HomeMy WebLinkAbout22- Ordinance CITY OF SAN BERNARDINO - REQUEbf FOR COUNCIL ACS SON
R. Ann Siracusa Subject: Amendment to Text No. 87-4
From: Director of Planning
Dept: Planning ' Mayor and Council Meeting of
February 15 , 1988 , 2 :00 p.m.
Date: February 3 , 1988
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on February 2 , 1988 , the
following recommendation was made:
The proposed Amendment to Text No. 87-4 , to add Chapter 19 .41 -
Convenience Zones - to the San Bernardino Municipal Code to include
recycling facilities as permitted uses in certain zones , was
recommended for approval . The Negative Declaration for environ-
mental impact was also approved .
Vote: 5-4
Recommended motion:
Adopt the Negative Declaration.
Waive first reading and put over for adoption Amendment to Text 87-7
amending Sections 19 .04 , 19 .26 , 19 . 36 and adding Section 19 .41 to the
San Bernardino Muncipal Code.
Si ature R. Ann Siracusa
R. ANN SIRACUSA 384-5357
Contact person: Phone:
Supporting data attached:
Staff Report Ward: City-wide
FUNDING REQUIREMENTS: Amount: Source:
Finance: —
Council Notes:
CITY OF SAN BERNARDINO - MEMORANDUM
To Planning Commission From Planning Department
Subject Amendment to Text 87-4 Date February 2 , 1988
Approved Agenda Item No. 2
Date
PROPOSED_AMENDMENT
The proposal is to amend Chapter 19.04, 19 .26 , and 19.36 , to
permit recycling facilities and to add Chapter 19.41 to San
Bernardino Municipal Code to establish convenience zones and
procedures for recycling facilities, as required by State
Law.
MUNICIPAL CODE
Presently, the San Bernardino Municipal Code does not refer
to the State mandated requirement for convenience zones and
recycling facilities .
In the Fall of 1986 , AB 2020 , the California Beverage Con-
tainer Recycling and Litter Reduction Act was signed into
law. The legislation establishes a beverage container
recycling program, which is to be administered by the State
Department of Conservation, Division of Recycling .
The program mandates the establishment of convenience zones
for recycling centers throughout the State where consumers
can redeem for cash their glass, aluminum, plastic and non-
aluminum metal beverage containers . The centers must be
located within designated convenience zones an area within a
1/2 mile radius of any supermarket that conducts $2 million a
year or more in business. Recycling centers must be cer-
tified by the Division of Recycling before redemption or
reimbursement fees are paid to the consumers.
The burden establishing and running the program rests on
private industry. On September 1 , 1987 , beverage
distributors began to pay a penny per container into a
special fund for every beverage container offered for sale in
the State. On October 1 , 1987 , consumers who recycle began
to receive the penny redemption value plus applicable bonuses
established by the Division of Recycling . Stores selling
beverage containers after December 31 , 1987 that do not have
a recycling facility sited in the convenience zone in which
they are located , must either redeem all four container types
or face a daily fine of $100 .
Amendment To Text 87-4
Planning Commission meeting of February 2 , 1988
Page 2
Local governments are responsible for issuing permits for the
siting of recycling center facilities and any concommitant
changes to zoning ordinances relative to AB 2020 implemen-
tation.
Since October , the City has been issuing temporary permits
for the siting of mobile units for recycling . Those permits
will expire March 1 , 1988.
CEOA
An Initial Study was prepared and presented to the Environ-
mental Review Committee on December 30 , 1987 . It is recorr,-
mended a Negative Declaration be adopted for the text amend-
ment. The public review period for the Initial Study and
Negative Declaration was trom January 4 , 1988 to January L5,
1988. No comments were received . (See Attachment "B" )
ANALYSIS
Calitornia State enacted the Calitornia Beverage Conta:nei
Recycling and Litter Reduction Act of 1986 . This law
requires redemption centers for recyclable materials be
located within 1/2 mile radius of any supermarket which does
a gross annual business of $2 million or more.
In response to that legislation, the City proposes to permit
recycling facilities to be located in those areas with the
following procedures.
Typ,P_gf_ Fc _liy ZoDES_Petnited Permit Required
Reverse Vending All Commercial Administrative
Machine (s) All Industrial Review and Permit
Small Collection C-2 , C-3 and Administrative
All Industrial (DRC)
Large Collection C-3 Commercial Conditional Use
Industrial. Permit
Light Processing All Industrial Conditional Use
Permit
Heavy Processing Light Industrial Conditional Use
Heavy Industrial Permit
Amendment To Text 87-4
Planning Commission meeting of February 2 , 1988
Page 3
With a conditional use permit , the most intrusive of the
recycling facilities will receive Environmental Review on a
project by project basis.
COMMENTS_RECELvED
Comments regarding the proposed signage restrictions have
been received from two recycling companies. The comments
contend that the al3owable area proposed is not in keeping
with other jurisdictions and , therefore, mobile units which
are uniform in appearance with unknown destinations may have
allowable signage in most cities but would have signage in
excess of allowable area in San Bernardino.
Our proposal is for signage of 20% of the side of the unit or
16 sq. ft. whichever is less . Most cities where ordinances
were modeled after the Ordinance proposed by the League of
California Cities allow 20% or 16 sq. ft . whichever is
greater .
