HomeMy WebLinkAbout718ORDINANCE NO. 718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
SECTION 8.20.370 OF THE IRWINDALE MUNICIPAL CODE REGARDING SOLID WASTE
FRANCHISES, AMENDING CHAPTERS 17.56 AND 17.58 OF THE CITY OF IRWINDALE
MUNICIPAL CODE REGARDING MATERIAL RECOVERY FACILITIES IN THE M-2
(HEAVY MANUFACTURING) ZONE AND ADDING SECTION 17.56.025 REGARDING
DISTANCE REQUIREMENTS FOR ALCOHOL BEVERAGE ESTABLISHMENTS
WHEREAS, the City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706,
the Applicant, has made a request for Zoning Ordinance Amendment No. 04-2016 (ZOA)
to the Irwindale Municipal Code (IMC) regarding material recovery facilities and distance
requirements for alcohol beverage establishment conditional use permits (CUPS), which
will affect properties Citywide;
WHEREAS, the Irwindale City Council, in a prior action taken on June 8, 2016,
certified Final Environmental Impact Report (FEIR) (SCH# 2013051029) which analyzed
potential environmental impacts from the proposed Materials Recovery Facility and
Transfer Station (MRF/TS) project; and
WHEREAS, Addendum No. 1 to the FEIR has been prepared to address minor,
internal site plan adjustments made in the final design of the MRF/TS project; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA") and the CEQA guidelines, the proposed amendment
has been environmentally analyzed in the certified FEIR and Addendum No. 1; and
WHEREAS, the City, through this ordinance, wishes to amend the Municipal Code
to allow a Material Recovery Facility as a permitted use in the M-2 Zone, and to modify
the distance requirements for alcohol beverage establishments; and
WHEREAS, on September 20, 2017, the Planning Commission conducted a duly
noticed public hearing, as required by law, and approved Resolution No. 737(17)
recommending that the City Council approve the Zoning Ordinance Amendment; and
WHEREAS, on October 11, 2017, the City Council conducted a duly noticed public
hearing, as required by law, on the Application, including this Ordinance; and
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 incorporated herein by this reference.
Ordinance No. 718
Page 1
SECTION 2. The City Council hereby specifically finds and determines that the
project, as proposed, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale
environmental guidelines, the City, as the Lead Agency, has analyzed the project and on
June 8, 2016 certified the Final Environmental Impact Report (FEIR) (SCH#2013051029).
A copy of the FEIR and Mitigation Monitoring and Reporting Program was posted on the
City's website.
SECTION 3. The City Council hereby specifically finds and determines the project,
as proposed, pursuant to the authority and criteria contained in CEQA of 1970, as
amended, the 2017 State CEQA Guidelines Section 15164, and with reference to Section
15162, and the City of Irwindale environmental guidelines, the City, as the Lead Agency,
has reviewed and considered the FEIR, including Addendum No. 1 to the FEIR and
determines that the minor project modifications would not result in new significant
impacts, increase the severity of significant impacts, or otherwise trigger additional review
and adopts Addendum No. 1 and the Findings attached as Attachments G and H to the
agenda report.
SECTION 4. Section 8.20.370 of the Irwindale Municipal Code is removed and
replaced to read, in its entirety, as follows:
"8.20.370 - Right to grant franchise.
A. In order to protect public health, safety, and welfare, to control pest
and nuisance vectors and to carry out the mandatory duties imposed on the city
by the State of California, the city council may authorize one or more contractors
to make arrangements with generators of solid waste for the collection,
transportation, recycling and disposal of solid wastes within and throughout the
city. To this end, the city council, subject to all applicable state laws, specifically
retains the right to grant a limited, non-exclusive or exclusive franchise or
franchises for the (i) collection of solid waste from any residential unit or
commercial premises, and/or (ii) operation of a Material Recovery Facility/Transfer
Station (as such term is defined in Section 17.56.070).
B. No solid waste enterprise or other person shall undertake the
(i) collection of solid waste from any residential unit or commercial premises,
and/or (ii) operation of a Material Recovery Facility/Transfer Station (as such term
is defined in Section 17.56.070) without first obtaining a franchise granted by the
city council, in writing, naming the contractor. Any specific exceptions to the
foregoing franchise requirement may be designated in the city's duly -adopted
franchise contract.
C. The term of each franchise shall be set forth in the franchise
agreement. A reasonable franchise fee shall be included within every franchise
granted pursuant to this chapter. The amount and payment thereof shall be
Ordinance No. 718
Page 2
determined by the city council, and shall be set forth in the franchise agreement.
A penalty for late payments may be imposed.
D. A grant of franchise pursuant to this Section shall be made in the
discretion of the city council and consistent with Irwindale City Charter Section
608."
