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HomeMy WebLinkAboutItem 5.4 Zoning Ordinance Amend Newspaper Recylcing AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 10, 1984 SUBJECT: PUBLIC HEARING PA 84-044 Zoning Ordinance Amendment Regarding Newspaper Recycling Bins EXHIBITS ATTACHED: 1 - Resolution approving Zoning Ordinance Amendment Regarding Newspaper Recycling Bins 2 - Ordinance Amending Zoning Ordinance Regarding Newspaper Recycling Bins 3 - Revised Planning Commission Staff Report with adopted Resolution 4 - Planning Commission minutes of August 20 , 1984 RECOMMENDATION: 1 - Open public hearing and hear Staff presentation 2 - Take testimony from public 3 - Question Staff and public 4 - Close public hearing and deliberate 5 - Adopt Resolution regarding Newspaper Recycling Bins 6 - waive reading and introduce Ordinance Amending Zoning Ordinance regarding Newspaper Recycling Bins FINANCIAL STATEMENT: None DESCRIPTION: The proposed Zoning Ordinance Amendment allows non-profit Community groups to apply for an Administrative Conditional Use Permit (ACUP ) for one newspaper recycling bin. For other types of recycling bins, multiple bins , or bins not operated by a non-profit Community group, a Conditional Use Permit (CUP) would continue to be required. On July 9 , 1984 , the City Council direct Staff to draft a Zoning Ordinance Amendment to address newspaper recycling bins operated by non-profit Community groups . On August 20, 1984 , the Planning Commission reviewed a revised Staff Report. T-he Planning ----------------------------------------------------------------- ITEM NO. • COPIES TO: Troop 595 Dublin High School Romley' s Handyman Commission recommended adoption of the Zoning Ordinance Amendment . The Planning Commission found that the amendment would: 1) Define the parameters and processing procedures 2 ) Allow newspaper recycling bins for non-profit groups 3 ) Require a ACUP or CUP for recycling bins so that potential problems can be minimized or eliminated 4 ) Allow non-profit groups an opportunity to earn additional funds and allow the public an opportunity to conserve natural resources Additional explanation of the proposed zoning ordinance amendment is contained in the revised Planning Commission Staff Report (attached) . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING PA 84-044, ZONING ORDINANCE AMENDMENT REGARDING NEWSPAPER RECYCLING BINS WHEREAS, a need has arisen to clearly define the parameters and processing procedures relative to newspaper . recycling bins ; and WHEREAS, the City Council has directed Staff to draft a Zoning Ordinance Amendment regarding newspaper recycling bins operated by non-profit community groups ; and WHEREAS, the Planning Department has drafted an ordinance which defines said parameters and processing procedures ; and WHEREAS, the Planning Commission considered said draft Ordinance at a public hearing on 8/20/84 and recommended approval; and WHEREAS, the City Council did hold a public hearing on said draft ordinance on September 10 , 1984 ; and WHEREAS, notice of said hearing was provided in all respects as required by law; and WHEREAS, said draft Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending that said draft Ordinance be approved and adopted; and WHEREAS, the City Council did hear and consider all said reports, recommendations , and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that : 1) The draft ordinance defines the parameters and processing procedures relative to newspaper recycling bins ; 2 ) The draft ordinance will allow newspaper recycling bins for non-profit groups ; 3 ) The draft ordinance will require an Administrative Conditional Use Permit or Conditional Use Permit prior to placing a recycling bin on a lot so that potential problems including but not limited to location, parking, landscaping, operation, and maintenance can be minimized or eliminated altogether; and T--�A- DP 83-20 4 ) The draft ordinance will allow non-profit groups an opportunity to earn additional funds and allow the public an opportunity to conserve natural resources and recycle newspapers that would otherwise be discarded. BE IT FURTHER RESOLVED that the City Council does hereby approve the draft Ordinance' regarding newspaper recycling bins . PASSED, APPROVED AND ADOPTED this th day of 1984 AYES : NOES : ABSENT: Mayor ATTEST: City Clerk DP 83-20 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE REGARDING NEWSPAPER RECYCLING BINS The City Council of the City of Dublin does ordain as follows : Section 1 Purpose The purpose of this ordinance is to define the parameters and processing procedures relative to newspaper recycling bins . It is the further purpose of this ordinance to: 1) Allow newspaper recycling bins for non-profit groups ; 2 ) Require an Administrative Conditional Use Permit or Conditional Use Permit prior to situating a newspaper recycling bin on a lot so that potential problems including, but not limited to location, parking, landscaping, operation, and maintenance can be minimized or eliminated altogether; and 3 ) Allow non-profit groups an opportunity to earn additional funds and allow the public an opportunity to conserve natural resources and recycle newspapers that would otherwise be discarded. Section 2 Definitions Section 8-22 . 