The other comment received regards the proposed requirement
that the "color and design be compatible with surrounding
uses and neighborhood . " Comments from a company which
utilizes the igloo-type kiosk collectors state that the co ox
of the igloo is bonded in during manufacturing and repainting
to match any given shopping center is not practical in that
paint applied to a bonded surface does not adhere to the
surface .
RECOMMENDATION
Staff recommends that the Planning Commission :
i . Adopt the Negative Declaration; and
2 . Approved Amendment to Text 87-4 .
Respectfully submitted ,
R. ANN SIRACUSA
Director of Planning
SANDRA PAULSEN
Acting Principal Planner
Attachment A - Proposed Amendment
B - Initial Study
SP: lmc
-TTI
1
ORDINANCE NO:
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 19.04, 19.26 , AND 19.36 OF CHAPTER 19 OF THE SAN
BERNARDINO MUNICIPAL CODE; AND ADDING CHAPTER 19.41 -
4 CONVENIENCE ZONES TO THE SAN BERNARDINO MUNICIPAL CODE, TITLE
19 AND TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING
5 RECYCLING FACILITIES AND TO ESTABLISH CONVENIENCE ZONES.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO DO ORDAIN AS FOLLOWS:
7
8 SECTION 1. Chapter 19.04 of the San Bernardino Munic-
9 ipal Code is amended to read as follows: I
10 19.04 .172 Convenience Zone.
11 "Convenience Zone" means an area within a one-half
12 mile radius of a supermarket.
13 19.04 .467 Recycling Facility.
14 "Recycling Facility" means a center for the
15 collection and/or processing of recyclable materials.
16 Recycling facilities include but are not limited to reverse
17 vending machines, kiosks, mobile units, and processing
18 racilities.
19 19 .04 .468 Recycling Material .
20 "Recycling Material" means reusable material including
21 but not limited to metals, glass, plastic and paper which are
22 intended for reuse, remanufacture, or reconstitution for the
23 purpose of reusing the altered form, but does not include
24 refuse or hazardous materials.
25 19 .04.517 Supermarket.
26 "Supermarket" means a full-service, self-service retail
27 store with gross annual sales of two million dollars
28
1
($2 ,000 ,000) or more and which sells a line of dry grocery,
1
canned goods, or non-food items and some perishable items.
2
SECTION 2. Permitted Uses. Chapters 19.24.020 .A,
3 I 19 .26 .020 .B and 19.36 .020 are amended to read as follows:
4
19 .24 .020 Permitted Uses.
5
A. Retail stores of the following types conducted
6
wholly within an enclosed structure. Excepted from this
7
section are recycling facilities of the following types:
8
Reverse vending machines , small collection facilities, mobile
9
units, and kiosk type collection facilities as defined in
l0
Chapter 19.41 of the San Bernardino Municipal Code. No
11
outdoor display of merchandise other than motor vehicles
12
shall be permitted unless approved under Chapter 5 .22 per-
13
taining to outdoor sales and displays.
14
19 .26 .020 Uses Permitted .
15
B. Retail stores.
16
22 . Recycling collection facilities of the
17
following types as defined in Section 19 .41 .020 of the San
18
Bernardino Municipal Code :
19
a. Reverse vending machines,
20
b. Mobile units,
21
C. Kiosk type units
22
23 . Trunk and leather goods stores
23
19.36 .020 Uses Permitted .
24
V. Recycling facilities of the following types
25
as defined in Section 19 .41 .020 of the San
26
Bernardino Municipal Code:
27
1 . Recycling Collection facilities,
28
2 . Recycling process facilities
2
i
I W. Repair garages.
2 X. Retail lumber yards including incidental mill
3 work.
4 Y. Small boat building and repair .
5 Z . Veterinarian animal hospital.
6 AA. Wholesaling and warehousing .
7 BB. Such other uses which the Planning Commission
8 determines to be similar in nature and which
9 do not produce obnoxious noise, odor , dust,
10 smoke, glare or other nuisances.
11 SECTION 3 . Chapter 19.41 of the San Bernardino Munic-
12 ipal Code is amended to read as follows:
13 19.41 .010 Title and Purpose.
14 The title of this chapter shall be "Convenience Zones. "
15 The purpose of this chapter is to provide a comprehensive and
16 easily understood program to make the redemption and
17 recycling of reusable materials convenient to the consumer in
18 order to reduce litter and increase the recycling of reusable
19 materials.
20 19 .41 .020 _DEFINITIONS
21 A. Recycling Material
22 Recyclable material is reusable material including but
23 not limited to metals, glass, plastic and paper which
24 are intended for reuse, remanufacture, or reconstitution
25 for the purpose of using the altered form. Recyclable
26 material does not include refuse or hazardous materials.
27 Recyclable material may include used motor oil collected
28
3
r- �A
and transported in accordance with Section 25250 . 11 and
1
25143 .2 (b) (4) of the California Health and Safety Code.
2
B. Recycling Facility
3 I A recycling facility is a center for the collection
4
and/or processing of recyclable materials. A certified
5
recycling facility or certified processor means a
6
recycling facility certified by the California Depart-
ment of Conservation as meeting the requirements of the
8
California Beverage Container Recycling and Litter
9 I �
Reduction Act of 1986 . A recycling facility does not
10 i
include storage containers or processing activity l
11
located on the premises of a residential, commerical or
12
manufacturing use and used solely for the recycling of
13
material generated by that residential property, busi-
14
ness or manufacturer . Recycling facilities may include
15
the following :
16
(1) Collection Facility
17
A collection facility is a center for the ac-
Is
ceptance by donation redemption or purchase of
19
recyclable materials from the public. Such a
20
facility does not use power driven processing
21
equipment except as indicated in Section 4 Criteria
22
and Standards Collection facilities may include the
23
following :
24
a. Reverse Vending Machines (s) .
