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HomeMy WebLinkAbout95-2 - Establishing Regulations and Guidelines Relating to Areas for Collecting and Loading Recyclable Materials in Development ProjectsORDINANCE NO. 95- 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ESTABLISHING REGULATIONS AND GUIDELINES RELATING TO AREAS FOR • COLLECTING AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS. Section 1: The City Council of the City of Newport Beach finds and determines as follows: A. State Assembly Bill 939 (California Integrated Waste Management Act of 1989) requires cities and counties to divert 25 percent of all solid waste by 1995 and 50 percent by 2000, through source reduction, recycling, and composting activities. B. The California State Legislature has declared that the amount of solid • waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement aggressive new integrated waste management programs. C. The California State Legislature mandated that cities submit to their respective counties, on or before July 1, 1991, a Source Reduction and Recycling Element (SRRE) to include a program for the management of solid waste generated within the City pursuant to Assembly Bill 939. D. On January 13, 1992, the City Council adopted the City of Newport Beach Source Reduction and Recycling Element (SRRE). As part of the City of • Newport Beach recycling program, all waste collected by City crews is delivered to a Material Recovery Facility (MRF) for the recovery of recyclable materials. Solid waste collected by a majority of private waste haulers is also processed for recycling at one of Orange County's five operating MRF's. E. In an effort to assist local jurisdictions in promoting recycling and meeting the goals of Assembly Bill 939, the California State Legislature adopted the California Solid Waste Reuse and Recycling Act of 1991, (the "Act "), Public Resources Code Section 42900, et seq. which directed the California Integrated Waste Management Board to adopt a model • ordinance and required local agencies to adopt their own ordinance relating to adequate areas for collecting and loading recyclable materials in certain development projects. F. Public Resources Code Section 42911 (b) states that if by September 1, 1994, a local agency has not adopted an ordinance for collecting and loading recyclable materials in development projects, the model ordinance adopted by the California Integrated Waste Management Board shall take effect on that date. G. Material Recovery Facilities (MRF's) allow solid waste haulers to use the facility to dispose of solid waste collected from a single bin or container. • Both non - recyclable and recyclable materials may be collected from a single container and transferred to an MRF where recyclable materials are manually and mechanically separated for recycling. The single bin or container requires less area for collecting and loading recyclable materials. H. The City of Newport Beach Refuse Division, as well as the majority of private waste haulers doing business within the City, utilize MRF's for disposal of solid waste. I. The City Council of the City of Newport Beach believes that those developments which choose to utilize MRF's for disposal of mixed solid • waste generated by the development have provided adequate recyclable collection areas as required by the Act. J. The City of Newport Beach has prepared an ordinance to reflect the fact that developments which utilize MRF's and other facilities which separate commingled solid waste and recyclables will require areas for a single bin or container and have provided the required adequate area for recycling and loading recyclable materials. K. In accordance with the provisions of the California Environmental Quality Act (CEQA), this project has been determined to be Categorically Exempt (Class 3 and 11). Section 2: The City Council of City of Newport Beach does hereby ordain that Chapter 20.67 is hereby added to the Newport Beach Municipal Code to read as follows: Collection and Loadina of Recvclable Materials. 20.67.010, Purpose. 20.67.020. Definitions. 20.67.030. Applicability. • 20.67.040. Requirements. 20.67.010. Purpose. The purpose of this subsection is to establish a comprehensive set of regulations and guidelines regarding the requirement for specific areas for collecting and loading recyclable materials in certain developments in the City of Newport Beach. 20.67.020. Definitions. • For the purposes of this Subsection, the following words shall have the following meanings: A. "Development Project" means any of the following: 1. A project for which a building permit is required for a new commercial, industrial or institutional building, marina, or residential building having five or more living units where solid waste is collected and loaded, or any residential project where solid waste is collected and loaded in a location serving five or • more living units. 2. Any new public facility where solid waste is collected and loaded and any improvements to that part of a public facility used for collecting and loading solid waste. 3. Any alteration or alterations to an existing commercial, industrial, or residential building, marina, or public facility project where the existing floor area is expanded by fifty (50) percent or more. B. 'Improvement" means a physical change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses, excluding repairs, which do not substantially extend the life of the facility. • C. "Floor area of a marina" means the space dedicated to the docking or mooring of marine vessels. D. 'Public Facility" means any building, structure, or outdoor recreation area owned by a local agency. E. 'Recycling Area (Areas for Recycling)" means any space allocated for collecting and loading of recyclable materials, which is accessible and convenient for those who deposit as well as those who collect and load recyclable materials. • 20.67.030. Applicability. A. All development projects for which a building permit is issued on or after March 1, 1995, shall be required to provide adequate, accessible, and convenient recycling areas for collecting and loading recyclable materials. B. For purposes of this Chapter, recycling areas for collection and recycling of commingled recyclable and non - recyclable materials which are transported to a mixed waste processing and material recovery facility are deemed to be adequate, accessible, and convenient. • 20.67.040 Requirements. The following requirements shall be used in evaluating all recycling areas required by this subsection: 1. An adequate number and capacity of bins or containers to allow for the collection and loading of recyclable materials generated by the development shall be located within the recycling areas of development projects. Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located. Where solid waste is collected and loaded in a location serving five or more residential • living units, recycling areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area. 2. The design and construction of recycling areas shall be compatible with surrounding land uses, structures, topography and vegetation. Developments and public right of way adjacent to recycling areas should be adequately protected against any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping. 3. Recycling areas shall be enclosed by a masonry wall with access gates which effectively obscures the contents placed within the enclosure. • 4. Recycling areas shall be secured to prevent the theft of recyclable materials while allowing authorized persons access for disposal of materials. 5. Recycling areas or the bins or containers placed therein shall provide protection against adverse environmental conditions which might render the collected materials unmarketable. 6. Driveways or travel aisle shall be unobstructed and provide access for any solid waste hauler's collection vehicles and shall provide minimum clearance for vehicles utilized by the solid waste haulers. • 7. The design and construction of recycling areas shall meet all applicable zoning setback requirements and shall not be located in any area required to be constructed or maintained unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety. B. Any recycling areas shall be located to be convenient to persons who deposit, collect, and load the recyclable materials. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to, or developed in conjunction with, the solid waste collection areas. 9. A sign clearly identifying all recycling and solid waste collection and • loading areas and the materials accepted therein should be posted adjacent to all points of direct access to the recycling area. 10. All areas for loading and collecting recyclable materials are subject to review by the Planning and /or Building Departments. Section 3: Severability. All provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of the Ordinance. • Section 4: That if any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City shall cause the same to be published once in the official newspaper of the City and it shall be effective thirty (30) days after • its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the th day of January , 1995, and adopted on the 23rd day of January , 1995, by the following vote, to- wit: AYES, COUNCILMEMBERS EDWARDS, WATT, DEBAY, HEDGES, COX. GLOVER. O'NEIL NOES, COUNCILMEMBERS • NONE ABSENT COUNCILMEMBERS NONE MAYOR PRO T94