HomeMy WebLinkAbout632NOT ADOPTED
ORDINANCE NO. 632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
SECTIONS 17.08, 17.56.020 AND 17.64.030 AND ADDING SECTIONS 17.56.080,
17.56.090 AND 17.56.100 FOR THE ADDITION OF RECYCLING FACILITIES TO THE
CITY OF IRWINDALE MUNICIPAL CODE, WHICH WILL AFFECT PROPERTIES
CITYWIDE IN THE M-2 (HEAVY MANUFACTURING) ZONE
WHEREAS, the City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706,
the Applicant, has made a request for a Zone Ordinance Amendment (ZOA 1-08) for the
addition of recycling facilities to the City of Irwindale Municipal Code, which will affect
properties Citywide in the M-2 (Heavy Manufacturing) zone to Section 17.84.010 of the
Irwindale Municipal Code, to initiate a change to the code; and
WHEREAS, on May 1, 2008, the Planning Commission conducted a duly noticed
public hearing, as required by law, on the Application, took testimony on the Application,
and continued the public hearing to the June 5, 2008 Planning Commission meeting;
and
WHEREAS, on June 5, 2008, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Application, took testimony on the
Application, and again continued the public hearing. to the July 10, 2008 Planning
Commission meeting; and
WHEREAS, on July 10, 2008, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Application, took testimony on the
Application, and again continued the public hearing to the August 7, 2008 Planning
Commission meeting; and
WHEREAS, on August 7, 2008, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Application and recommended that
the City Council approve the Zone Ordinance Amendment, subject to the approval of an
ordinance, which would detail the specific Conditions under which such portion of the
Application was approved; and
WHEREAS, on September 24, 2008, the City Council conducted a duly noticed
public hearing, as required by law, on the Application, at which time they received input
from staff and the City Attorney, heard public testimony, discussed the Proposed
Project, closed the public hearing, and, after discussion, approved this Ordinance; and
WHEREAS, all legal prerequisites to. the adoption of this Ordinance have
occurred.
Ordinance No. 632
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. That Chapter 17.08 "Definitions," of the Irwindale Zoning Code,
shall be revised to add a new subsection 17.08.431, entitled "Recycling Facility", to read
as follows:
17.08.431 Recycling Facility. "Recycling Facility" means a center for the
collection and/or processing of recyclable materials. Recycling facilities
may include: Large collection facilities, large processing facilities, small
collection facilities and small processing facilities, as such terms are
defined in Section 17.56.080."
SECTION 3. Chapter 17.56.020 entitled "Uses requiring a conditional use
permit" is hereby amended to add a new subsection 35 for "Recycling facilities" before
the existing subsection 35, and renumbering all subsections thereafter beginning with
new subsection 36 for "Rubber, reclaiming, or the manufacture of synthetic rubber or its
constituents" and ending with 42 for "Wineries", to read as follows:
17.56.020 Uses requiring a conditional use permit.
Because of considerations of smoke, fumes, dust, vibration, noise, traffic
congestion, or hazard, the establishment and operation of the following
uses in the M-2 (Heavy Manufacturing) zone shall not be permitted unless
a conditional use permit authorizing such use has been granted:
35. Recycling facilities"
SECTION 4. Chapter 17.56 entitled "M-2 Heavy Manufacturing Zone" is hereby
amended to add a new subsection 17.56.080, entitled "Recycling Facilities —
Definitions", to read as follows:
17.56.080 Recycling Facilities — Definitions
For the purpose of carrying out the purpose of this code, the words,
phrases and terms included in this title shall have the meaning ascribed to
them in this chapter.
A. Large collection facilities — A center for the acceptance by donation,
redemption or purchase of recyclable materials from any person. Such a
facility does not use power driven processing equipment. Large collection
facilities occupy more than 500 square feet. Does not include Materials
Recovery Facilities (MRF).
Ordinance No. 632
Page 2
B. Large processing facilities — A facility used for the collection and
processing of recyclable materials that occupies 25,000 square feet or
more of gross collection, processing and storage area. Does not include
Materials Recovery Facilities (MRF).
C. Small collection facilities — A center for the acceptance by donation,
redemption or purchase of recyclable materials from the public. Such a
facility does not use power driven processing equipment. Small collection
facilities occupy no more than 500 square feet. Does not include
Materials Recovery Facilities (MRF).
D. Small processing facilities — Same as large processing facility, but
occupies 24,999 square feet or less of gross collection, processing and
storage area. Does not include Materials Recovery Facilities (MRF)."
SECTION 5. Chapter 17.56 entitled "M-2 Heavy Manufacturing Zone" is hereby
amended to add a new subsection 17.56.090, entitled "Recycling Facilities — Criteria
and Standards", to read as follows:
17.56.090 Recycling Facilities — Criteria and Standards
A. Collection facilities:
1. Cannot abut residentially zoned or used property.
2. Any storage containers or other equipment or materials
must be stored behind a solid masonry wall a minimum of
6'-0" and a maximum of 8'-0" in height and adequately
screened.
3. Any storage container must be located a minimum of 10'-0"
from any property line.