5A of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended to read: "Recycling Center means a facility that collects, sorts, and temporarily stores glass, metals and other reusable materials . The term Recycling center does not include any processing activity, nor does the term Recycling Center include a single recycling bin permitted as an Administrative conditional use . " Section 3 Zoning Ordinance Amendments Section 8-60 . 60 . 1 of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended by adding the folowing wording: "A single newspaper recycling bin for up to one year, sponsored by a bona fide church, school, neighborhood group or local non-profit, non- restrictive Civic or service organization, as an accessory use to a lawfully existing principal use . " Section 8-61 . 0 of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended by adding the following wording: "Recycling Center" Section 4 This Ordinance shall become effective 30 days after its final passage and adoption by the City Council . Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in the Tri- Valley Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this th day of 1984 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date : August 20, 1984 TO: Planning Commission FROM: Planning Staff —0 4 SUBJECT: PA 84-044 , Zoning Ordinance Amendment Regarding Newspaper Recycling Bins GENERAL INFORMATION PROJECT: A Zoning Ordinance Amendment establishing procedures and regulations relating to newspaper recycling bins . APPLICANT & REPRESENTATIVE: City of Dublin 6500 Dublin Boulevard Suite D Dublin, California 94568 LOCATION: The Zoning Ordinance Amendment would affect all Zoning Districts within the City. APPLICABLE REGULATIONS: 8-22 . 5A (Definition) Recycling Center means a facility that collects, sorts, and temporarily stores glass, metals, and other reusable materials . The term does not include any processing activity. . 8-20 . 3 ACCESSORY USE. Accessory Use means a Use which is appropriate, subordinante, incidental and customarily or necessarily related to a lawfully existing Principal Use on the same Lot or Building Site and does not alter the essential characteristics of such Principal Use as a whole and as related to other Uses permitted in the same District. 8-48 .2 (q) States that recycling centers, when operated in conjunction with a permitted use on the same premises, is a conditional use in a C-1 .District. ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the August 20, 1984, hearing -was published in the Tri-Valley Herald, and posted in public buildings ANALYSIS • In recent months the City has received several requests from both commercial and non-profit groups to situate newspaper recycling bins in various locations throughout the City. On July 9, 1984 , the City Council directed Staff to draft a Zoning Ordinance Amendment to address newspaper recycling bins . The Alameda County Zoning Ordinance previously adopted by the City of Dublin is not clear with respect to procedures and regulations for allowing newspaper recycling bins . The intent of the draft ordinance is to clearly define the parameters and processing procedures relative to such bins . A single newspaper recycling bin appears to be a relatively minor issue that does not need any control or regulation. In practice, however, recycling bins have the potential to ----------------------------------------------------------------- i73- ITEM N0. -7. TTA " 1701 - be situated in required parking or landscape areas , to accumulate an excessive amount of litter, trash, broken glass , debris , to generate excessive noise, and to become generally unsightly, particularly when located in the parking lots of retail commercial centers . In an attempt to minimize these problems , Staff is recommending that an Administrative Conditional Use Permit be processed for single newspaper recycling bins for non-profit groups . Under this approach, conditions can be placed on the approval to ensure that the newspaper recycling bins do not take up required parking or landscaping, are appropriately located are operated with a minimum of noise , and are maintained in a neat and clean manner. This approach also eliminates the need for a formal public hearing and the filing of a Conditional Use Permit application. For those non-profit groups that propose to have two or more newspaper recycling bins , Staff is recommending that a Conditional Use Permit be processed. Under this approach the appropriate conditions can also be placed upon the approval and, furthermore, will allow the adjacent commercial tenants and residents an opportunity to speak on the proposal at a noticed public hearing. In order to implement the points noted above, the following ordinance amendments are necessary: 1 ) Section 8-22 . 5A Recycling Center needs to be amended to read: "Recvlcing Center means a facility that collects , sorts, and temporarily stores glass , metals and other reusable materials . 1��CYcUN6 Gf,)Q 7ER The term does not include any processing activity, nor does the ter: i nclude a single newspaper recycling bin permitted' as an Administrative Conditional Use . " STAFF COMMENT: This amendment would exclude a single newspaper recycling bin from being classified as a recycling center. 2 ) Section 8-60 . 60 . 1 Temporary Uses , Administrative Conditional Uses needs to be amended by adding the following wording : ) 8Y A BBNA "A sin le newspaper recvclin bin for u to one NFi C���x pD�OVP year as an accessory use • to a lawfully existing ORt � PJ_ftAT, Principal Use . " r,00-FESTP401VE CIVLC Op- 5EWcE o wizf4- _00rQ1 STAFF COMMENT: This amendment will allow newspaper recycling bins to be considered as an accessory use and would subject them to an Administrative Conditional Use Permit. 