HomeMy WebLinkAbout636ORDINANCE NO. 636
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, remanded this Ordinance back
to the Planning Commission; and
WHEREAS, on December 4, 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 a future Planning Commission
Meeting; and
Ordinance No. 636
Page 1
WHEREAS, on December 18, 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 a future Planning Commission
Meeting; and
WHEREAS, on February 5, 2009, 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 a future Planning Commission
Meeting; and
WHEREAS, on March 5, 2009, 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 April 2, 2009 Planning
Commission Meeting; and
WHEREAS, on April 2, 2009, 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 provides standards for the operation of recycling facilities in the City.
WHEREAS, on May 27, 2009, the City Council conducted a duly noticed public
hearing, as required by law, on the Application and recommendation of the Planning
Commission to approve this Zone Ordinance Amendment which provides standards for
the operation of recycling facilities in the City, took testimony and reviewed relevant
documentary evidence and conducted a first reading of the Zone Ordinance
Amendment.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
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 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."
Ordinance No. 636
Page 2
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. The use of the terms "collection facilities" or
"processing facilities" herein, whether large or small, shall not apply to
either (i) Materials Recovery Facilities and Transfer Stations (MRF/TS),
which are facilities operated by a city -franchised waste hauler for the
recovery of recyclable materials from the municipal waste stream,
including its city -approved related or incidental uses; (ii) auto
dismantling/recycling facilities or junk/salvage/scrap yards; (iii) asphalt
plants; (iv) concrete plants; (v) concrete product manufacturing, (vi)
rubberized materials/tire recycling and (vii) landfills.
A. Large collection facilities — A center for the acceptance by donation,
redemption or purchase of recyclable materials from any person.
Such a facility uses power driven processing equipment. Large
collection facilities have storage areas that occupy more than 500
square feet.
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.
Ordinance No. 636
Page 3
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 have storage areas that occupy no more
than 500 square feet.
D. Small processing facilities — Same as large processing facility, but
occupies 24,999 square feet or less of gross collection, processing
and storage area."
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. There shall be no more than five (5) outbound truck
shipments of material per day. A truck is a commercial
motor vehicle weighing 10,000 pounds or more unladen.
Truck shipments do not include public drop-off.
9. All outbound truck shipments shall be maintained in a log.
The log must contain vehicle type, license plate number,
driver's name, registered owner and weight and type of
material removed from the facility. Logs shall be subject to
City review at any time.
10. No facility shall be located within 500 feet of property
zoned or planned for residential use.
Ordinance No. 636
Page 4
11. 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.
12. 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.
13. Signs shall be limited to building walls only. No signage
shall be placed on any perimeter/free-standing walls or
storage containers.
14. 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.
15. Provide an extra trash enclosure for waste/non-recyclable
materials and excess trash, such as bags used to transport
the recyclables.
16. City of Irwindale must receive the source credit for the
collections and processing.
17: No after-hours drop off shall be allowed.
18. No hazardous materials, including but not limited to,
automotive fluids shall be permitted on site. Any
hazardous materials inadvertently introduced into the site
shall be disposed of immediately per state law
requirements.
19. Facility is subject to annual inspections by the City to verify
compliance with approved Conditions of Approval and
applicable law.
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. Except for small quantities of CRV materials, if warranted
as determined by the Director of Planning and in
accordance with State Law requirements, the facility will be
required to maintain a customer log; at which time the
Ordinance No. 636
Page 5
customer must show valid identification, such as a state
issued driver's license, identification card and/or thumb
print where applicable.
24. All portions of the lot shall be paved.
25. The Conditional Use Permit shall be subject to revocation
after three (3) substantiated complaints to the city or other
regulatory agency in a 12 month period.
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
Sunday, 7:00 a.m. until 7:00 p.m.
30. Collection shall be limited to the hours of 7:00 a.m. to 5:00
p.m.
31. All after-hours operations (5:00 p.m. to 7:00 p.m.) shall be
restricted to facility related functions only, including but not
limited to clean up, inventory and vehicle parking.
32. No mobile or unattended collection containers shall be
permitted.
33. Minor repairs shall be permitted for fleet vehicles and
machinery only. 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.
34. Recycling taxes, when applicable should be paid per
Section 3.18.070.
35. Recycling activities must be in accordance with all
applicable federal, State and local requirements.
B. Processing facilities:
1. There shall be no more than five (5) outbound truck
shipments of material per day. A truck is a commercial
motor vehicle weighing 10,000 pounds or more unladen.