25
b. Small collection facilities which occupy an
26
area of no more than 500 square feet and may
27
include:
28
1 . a mobile unit,
4
will
1 2 . Bulk reverse vending machines or a
2 grouping of reverse vending machines
3 occupying more than 50 square feet,
4 3 . Koisk type units which may include
5 permanent structures ,
6 C. Large collection facilities which may occupy
7 an area of more than 500 square feet and may
i
8 include permanent structures.
,) I
(2) Processing Facility
la) A processing facility is a building or enclosed
11 space used for the collection and processing of
12 recyclable materials. Processing means the
13 preparation of materials for efficient shipment, or
14 to an end-user ' s specifications by such means as
15 baling , briquetting , compacting , flattening, grind-
16 ing , crushing , mechanical sorting, shredding ,
17 cleaning and remanufacturing . Processing facili-
18 ties include the following:
19 a. Light processing facility occupies an area of
20 under 45 ,000 square feet of gross collection,
21 processing and storage area and has up to an
22 average of two (2) outbound truck shipments
23 per day. Light processing facilities are
24 limited to bailing , briquetting , crushing ,
25 compacting , grinding, shredding and sorting of
26 source separated recyclable materials
27 sufficient to quality as a certified
28 processing facility. A light processing
5
facility shall not shred , compact, or bale
1 ferrous metals other than food and beverage
2
containers.
b. A heavy processing facility is any processing
4
facility other than a light processing
5
facility.
6
C. Reverse Vending Machines
7
A reverse vending machine is an automated mechanical
8
device which accepts at least one or more types of empty
9
beverages containers including , but not limited to
10
aluminum cans glass and plastic bottles and issues a
11
cash refund or a redeemable credit slip with a value not
12
less than the container ' s redemption value as determined
13
by the state. A reverse vending machine may sort and
14
process containers mechanically provided that the entire
15
process is enclosed within the machine. In order to
16
accept and temporarily store all three container types
17
in a proportion commensurate with their relative
]8
redemption rates, and to meet the requirements of
19
certification as a recycling facility, multiple grouping
20
of reverse vending machines may be necessary.
21
A bulk reserve vending machine is a reverse vending
22
machine that is larger than 50 square feet, is designed
33
to accept more than one container at a time; and will
24
pay by weight instead of by container .
25
D. Mobile Recycling Unit
26
A mobile recycling unit means an automobile, truck ,
27
trailer , or van, licensed by the Department of Motor
28
Vehicles which is used for the collection of recyclable
C
I materials. A mobile recycling unit also means the bins,
I
2 boxes, or containers transported by trucks, vans, or i
3 trailers, and used for the collection of recyclable
4 materials.
5 E. Convenience Zone
6 An area within a one-half mile radius of a supermarket.
7 F. Supermarket
8 A full-service, self-service retail store with gross
a annual saleas of two million dollars ($2 ,000 ,000) or
10 more and which sells a line of dry grocery, canned
11 goods, or non-food items and some perishable items. i
12 19 .41 .030 PERMITS REQUIRED
1 3 No person shall permit the placement, construction or opera-
14 tion of any recycling facility without first obtaining a
15 permit pursuant to the provisions set forth in this Section.
16 Recycling facilities may be permitted as set forth in the
17 following table.
13 Tvve of Facility Zones Permitted permit Required
19 Reverse Vending All Commercial Administrative
20 Machine (s) All Industrial Review and Permit up
21 to 5 reverse vending
22 machines
23 Small Collection C-2, C-3 and Administrative
24 All Industrial (DRC)
25 Large Collection C-3 Commercial Conditional Use
26 Industrial Permit
27 Light Processing All Industrial Conditional Use
28 Permit (DRC)
7
Heavy Processing Light Industrial Conditional Use
Heavy Industrial Permit and Site
Development (DRC)
19 . 41 .040 CRITERIA AND STANDARDS
4 Those recycling facilities permitted with an administrative
5 permit shall meet all of the applicable criteria and stand-
s ards listed. Those recycling facilities permitted with a
7 conditional use permit or development review shall meet the
8 applicable criteria and standards provided that the Director
9 of Planning , Planning Commission, or City Council as the case
`° may be, may relax such standards or impose stricter standards
11 as an exercise of discretion upon a finding that such
12 modifications are reasonably necessary in order to implement
73 the general intent of this Section and the purposed of this
14 Title.
15 The criteria and standards for recycling facilities are as
16 follows:
17 A. Reverse Vending Machine (s)
18 Reverse vending machine (s) located within a commercial
19 structure do not require discretionary permits. Reverse
20 vending machines do not require additional parking
21 spaces for recycling customers and may be permitted in
22 all commercial and industrial zones with an administra-
23 tive review and provided that they comply with the
24 following standards:
25 1. Shall be established in conjunction with a
26 commercial use or community service facility which
27 is in compliance with the zoning , building , and
28 fire code of the City of San Bernardino.