SECTION 5. Section 17.56.025 is added to the Irwindale Municipal Code to read,
in its entirety, as follows:
"17.56.025 — Uses requiring a development agreement.
The uses listed below shall be allowed in the M-2 zone with either (A) a
conditional use permit, or (B) a development agreement that (i) meets the
requirements of Government Code sections 65864-65869.5, and (ii) includes
development standards that ensure the public's health, safety and welfare and that
any development is consistent with the City's General Plan and any other
applicable land use plan(s):
1. Material Recovery Facility/Transfer Station, if said facility is also
approved in conjunction with a franchise agreement granting a limited,
non-exclusive or exclusive franchise for operation of said Material
Recovery Facility/Transfer Station.
2. (Reserved).
When a use is allowed by development agreement or conditional use permit in this
Section, all ancillary uses can be approved by such development agreement or
conditional use permit so long as appropriate and required findings can be made.
Approval of a development agreement pursuant to this Section shall also qualify
as an entitlement approval equivalent to that of approval of a conditional use
permit, and shall be treated as a conditional use permit approval, for the purposes
of any other provisions of this Title 17. Nothing in this section is intended to limit
other uses that may be included in a development agreement as otherwise allowed
in Sections 17.56.010 and 17.56.020 for the M-2 zone."
SECTION 6. Section 17.56.030, at Subsection A, of the Irwindale Municipal Code
is amended to read, in its entirety, as follows (new text, if any, is identified in underlined,
deleted text, if any, is identified in stFike through), with all provisions of Subsections B and
C remaining unmodified and in full effect
17.56.030 - Limitation on permitted uses.
Every use permitted in the M-2 zone shall be subject to the following
limitations:
A. Unless a specific provision of this Chapter 17.56 authorizes lesser
setback requirements, the following general requirements apply. When an
Ordinance No. 718
Page 3
M-2 lot fronts or sides upon a street, public or private, when adjacent to
residential and agricultural zones, there shall be maintained front and side
yards of not less than fifty feet in depth along such thoroughfare. When an
M-2 lot fronts or sides upon a street, public or private, when adjacent to
commercial and M zones, there shall be maintained front and side yards of
not less than twenty feet in depth along such thoroughfare. A landscaping
area, not less than twenty feet in width, shall be maintained along all street
frontage of such lots. The following accessory uses shall be permitted in
such front or side yard areas:
1. Landscaping;
2. Passenger vehicle parking (only if surfaced in such manner
as to eliminate dust or mud);
3. Employees' recreational area without structures;
4. An ornamental, open type fence, not over eight feet in height,
made of material such as woven wire, wood, welded wires, chain
link, or wrought iron.
5. Utility or other easements.
SECTION 7. Section 17.56.070 of the Irwindale Municipal Code is amended to
read, in its entirety, as follows (new text, if any, is identified in underlined, deleted text, if
any, is identified in strife through):
"17.56.070 - 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 facilites and
transfer stations (MRF/TS), whiGh are faGildtiGS opeFated by a Gity fFanGh'6ed waste
hauler fo-F the FeGGVeFY Gf FeGYGIahl8- mate -rials frem the muniGipal waste stream,
inn' , iRg its Gity approved related OF iR dentaluses;(i+) auto dismantling/recycling
facilities or junk/salvage/scrap yards; (iii) asphalt plants; (iiiv) concrete plants; (iv)
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 five hundred square feet.
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B. Large Processing Facilities. A facility used for the collection and
processing of recyclable materials that occupies twenty-five thousand
square feet or more of gross collection, processing and storage area.
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 five hundred square
feet.
D. Small Processing Facilities. Same as large processing facility, but
occupies twenty-four thousand nine hundred ninety-nine square feet or less
of gross collection, processing and storage area.
E. Material Recovery Facilities/Transfer Stations (MRF/TS). Facilities
operated by a city -franchised waste hauler for the recovery, processing
and/or transfer of recyclable materials, refuse and solid waste from the
municipal waste stream, including its city -approved related or incidental
uses."
SECTION 8. Section 17.56.090 of the Irwindale Municipal Code is amended to
add a new subsection C to read as follows, with all provisions of Subsections A and B
remaining unmodified and in full effect:
"17.56.080 - Recycling facilities—Criteria and standards.
C. Material Recovery Facilities/Transfer Stations (MRF/TS).
1. Must be approved by development agreement and limited, non-
exclusive or exclusive franchise agreement, pursuant to which additional
standards beyond those required in this subsection C may apply.
2. Any storage containers or other equipment or materials must be
stored in a manner so as to be adequately screened from the public right of
way.
3. Any storage container must be located a minimum of ten feet 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. Sufficient parking for operator's commercial and employee vehicles,
as well as visitor parking, in the amount required per Section 17.64 shall be
provided.
6. 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. 718
Page 5
7. 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.
8. The City of Irwindale must receive the source credit for the
collections and processing.