4. Containers must be constructed and maintained with
durable waterproof and rustproof materials, adequately
painted and maintained in good condition.
5. Site must be secured and maintained free of litter, debris,
noxious odors, pests, vermin or any other undesirable
material.
6. Site must maintain a minimum of 5-0" landscape buffer
between masonry wall and right of way.
7. Provide parking for each commercial vehicle associated
with the use.
8. Maximum number of truck trips per day is two (2).
9. Site shall be subject to City annual inspections.
10. Applicant must have all applicable permits from the
California Department of Conservation and meet the
requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1986.
Ordinance No. 632
Page 3
11. Site must receive monthly steam cleaning. A valid
maintenance contract must be submitted to the Planning
Department for review prior to obtaining a Certificate of
Occupancy and kept in effect at all times.
12. Signs shall be limited to building walls only. No signage
shall be placed on any perimeter/free-standing walls or
storage containers.
13. The facility shall be clearly marked with the name and
telephone number of the facility operator and the hours of
operation. Identification and informational signs shall be
subject to the sign standards applicable to the zone in
which the facility is located. Onsite directional signs,
bearing no advertising message, may be installed with the
approval of the Planning Director, if necessary, to facilitate
traffic circulation or if the facility is not visible from the
public right-of-way. Directional signs shall include the
City's logo.
14. Provide an extra trash enclosure for waste/non-recyclable
materials and excess trash, such as bags used to transport
the recyclables.
15. City of Irwindale must receive the source credit for the
collections and processing.
16. No after-hours drop off shall be allowed.
17. No hazardous materials, including but not limited to,
automotive fluids shall be permitted on site.
18. Unless specifically modified herein, all remaining
provisions of the Zoning Code shall remain in full force and
effect.
19. Facility is subject to annual inspections by the Planning
Department to verify compliance.with approved Conditions
of Approval.
20. Facility must submit reports for yearly disposal and
diversion amounts to be reviewed by the Planning
Department and Finance Department. Diversion activities
must be in accordance with all applicable federal, State
and local requirements.
21. Facility is required to obtain a City Business License.
22. All inspections and report reviews are subject to a fee.
23. If warranted as determined by the Director of Planning, the
facility will be required to maintain a customer log; at which
time the customer must show valid identification, such as a
state issued driver's license or identification card.
24. All portions of the lot shall be paved.
25. The Conditional Use Permit shall be revoked after three (3)
substantiated complaints to the City of Irwindale Police
Department.
Ordinance No. 632
Page 4
26. Adequate security measures shall be established, including
but not limited to cameras with recording capabilities,
motion sensors and lighting.
27. Any request for expansion of an existing facility requires a
modification of the previously approved Conditional Use
Permit.
28. Recycling facilities shall not be permitted within two
thousand (2,000) feet of any other recycling facility.
29. Hours of operation shall be limited to Monday through
Saturday, 7:00 a.m. until 5:00 p.m.
30. No mobile or stand-alone collection containers shall be
permitted.
31. Minor vehicle repair shall be permitted for fleet vehicles
only.
a. All repairs must be done within an enclosed building
or shielded from the public right of way and be limited to oil
changes, tire changes and the like.
32. Recycling taxes, when applicable should be paid per
Section 3.18.070.
B. Processing facilities:
1. Average of up to two (2) out bound truck shipments per
day.
2. Processing is limited to baling, briquetting, crushing,
compacting, grinding, shredding, flattening, grinding and
sorting of source -separated recyclable materials.
3. The facility shall not shred, compact or bale ferrous metals;
only food or beverage containers may be shred,
compacted or baled.
4. If the facility is located within 500 feet of property zoned or
planned for residential use, it shall not be in operation
between 7:00 p.m. and 7:00 a.m.
5. Site must receive monthly steam cleaning. A valid
maintenance contract must be submitted to the Planning
Department for review prior to obtaining a Certificate of
Occupancy and kept in effect at all times.
6. Site must be secured and maintained free of litter, debris,
noxious odors, pests or any other undesirable material.
7. Signs shall be limited to building walls only. No signage
shall be placed on any perimeter/free-standing walls or
storage containers.
8. The facility shall be clearly marked with the name and
telephone number of the facility operator and the hours of
operation. Identification and informational signs shall be
subject to the sign standards applicable to the zone in
Ordinance No. 632
Page 5
which the facility is located. Onsite directional signs,
bearing no advertising message, may be installed with the
approval of the Planning Director, if necessary, to facilitate
traffic circulation or if the facility is not visible from the
public right-of-way. Directional signs shall include the
City's logo.
9. Provide an extra trash enclosure for waste/non-recyclable
materials and excess trash, such as bags used to transport
the recyclables.
10. City of Irwindale must receive the source credit for the
collections and processing.
11. No after-hours drop off shall be allowed.
12. No hazardous materials, including but not limited to,
automotive fluids shall be permitted on site. Unless
specifically modified herein, all remaining provisions of the
Zoning Code shall remain in full force and effect.
13. Facility is subject to annual inspections by the Planning
Department to verify compliance with approved Conditions
of Approval.