8
1 2 . Shall be located within 30 feet of the entrance to
the commercial structure and shall not obstruct
pedestrian or vehicular circulation.
4 I 3 . Shall not occupy parking spaces required by the
5 primary use.
6 4 . Shall occupy no more than 50 square feet of floor
7 space per installation, including any protective
8 enclosure, and shall be no more than eight (8) feet
9 in height.
10 5 . Shall be constructed and maintained with durable
11 waterproof and rustproof material.
12 6 . Shall be clearly marked to identify the type of
13 material to be deposited , operating instructions ,
14 and the identity and phone number of the operator
15 or responsible person to call if the machine is
16 inoperative.
17 7 . Shall have a sign area of a maximum of four (4)
18 square feet per machine, exclusive of operating
19 instructions.
20 8. Shall be maintained in a clean, litter-free condi-
21 tion on a daily basis.
22 9 . Operating hours shall be at least the operating
23 hours of the host use.
24 10 . Shall be illuminated to insure comfortable and safe
25 operation if operating hours are between dusk and
26 dawn.
27 B. S�n_4ll Collection F�Lciljties
28
9
Small collection facilities may be sited in commercial
1
and industrial zones with Development Review procedures
provided they comply with the following conditions :
3
1. Shall be established in conjunction with an exist-
4
ing commercial use or community service facility ,
5
located within a convenience zone and which is in
6
compliance with the zoning , building and fire codes
7
of the City of San Bernardino.
8
2 . Shall be no longer than 500 square feet and occupy
9
no more than five (5) parking spaces not including
i0
space that will be periodically needed for removal
31
of materials or exchange of containers.
12
3 . Shall be set back at least ten (10) feet from any
13
street line and shall not obstruct pedestrian or
14
vehicular circulation.
15
4 . Shall accept only glass, metals , plastic
16
containers, papers and reusable items.
17
5. Shall use no power-driven processing equipment
18
except for reverse vending machines.
19
6 . Shall use containers that are constructed and
20
maintained with durable waterproof and rustproof
21
material, covered when site is not attended ,
22
secured from unauthorized entry or removal of
23
material, and shall be of a capacity sufficient to
24
accommodate materials collected and collection
25
schedule.
26
7 . Shall store al.l recyclable material in the mobile
27
unit vehicle and shall not leave materials outside
28
of unit when attendant is not present.
10
1 8. Shall be maintained free of litter and any other
2 I undesirable materials, and mobile facilities at
3 which truck or containers are removed at the end of
4 each collection day, shall be swept at the end of
5 each collection day.
'
6 9 . Shall not exceed noise levels of 60 dBA as measured
7 at the property line of residentially zoned or
8 occupied property , otherwise shall not exceed 70
9
dBA. �
I
10 10 . Attended facilities shall not be located within 100
i
11 feet of a property zoned or occupied for residen-
12 tial use.
13 11 . Collection containers, site fencing , and signage
14 shall be of such color and design so as to be
15 compatible with and to harmonize with the surround-
16 ing uses and neighborhood .
17 12 . Containers shall be clearly marked to identify the
18 type of material which may be deposited; the
19 facility shall be clearly marked to identify the
20 name and telephone number of the facility operator
21 and the hours of operation and display a notice
22 stating that no material shall be left outside the
23 recycling enclosure or containers.
24 13 . Signs may be provided as follows :
25 a. Recycling facilties may have identification
26 signs with a maximum of 20 percent per side or
27 16 square feet, whichever is smaller in
28 addition to informational signs required in
11
Section 4 .B. 12; in the case of a wheeled
1
facility , the side will be measured from the
2
bottom of the container to the top of the
container .
4
b. Signs must be consistent with the character of
5
the location.
b
C. Directional signs, bearing no advertising
7
message may be installed with the approval of
8
(Di ec oj__ of _Plannin ) if necessary to
9
facilitate traffic circulation or if the
6
facility is not visible from the public right-
11
of-way.
12
14 . The facility shall not impair the landscaping
13
required by local ordinances for any concurrent use
14
by this Title or any permit issued pursuant
15
thereto.
16
15 . No additional parking spaces will be required for
17
customers of a small collection facility located at
18
the established parking lot of a host use. One
19
space will be provided for the attendant if needed .
20
16 . Mobile recycling units shall have an area clearly
21
marked to prohibit other vehiclular parking during
22
hours when the mobile unit is scheduled to be
23
present.
24
17 . Occupation of parking spaces by the facility and by
25
the attendant may not reduce available parking
26
spaces below the minimum number required for the
27
primary host use unless all of the following
28
conditions exist:
12
I a. A parking study shows that existing parking
2 capacity is not already fully utilized during
I
3 the time the recycling facility will be on the
4 site; and
5 b. The permit will be reconsidered at the end of
6 18 months.
7 18. Small collection facilities shall not be 24-hour
8 operations.
19 . Small collection facilities may be subject to
10 standard enclosures as determined by the
11 Development Review Committee or Planning
12 Commission.
13 C. Large CQ1 ectti n Facili ie
14 A large collection facility is one that is larger than
15 500 square feet, or is on a separate property not
16 appurtenant to a host use , and which has a permanent
17 building . A large collection facility is permitted in
18 community commercial, general commercial, and commer-
i19 cial-manufacturing and industrial zones with a Condi-
20 tional Use Permit, provided the facility meets the
21 following standards:
22 1. Facility does not abut a property zoned or planned
23 for residential use .