9. 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.
10. The facility is subject to annual inspections by the city to verify
compliance with approved conditions of approval and applicable law.
11. The 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.
12. The facility is required to obtain a city business license.
13. Except for small quantities of CRV materials, if warranted as
determined by the community development director 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.
14. All portions of the lot, other than approved landscaping areas, shall
be paved.
15. Adequate security measures shall be established, including but not
limited to, cameras with recording capabilities, motion sensors and lighting.
16. Any request for expansion of an existing facility requires a
modification of the previously approved development agreement or
conditional use permit, unless such modification meets criteria for minor
modifications per the development agreement or conditional use permit
conditions.
17. Hours of operation shall be established in the development
agreement or conditional use permit.
18. Minor repairs shall be permitted for fleet vehicles and machinery
only. All repairs must be done within an enclosed building or shielded from
Ordinance No. 718
Page 6
the public right of way and be limited to oil changes, tire changes and the
like.
19. Recycling activities must be in accordance with all applicable federal,
state and local requirements.
20. Minimum landscaping requirements shall be per the approved site
plan and shall not be subject to the minimum requirements otherwise
applicable in the M-2 zone.
21. Must comply with all applicable environmental mitigation measures
at all times, including odor and noise, and promptly and adequately address
all complaints received from the general public and report same to the
community development director within 48 hours.
22. To the extent a duly -approved development agreement or
conditional use permit contains terms or conditions more specific than the
ones contained in this Section or elsewhere in the Code, the more specific
terms shall control."
SECTION 9. Section 17.56.020 of the Irwindale Municipal Code is amended to
add the following numbered item to the list of uses requiring a conditional use permit: "43.
Material Recovery Facilities/Transfer Stations (MRF/TS), conditional use permit or
development agreement, if said facility is also approved in conjunction with a franchise
agreement and subject to all requirements of Section 17.56.025". Other provisions of
Section 17.56.020 shall remain unchanged.
SECTION 10. Subsection A of Section 17.58.040 of the Irwindale Municipal Code
is amended to read, in its entirety, as follows (new text, if any, is identified in underlined,
deleted text, if any, is identified in S+F"- h):
"A conditional use permit shall not be issued to a proposed on -sale or off -
sale alcoholic beverage establishment if the proposed establishment would
be located within three hundred feet from another such establishment or
any residential use, church or other place of worship, or hospital; or within
one thousand feet from an educational institution, nursery school, day
camp, day care center, public park, or playground, as such distances are
measured from the closest property line of each use. Notwithstanding any
provision in this chapter to the contrary, an "existing deemed approved
alcoholic beverage establishment" which is seeking to obtain a conditional
use permit shall not be required to comply with these distance requirements
as part of the conditional use permit process. In addition, these distance
requirements shall not apply to the location of any proposed on -sale or off -
sale alcoholic beverage establishment within a bona fide restaurant or
specialty food store as such terms are defined in Section 17.58.020.
The minimum distance requirement provided in this section may be
waived by the development services director or the decision-making body,
if in his/her/its reasonable judgment, it is determined that a substantial
Ordinance No. 718
Page 7
Physical obstruction or barrier exists, such that it is practically infeasible for
an individual to travel the distance (including by foot bicycle or vehicle) as
measured by property lines and the actual distance travelled would in
reasonable likelihood be in excess of the minimum distance requirement
The substantial physical obstruction or barrier may be natural or man-made
provided it existed before submission of the application for the conditional
use permit or development agreement. Examples of types of physical
obstructions or barriers that may support a waiver include but are not limited
to restricted access highways or freeways, rivers or creeks stormwater
channels, large embankments or soundwalls."
SECTION 11. The City Council hereby finds that the proposed Zoning
Ordinance Amendment has been environmentally analyzed under the certified FEIR
(SCH#2013051029) and Addendum No. 1 to the FEIR.
The Chief Deputy City Clerk shall:
a. Certify to the adoption of this Ordinance; and
Forthwith transmit a certified copy of this Ordinance, by certified mail, to
the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED this 25th day of -October 2017.
CL
Mar . Breceda, Mayor
ATTEST:
Caufa M. Nieto, MMC
ChJbf Deputy City Clerk"
Ordinance No. 718
Page 8
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 718 was introduced for first reading at special meeting held
October 11, 2017 and duly adopted by the City Council of the City of Irwindale, at a regular
meeting held on the 25th day of October 2017, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda
None
None
None
jra
M.NieDeputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 718 adopted by
the City Council of the City of Irwindale at its regular meeting held October 25, 2017, to be posted at the
City Hall^Library, and Post Office on October 26, 2017.
UA a//`` &0 Dated: `6I r,,q It 7
i M. Nieto, MMC
' Deputy City Clerk
Ordinance No. 718
Page 9