Loading...
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 15 properties. 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 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 13 day of 1988. 14 15 Mayor of the City of�San~Bernardino - 16 17 Approved as for form 18 and legal content: 19 / 20 Ci Attorney 21 22 23 i 24 25 26 27 28 19 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' CITY OF SAN BERHARDIN® C®N V ENEECE Z® ES t r'1 t _ 1 4asro� . i a i I 4 RTN I o 1 PARK ¢ BCYq ` t""'sr. L--- 9 -5-; r-i x �. Fit. DIP 1 4 IL , W LI `— �ll i r—�-- 0 1/2 ImiN W N ti 401h IL qC!h L------- I } PAR' OR i� 1 ti e� 1 I ARSHALL � 1 r CROSSTOWN— r — ' W L 1 ` — ;C I t j �.. HIGHLAND i Z AVE. 4�___HIGHLANR'—' +r,� � AVE `J - 1 7PACIFIC. I ST. 1 cr BASELINE 1 AVE. _� �--rt- _ BASELINE AVE. CL r FOOTHILLI BLVD. —� __- a --i t T Q r- AVE. 3 MILL i a ST < -i °J MILL SL rte' J > ' N r� ir 1 1 _ J TO LOS LOS ANGELES $ N FRNAROINO FRWY.A/r � r— BERNAROINO FRWY. 1 kEOIANOS BLV0. 5 1 L.' 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