24 2 . Facility will be screened from the public right-of-
25 way by operating in an enclosed building .
26 3 . Setbacks and landscape requirements shall be those
27 provided for the zoning district in which the
28 facility is located .
13
4 . All exterior storage of material shall be in sturdy
t
containers which are covered , secured , and
~ maintained in good condition. Outdoor storage
3
shall be screened by a six foot non-see-through
4
fence or wall . No storage , excluding truck
s
trailers shall be visible above the height of the
5
fencing . No outdoor storage shall be permitted in
7
the C-3 General Commercial zone, or the C-2
8
Community Commercial zone.
y
5. Site shall be maintained free of litter and any
i0
other undesirable materials, and will be cleaned of
11
loose debris on a daily basis.
12
6 . Space will be provided on site for six (6) vehicles
13
to circulate and to deposit recyclable materials.
14
7 . Four (4) parking spaces for employees plus one (1)
is
parking space for each commercial vehicle operated
16
by the recycling facility shall be provided for on
17
site.
18
8. Noise levels shall not exceed 60 dba as measured at
19
the property line of residentially zoned property
20
or otherwise shall not exceed 70 dBA.
21
9 . If the facility is located within 500 feet of the
22
property zoned , planned or occupied for residential
23
use, it shall not be in operation between 7 : 00 p.m.
24
and 7: 00 a.m. .
2s
10 . Any containers provided for after hours donation of
25
recyclable materials will be at least 50 feet from
27
any property zoned or occupied for residential use,
28
shall be permanently located and shall be of sturdy
14
1 rustproof construction, shall have sufficient
2 capacity to accommodate materials collected and
1 shall be secure from unauthorized entry or removal
4 of materials.
5 11 . Donation areas will be kept free of litter and any
6 other undesirable material and the containers will
7 be clearly marked to identify the type of material
i
8 that may be deposited ; facility shall display a '
i
notice stating that no material shall be left
i
10 outside the recycling containers.
i
11 12. Facility will be clearly marked with the name and
12 phone number of the facility operator and the hours
13 of operation; identification and informational
14 signs will meet the standards of the zone; and
15 directional signs bearing no advertising message
16 may be installed with the approval of the (Direc o
17 of Planning) if necessary to facilitiate traffic
is circulation.
19 D. Processing Facilities
20 Light processing facilities and large processors shall
21 be permitted in all industrial zones with a Conditional
22 Use Permit.
23 1. Facility does not abut a property zoned or planned
24 for residential uses .
25 2 . In a commercial or light industrial. zone,
26 processors will operate in a wholly enclosed
27 building .
28
15
3 . Power-driven processing shall be permitted provided
1
all noise level requirements are met. Light
processing facilities are limited to bailing ,
i
briquetting , crushing , compacting , grinding ,
4
shredding and sorting of source-separated
5
recyclable materials and repairing of reusable
6
materials.
7
4 . A light processing facililty shall be no larger
8
than 45,000 square feet and shall have no more than
9
an average of two (2) outbound truck shipments of
10
material per day and shall not shred compact , or
11
bale ferrous metals other than food and beverage
12
containers.
13
5. A processing facility may accept used motor oil for
14
recycling from the generator in accordance with
15
Section 25250 .11 of the California Health and
i6
Safety Code.
17
6 . Setbacks and landscaping requirements shall be
18
those provided for the zoning district in which the
19
facility is located .
20
7 . All exterior storage of material shall be in sturdy
21
containers or enclosures which are covered , secured
22
and maintained in good condition. Storage
23
containers for flammable material shall be con-
24
structed of nonflammable material . Oil storage
25
must be in containers approved by the (local _firje
26
and or health official) . No storage excluding
27
truck trailers shall be visible above the height of
28
the fencing .
16
Aoftl
1 I 8. Site shall be maintained free of litter and any
2 other undesirable materials, and shall be cleaned
3 of loose debris on a daily basis and shall be
4 secured from unauthorized entry and removal of
5 materials when attendants are not present.
6 9 . Space shall be provied on site for the anticipated
7 peak load of customers to circulate, park and
8 deposit recyclable materials. If the facility is
P open to the public, space will be provided for a
I
10 minimum of ten (10) customers . s
11 10 . One (1 parking space will be provided for each
) P 9
12 commercial vehicle operated by the processing
1; center .
14 11 . Noise levels shall not exceed 60 dba as measured at
15 the property line of residentially zoned or
16 occupied property , or otherwise shall not exceed 70
17 dba.
18 12 . If the facility is located within 500 feet of
19 property zoned or planned for residential use, it
20 shall not be in operation between 7: 00 p.m. and i
21 7 : 00 a.m. The facility will be administered by on
22 site personnel during the hours the facility is
23 open.
24 13 . Any containers provided for after-hours donation of
25 recyclable materials will be at least 100 feet from
26 any property zoned or occupied for residential use
27 shall be sturdy, rustproof construction; shall have
28 sufficient capacity to accommodate materials
17
collected and shall be secure from unauthorized
entry or removal of materials.
2
14 . Donation areas shall be kept free of litter and any
3
other undesirable material . The containers shall
4
be clearly marked to identify the type of material
5
that may be deposited . Facility shall display a
6
notice stating that no material shall be left
7
outside the recycling containers.