Truck shipments do not include public drop-off.
2. All outbound truck shipments shall be maintained in a log.
The log must contain vehicle type, license plate number,
driver's name, registered owner and weight and type of
material removed from the facility. Logs shall be subject to
City review at any time.
Ordinance No. 636
Page 6
3. Processing is limited to baling, briquetting, crushing,
compacting, grinding, shredding, flattening, grinding and
sorting of source -separated recyclable materials.
4. The facility shall not shred, compact or bale ferrous metals.
Shredding, compacting and baling of materials include, but
is not limited to food/beverage and non-food/beverage
containers, such as cardboard, paper, cans and
polystyrene.
5. No facility shall be located within 500 feet of property
zoned or planned for residential use.
6. 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.
7. Site must be secured and maintained free of litter, debris,
noxious odors, pests or any other undesirable material.
8. Signs shall be limited to building walls only. No signage
shall be placed on any perimeter/free-standing walls or
storage containers.
9. 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.
10. Provide an extra trash enclosure for waste/non-recyclable
materials and excess trash, such as bags used to transport
the recyclables.
11. City of Irwindale must receive the source credit for the
collections and processing.
12. No after-hours drop off shall be allowed. No hazardous
materials, including but not limited to, automotive fluids
shall be permitted on site. Any hazardous materials
inadvertently introduced into the site shall be disposed of
immediately per state law requirements.
13. Facility is subject to annual inspections by the City to verify
compliance with approved Conditions of Approval and
applicable law.
14. Facility must submit reports for yearly disposal and
diversion amounts to be reviewed by the Planning
Department and Finance Department. Diversion activities
Ordinance No. 636
Page 7
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. Except for small quantities of CRV materials, if warranted
as determined by the Director of Planning and in
accordance with State Law requirements, 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, identification card and/or thumb
print where applicable.
18. All portions of the lot shall be paved.
19. The Conditional Use Permit shall be subject to revocation
after three (3) substantiated complaints to the city or other
regulatory agency in a 12 month period.
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
Sunday, 7:00 a.m. until 7:00 p.m.
24. Processing shall be limited to the hours of 7:00 a.m. to
5:00 p.m.
25. All after-hours operations (5:00 p.m. to 7:00 p.m.) shall be
restricted to facility related functions only, including but not
limited to clean up, inventory and vehicle parking.
26. Minor repairs shall be permitted for fleet vehicles and
machinery only. 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.
27. Recycling taxes, when applicable should be paid per
Section 3.18.070.
28. Recycling activities must be in accordance with all
applicable federal, State and local requirements."
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
Ordinance No. 636
Page 8
(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 two (2) year period of the effective date of the ordinance codified
in this Section.
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.
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.
4. Modifications designed to bring a structure more nearly into
compliance with the applicable standards for commercial uses.
D. All nonconforming structures shall be removed following the
amortization period, 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.
Nor shall any business which is operating in violation of any City code or
permit applicable at the time of adoption of this ordinance benefit from the
amortization period provided herein."
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
Ordinance No. 636
Page 9
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:
SECTION 8. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
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
under the California Environmental and Quality Act (CEQA) in connection with this
project.
Ordinance No. 636
Page 10
Use
Number of Parking Space
Required
Q.
Recycling facilities
1.
Large collection and
Space shall be provided on-site
processing facilities
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.
2.
Small collection and
Space shall be provided on-site for
processing facilities
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 this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
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
under the California Environmental and Quality Act (CEQA) in connection with this
project.
Ordinance No. 636
Page 10
PASSED, APPROVED, AND ADOPTED this 10th day of June 2009.
rry G. Burrola, Mayor
ATTEST:
i J. Kim o M C
Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 636 was duly introduced at a regular meeting of the Irwindale
City Council held on the 27th day of May 2009, and was duly approved and adopted on
second reading at its regular meeting held on the 10th day of June 2009, by the
following vote of the Council:
AYES: Councilmembers: Breceda, Fuentes, Garcia, Ortiz, Mayor Burrola
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
bia&a J. Kim ro MM
Deputy City C erk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 636, adopted by the City Council of the City of
I indale at its regular meeting held June 10, 2009, to be posted at the City Hall, Library, and Post Office on June 11, 2009.
P Dated: Jun a 11, 2009
Lid . Kim ro, MM
uty City Cle
Ordinance No. 636
Page 11