14. Facility must submit reports for yearly disposal and
diversion amounts to be reviewed by the Planning
Department and Finance Department.. Diversion activities
must be in accordance with all applicable federal, State
and local requirements.
15. Facility is required to obtain a City Business License.
16. All inspections and report reviews are subject to a fee.
17. If warranted as determined by the Director of Planning, the
facility will be required to maintain a customer log; at which
time the customer must show valid identification, such as a
state issued driver's license or identification card.
18. All portions of the lot shall be paved.
19. The Conditional Use Permit shall be revoked after three (3)
substantiated complaints to the City of Irwindale Police
Department.
20. Adequate security measures shall be established, including
but not limited to cameras with recording capabilities,
motion sensors and lighting.
21. Any request for expansion of an existing facility requires a
modification of the previously approved Conditional Use
Permit.
22. Recycling facilities, shall not be permitted within two
thousand (2,000) feet of any other recycling facility.
23. Hours of operation shall be limited to Monday through
Saturday, 7:00 a.m. until 5:00 p.m.
24. Minor vehicle repair shall be permitted for fleet vehicles
only.
Ordinance No. 632
Page 6
a. All repairs must be done within an enclosed building
or shielded from the public right of way and be limited to oil
changes, tire changes and the like.
25. Recycling taxes, when applicable should be paid per
Section 3.18.070."
SECTION 6. Chapter 17.56 entitled "M-2 Heavy Manufacturing Zone" is hereby
amended to add a new subsection 17.56.100, entitled "Recycling Facilities —
Amortization Schedule", to read as follows:
17.56.100 Recycling Facilities — Amortization Schedule
A. Existing lawfully established recycling facilities/uses located within
the M-1 (Light Manufacturing) zone and all zones within one hundred
(1 OG) feet of residential zones shall obtain a Conditional Use Permit by the
Planning Commission pursuant to Irwindale Municipal Code Section
17.56.020. An application for a Conditional Use Permit shall be submitted
within a two (2) year period of the effective date of the ordinance codified
in this Section or prior to the termination of the amortization period,
whichever provides the greater amount of time.
B. Existing lawfully established recycling facilities/uses located within
the M-2 (Heavy Manufacturing) zone and all zones within one hundred
(100) feet of residential zones shall obtain a Conditional Use Permit by the
Planning Commission pursuant to Irwindale Municipal Code Section
17.56.020. An application for a Conditional Use Permit shall be submitted
within a five (5) year period of the effective date of the ordinance codified
in this Section or prior to the termination of the amortization period,
whichever provides the greater amount of time.
C. When approving a Conditional Use Permit, the Planning
Commission shall make findings regarding the adequacy of on-site
parking and applicable development standards contained in Irwindale
Municipal Code Section 17.64.030. The Planning Commission shall
require, as a condition precedent to the continued use of the property
under the Conditional Use Permit, that a report be submitted by the
applicant, which shall provide and include plans to eliminate or mitigate
any Building, Plumbing, Electrical and Fire Code deficiencies. The
Planning Commission may require additional improvements to the
property, or any buildings or structures thereon, which may include but are
not limited to the following:
1. New or rehabilitated landscaping.
2. Exterior changes to promote compatibility of buildings and
structures with Design Guidelines and surrounding development.
3. Maintain vehicular maneuvering and parking areas in good repair.
Ordinance No. 632
Page 7
4. Modifications designed to bring a structure more nearly into
compliance with the applicable standards for commercial uses.
D. All nonconforming structures shall be amortized and removed,
without compensation from the City, in accordance with State law.
Nonconforming structures not removed after the applicable amortization
period shall be considered public nuisances subject to immediate
abatement.
E. This section shall not validate any existing recycling facilities/uses."
SECTION 7. Chapter 17.64 entitled "Off -Street Parking" is hereby amended to
add a new subsection Q for "Recycling facilities" before the existing subsection Q, and
renumbering all subsections thereafter, beginning with new subsection R for "Retail
stores, except as otherwise specified herein" and ending with V for the paragraph
beginning with the terms "In addition to the standards set forth herein....", to read as
follows:
17.64.030 Parking spaces for specified uses
The off-street parking spaces required for each use permitted by this title
shall be not less than the following, provided that any fractional parking
space shall be computed as a whole:
Use Number of Parking Space
Required
Q. Recycling facilities
1. Large collection and
processing facilities
2. Small collection and
processing facilities
Ordinance No. 632
Page 8
Space shall be provided on-site
for ten (10) vehicles to circulate
and to deposit recyclable
materials and one (1) parking
space shall be provided for each
employee on the largest shift and
one (1) space for each
commercial vehicle associated
with the use.
Space shall be provided on-site for
five (5) vehicles to circulate and to
deposit recyclable materials and
one (1) parking space shall be
provided for each employee on the
largest shift and one (1) space for
each commercial vehicle
associated with the use.
SECTION 8. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute a Zoning Code Amendment on behalf of the City of Irwindale
forthwith upon adoption of this Ordinance.
SECTION 9. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
SECTION 10. City staff is directed to prepare and file a Notice of
Determination from CEQA in connection with this project.
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Ordinance No. 632
Page 9
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Ordinance No. 632
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