8
15 . Sign requirements shall be those provided for the
9
zoning district in which the facility is located .
10
In addition, facility shall be clearly marked with
11
the name and phone number of the facility operator
12
and the hours of operation.
13
16 . No dust, fumes, smoke, vibration or odor above
14
ambient level may be detectable on neighboring
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properties.
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2 I HEREBY CERTIFY that the foregoing ordinance was duly
3
adopted by the Mayor and Common Council of the City of San
4 Bernardino at a meeting thereof , held
5 on the day of ____,__, 1988, by the
6 following vote, to wit:
7 AYES : Council Members
NAYS: ---- ---------------------- I
i
1n ABSENT: —
City Clerk
,2
The foregoing ordinance is hereby approved this
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day of 1988.
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Mayor of the City of�San~Bernardino
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Approved as for form
18 and legal content:
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20 Ci Attorney
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Planning Department
City of San Bernardino
INITIAL STUDY
NEGATIVE DECLARATION
Amendment to Text No. 87-4
Convenience Zones
City Wide
December 18, 1987
Prepared by Sandra Paulsen
Planning Department
300 North "D" Street
San Bernardino, CA 92418
TABLE OF CONTENTS
Section Page
1.0 Introduction 1-1
2.0 Executive Summary 2-1
2.1 Project Impacts 2-1
3.0 Appendices 3-1
Appendix "A" - Environmental Impact 3-2
Checklist 3-3
Appendix "B" - Locations of Convenience
Zones as defined by
State Law
1.0 INTRODUCTION
This report is provided by the City of San Bernardino as an Initial Study for a
proposed Amendment to Text to permit recycling facilities.
As stated in Section 15063 of the State of California Environmental Quality Act
(CEQA) Guidelines, the purposes of an Initial Study are to:
1. Provide the Lead Agency with information to use as the basis for
deciding whether to prepare an EIR or Negative Declaration;
2. Enable an applicant or Lead Agency to modify a project, mitigating
adverse impacts before an EIR is prepared, thereby, enabling the pro-
ject to qualify for a Negative Declaration;
3. Assist the preparation of an EIR, if one is required by:
a. Focusing the EIR on the effects determined to be significant,
b. Identifying the effects determined not to be significant,
C. Explaining the reasons for determining that potentially signifi -
cant effects would not be significant.
4. Facilitate environmental assessment early in the design of a project;
5. Provide documentation of the factual basis for the finding in a Nega-
tive Declaration that a project will not have a significant effect on
the environment;
6. Eliminate unnecessary EIRs;
7. Determine whether a previously prepared EIR could be used with the
project.
Initial Study - Amendment to Text No. 87-4
December 18, 1987
2.0 EXECUTIVE SUMMARY
The text amendment is proposed to facilitate enactment of State Law AB 2020
which relates to the establishment of convenience zones for recycling facili -
ties.
Definitions will be added to Chapter 19.04 of San Bernardino Municipal Code,
permitted uses in the C-1, C-2 and M-1 zones will be modified to permit various
types of recycling facilities appropriate to the zones and;
Chapter 19.41, Convenience Zones, will be added to the San Bernardino Municipal
Code.
2.1 Project Impacts
The text amendment itself will have no environmental impacts. Subsequent pro-
jects could have impacts. Mitigation is to evaluate each recycling proposal on
a project by project basis and impose necessary measures at that time.
2-1
Initial Study - Amendment to Text No. 87-4
December 18, 1987
3.0 APPENDICES
Appendix "A" - Environmental Impact Checklist
Appendix "B" - Locations of Convenience Zones
as defined by State Law
/kdm
12-22-87
KSR AT87-4P1-5
-t
APPENDIX "A"
CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
A. BACKGROUND
Application Number • Amendment to Text No. 87-4
Project Dese r ipt ion. To add Chapter 19.4 1, Convenience Zones to Title 19
San Bernardino Municipal Code and amend Chapters 19.04, definitions, 19.24,
19.26 and 19.36 permitted uses to set nroceedures for establishing regyc_
facilities.
Locat ion : City Wide
Redevelopment Area, Enterprise Zone or other Special District : —
City Wide _
General Plan Designation: City Wide
Zoning Designation: C-2, C-3, C-3A, C-M, M-1, M-1A, M-2
B. ENVIRONMENTAL IMPACTS Explain answers , where appropriate, on a
separate attached sheet .
1 . Earth--Resources Will the proposal result in :
Yes No Maybe
a . Earth movement (cut and/or
fill) of 10 , 000 cubic yards or
more? X
b. Development and/or grading on
a slope greater than 15%
natural grade? _ X
c . Development within the
Alquist-Priolo Special Studies
Zone? X
d . Modification of any unique
geologic or physical feature? X
[3r.V1(`C1l In1a7 Dort t nc 0
Yes No Maybe
e. Soil erosion on or off the
project site? X
f . Modification of a channel ,
creek or river? X
g. Development within an area
subject
to landslides, mudslides,
liquefaction or other similar
• hazards? X
h. Other? X
2 . AI_R RESOURCES: Will the proposal
result in :
a. Substantial air emissions or
an effect upon ambient air
quality? X
b. The creation of objectionable
odors? X
c . Development within a high wind X
hazard area?
3 . WATER--- RESOURCES: Will the
proposal result in?
a. Changes in absorption rates ,
drainage patterns, or the rate
and amount of surface runoff X
due to impermeable surfaces?
b. Changes in the course or flow
of flood waters? X
c . Discharge into surface waters
or any alteration of surface
water quality? X
d . Change in the quantity or X
quality of ground waters?
e. Exposure of people or property
to flood hazards? X
f . Other? X _J
RFViSFn 10ia7 PA(V 9 OF R
1
Yes No Maybe
4 . BIOLOGICAL RESOURCES: Could the
proposal result in:
a. Change in the number of any
unique, rare or endangered
species of plants or their
habitat including stands of X
trees?
b. Change in the number of any
unique, rare or endangered
species of animals or their X
habitat?
c. Other? X
5 . NOISE: Could the proposal result
in:
a. Increases in existing noise X
levels?
b. Exposure of people to exterior
noise levels over 65 dB or
interior noise levels over 45 X
dB?
X
c . Other?
6 . LAND USE: Will the proposal
result
1:n
a . A change in the land use as
designated on the General X
Plan?
b. Development within an Airport X
District?
C . Development within "Greenbelt" X
Zone A,B, or C?
d . Development within a high fire X
hazard zone?
e . Other? X
REVISED 10/87 PAGE 3 OF 8
Yes No Maybe
7 . MAN-MADE _ HAZARDS: Will the
project:
a. Use, store, transport or
dispose of hazardous or toxic
materials (including but not
limited to oil , pesticides,
chemicals or radiation) ? X
b. Involve the release of
hazardous substances? X
C . Expose people to the potential
health/safety hazards? X
d. Other? X
8 . HOUSING: Will the proposal :
a. Remove existing housing or
create a demand for additional X
housing?
b. Other? X
9 . TRANSPORTATION/CIRCULATION: Could
the proposal result in:
a . An increase in traffic that is
greater than the land use
designated on the General X
Plan?
b . Use of existing, or demand for
new, parking facilities/ X
structures?
C . Impact upon existing public X
transportation systems?
d. Alteration of present patterns X
of circulation?
e. Impact to rail or air traffic? x
f . Increased safety hazards to
vehicles, bicyclists or
pedestrians? x —J
REVISED 10187 PAGE 4 OF 8
Yes No Maybe
g . A disjointed pattern of
roadway improvements? X
h. Other? X
10 . PUBLIC_SERVICES Will the proposal
impact the following beyond the
capability to provide adequate
levels of service?
a. Fire protection? X
b. Police protection? X
C . Schools (i .e. attendance,
boundaries, overload, etc . ) ? X
d . Parks or other recreational
facilities? X
e. Medical aid? X
f. Solid waste? X
g. Other? X
11 . UTILITIES: Will the proposal :
a. Impact the following beyond
the capability to provide
adequate levels of service or
require the construction of
new facilities?
1 . Natural gas? X
2. Electricity? x
3 . Water? X
4 . Sewer? X
5 . Other? X
b. Result in a disjointed
pattern of utility
extensions? X
C . Require the construction of
new facilities? x
PAMz C, OP A
12 . AESTHETICS• Yes No Maybe
a. Could the proposal result in
the obstruction of any scenic
view? x
b. Will the visual impact of the
project be detrimental to the
surrounding area? X
c . Other? x
13 . CULTURAL_RESOURCES: Could the
proposal result in:
a. The alteration or destruction
of a prehistoric or historic
archaeological site? X
b . Adverse physical or aesthetic
impacts to a prehistoric or
historic site, structure or
object? X
c . Other? x
14 . Mandatory Findings of Significance
(Section 15065)
The California Environmental
Quality Act states that if any of
the following can be answered yes
or maybe, the project may have a
significant effect on the
environment and an Environmental
Impact Report shall be prepared.
a . Does the project have the
potential to degrade the
quality of the environment ,
substantially reduce the
habitat of a fish or wildlife
species, cause a fish or
wildlife population to drop
below self sustaining levels,
threaten to eliminate a plant
or animal community. , reduce
the number or restrict the
range of a rare or endangered
plant or animal or eliminate
Yes No Maybe
important examples of the
major periods of California
history or prehistory? X
b. Does the project have the
potential to achieve short
term, to the disadvantage of
long-term, environmental
goals? (A short-term impact
on the environment is one
which occurs in a relatively
brief, definitive period of
time while long-term impacts
will endure well into the
future. ) �._ X
c . Does the project have impacts
which are individually
limited, but cumulatively
considerable? (A project may
impact on two or more separate
resources where the impact on
each resource is relatively
small , but where the effect of
the total of those impacts on
the environment is
significant . ) X
d. Does the project have
environmental effects which
will cause substantial adverse
effects on human beings,
either directly or indirectly? _ X
C . DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES
(Attach sheets as necessary. )
Subsequent projects may have impacts, the changes to the wording of the
zonin.2 ordinance in themselves will have no environmental impacts.
D. DETERMINATION
On the basis of this initial evaluation,
�j The proposed project COULD NOT have a significant effect on the
environment and a NEGATIVE DECLARATION will be prepared .
The proposed project could have a significant effect on the
environment, although there will . not be a significant effect in
this case because the mitigation measures described above have
been added to the project . A NEGATIVE DECLARATION will be
prepared .
❑ The proposed project MAY have a significant effect on the
environment , and an ENVIRONMENTAL IMPACT REPORT is required .
ENVIRONMENTAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CALIFORNIA
7,fZETlaey �/Vi,�p�/MbV?AZ iQEdi GOMM/va
Name and Title
Y&4� 0 G
Signature
Date:
APPENDIX "BI'
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UPDATE-AUGUST 1982
3-3
RECYCLE
CENTERS
January 21 , 1988
Ms. Sandra Paulsen
Associate Planner
Room 331-E, City Hall
300 N. "D" Street
San Bernardino, CA 92418
Dear Sandra:
Attached is a listing of concerns and feedback
compiled in review of the draft ordinance which set
out the conditions and procedures for permitting
recycling facilities in the City of San Bernardino.
I trust that these will be incorporated into the
package that the council will receive as they review
this subject matter.
Please expect my call next week so that I may
ask of the status of this ordinance. I would also
like to thank you for being given the opportunity to
submit industry input.
Sincerely,
Boudewijn P. Hanrath
BPHfbjs
attachment :
January 21 , 1988
Councilmembers :
Below is a listing of items and feedback concerning
the draft ordinance which will serve as the
guidelines for the City of San Bernardino as to the
permitting of recycling facilities :
1. Page 8, item 11 , states that "Collection
containers , site fencing , and signage shall be
of such color and design so as to be compatible
with and to harmonize with the surrounding uses
and neighbors. " INPUT: Such a requirement
would place quite a burden on the industry in
that our containers are pre-constructed with the
colors pre-determined. To change each site to
comply each shopping center ' s design would
be impossible. It would also negate the
opportunity to change the site should
unforeseen reasons arise which require moving
the redemption center. Industry representatives
and plannning department members can readily
work together so as to determine site locations
that minimize visual impact. At the same time,
the intent of AB2020 is still carried out , which
is to implement convenient recycling .
2. Page 8 , item 13 , states "Recycling facilities
may have identification signs with a maximum of
20o per side or 16 square feet , whichever is
smaller. . . " INPUT: Those recycling centers
which are very efficient in their utilization of
space may well end up with a sign that is
virtually impossible to read from any distance
more that 10 feet . Our signage is to identify
the redemption center location for the
convenience of those in the grocer ' s parking
lot.
3 . Page 9 , item 19 , "Small collection facilities
may be subject to standard enclosures as
determined by the Development Review Committee
or Planning Commission. " INPUT: Such major
property change requirements would require
landlord/property owner ' s approval which is not
only difficult to secure, it also certainly does
not come quickly. Permanent enclosures encumber
the property owner' s rights. As for shopping
centers with tight parking conditions ,
it would consume even more valuable parking
space.
-2-
In closing , the general consensus is to maintain or
improve the existing aesthetics. Through mutual
cooperation this can be achieved without requiring
substantial capital improvements . Capital
improvements which may in themselves become aesthetic
problems considering the political nature of AB2020
and its potential to disappear as quickly as it
appeared!
Sincerely,
Boudewijn P. Hanrath
BPH/bjs
t***,Reynolds
luminum
Recycling pays
January 20, 1988
City of San Bernardino
Vs. Sandra Paulsen
Planning Department
300 North "D" Street
San Bernardino, CA 92418
Dear Sandy,'
Thank you for speaking with me on the telephone Wednesday. This letter is
to review the items we discussed. The proposed recycling ordinance draft
is very workable and flexible in almost every respect . The permit process
required for the small collection facilities is acceptable and simple.
However, many cities have found it effective and less time consuming tc
give administrative approval without a design review committee unless a
deadlock is reached between the staff and the applicant.. In addition, a
first year review process is put in place to allow the city to check on
complaints and/or, impact to the surrounding area.
With regards to the signage requirement, we would recommend the state's
model ordinance requirement of 20 percent per side or, 16 square feet
whichever is larger. This is important to us because our trailers are
painted with our registered trademark. This emblem exceeds 16 square feet,
but is well within the allowable 20 percent. Additionally, small facil-
ities such as igloos and reverse vending machines would be restricted to
very small signage under your current verbage. We will have no signs that
are not affixed to the trailer. To repaint trailers specifically for one
city is extremely cost prohibitive. Mitigation of visual impact can be
achieved by placing the facility so as to take advantage of existing
screening and landscaping.
For the same reasons, we would also request that the section requiring
colors of the container- be compatible with existing surrounding uses be
changed to exempt mobile or wheeled facilities. Our colors have been in
use for 20 years to build recognizability and promote recycling inceneral .
For our locations to be different colors would not only be much too costly,
but would make it difficult for consumers to recognize the facilities in
different areas.
REYNOLDS ALUMINUM RECYCLING COMPANY
9910 - 6TH STREET - RANCHO CUCAMONGA, CALIFORNIA 91730 - 714/980-1203
January 19, 1988
Page 2
Finally, we would request that the use of enclosures be limited to
permanent facilities under 200 square feet. This is because the obtrusive
nature of a larger facility tends to become greater when enclosed by a
forty foot wall or fence. We have found using existing landscaping softens
the appearance much more effectively.
I appreciate your requesting input frorn the industry. This will save us
all many future problems. It will also enable the City of San Eernardino
to provide its citizens with a convenient, viable recycling program. If
you have any questions please call me at (714) 9EC-1203.
Sjncerely,
R Y OLDS AU NUMB RECYCLING COMPANY
1 r
Ste p heh P.IAlmieri
Area Marketing Representative
SPA/nha