3 ) Section 8-61 . 0 Conditional Uses All Districts, needs to be amended by adding the following wording: "Recycling Center" . STAFF COMMENT: This amendment' will allow the City to- consider approving a recycling center in all Zoning Districts . It should be noted that while recycling centers are commonly associated with M-1 Industrial Districts a school or church in an R-1, Single Family District may be appropriate for a well maintained recycling center . RECOMMENDATION FORMAT: 1 ) Open public hearing and hear staff presentation -2- 2 ) Take testimony the public 3 ) Question staff and the public 4 ) Close public hearing and deliberate 5 ) Adopt Resolution regarding newspaper recycling bins or continue hearing ACTION : Staff recommends that the Planning Commission adopt the attached Resolution (Exhibit "A" ) which recommends that the City Council adopt the draft ordinance (Exhibit "B" ) relating to newspaper recycling bins . ATTACHMENTS Exhibit "A" - Draft Resolution Exhibit "B" - Draft Ordinance Attachment 1 - Applicable portion of 7/9/84 City Council Minutes COPIES. TO B . I .D . File -3- RESOLUTION NO. 84-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ RECOMMENDING THAT PA 84-044, AN ORDINANCE RELATING TO NEWSPAPER RECYCLING BINS BE APPROVED WHEREAS, a need has arisen to clearly define the parameters and processing procedures relative to newspaper recycling bins ; and WHEREAS, the Planning Department has drafted an ordinance which defines said parameters and processing procedures ; and WHEREAS, the Planning Commission considered said draft Ordinance at a public hearing on 8/20/84 ; and WHEREAS, notice of said hearing was provided in all respects as required by law; and WHEREAS, said draft Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending that said draft Ordinance be given a favorable recommendation; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that : 1) The draft ordinance defines the parameters and processing procedures relative to newspaper recycling bins ; 2 ) The draft ordinance will allow newspaper recycling bins for non-profit groups ; 3 ) The draft ordinance will require an Administrative Conditional Use Permit or Conditional Use Permit prior to placing a recycling bin on a lot so that potential problems including but not limited to location, parking, landscaping, operation, and maintenance can be minimized or eliminated altogether; and 4 ) The draft ordinance will allow non-profit groups an opportunity to earn additional funds and allow the public an opportunity to conserve natural resources and recycle newspapers that would otherwise be discarded. DP 83-20 BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the draft Ordinance relating to newspaper recycling bins be approved. PASSED, APPROVED AND ADOPTED this 20th day of August, 1984 . AYES: Chairman Alexander, Commissioners, Barnes, Mack, Petty and Raley NOES : None ABSENT: None P1 nning Commission Chairman ATT"Director EXHIBIT "B" ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO NEWSPAPER RECYCLING BINS The City Council of the City of Dublin does ordain as follows : Section 1 Purpose The purpose of this ordinance is to define the parameters and processing procedures relative to newspaper recycling bins . It is the further purpose of this ordinance to: 1 ) Allow newspaper recycling bins for swami• non-prof it groups ; 2 ) Require an Administrative Conditional Use Permit or Conditional Use Permit prior to situating a newspaper, recycling bin on a lot so that potential problems including, but not limited to location, ■�. T9 parking, landscaping, operation, and maintenance can be minimized or eliminated altogether; and 3 ) Allow non-profit groups an opportunity to earn additional funds and allow the public an opportunity to conserve natural resources and recycle newspapers that would otherwise be discarded. Section 2 Definitions Section 8-22 . 5A of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended to read: "Recycling Center means a facility that collects, sorts , and temporarily stores glass, metals and other reusable materials . The term does noa�L(NG include any processing activity, nor does the term Zt include a single recycling bin permitted as an AVNi1NIS'TRAMVF_ conditional use . " Section 3 Zoning Ordinance Amendments Section 8-60 . 60 . 1 of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended by adding the folowing wording: �Po n1So RED �Y A BONA ��� � � { CSC. c)L "A single newspaper recycling bin for up to one �J£Ibf4oW�Op 6Roop OR yea as an accessory use to a lawfully existing LOW- NoN-PRoFA'T/ NOW principal use . " �ST(�1G?(�E GlV1� DR 5 pR Mo�)Section 8-61 . 0, of Chapter 2 of Title 8 of the Dublin Zoning Ordinance is amended by adding the following wording : "Recycling Center" Section 4 This Ordinance shall become effective 30 days after its final passage and adoption by the City Council . Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in the Tri- Valley Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this th day of 1984 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk Newspaper Recvclin4 Bins ubject Cm. Vonheeder indicated she had received many ofltpeononCprofitnorganizations . and had great concern with the fact She indicated she would like to see the depend on this source for funding . Ordinance amended so that it exempts community based non-profit groups . Staff indicated it would prepare a draft amendment and bring it back to the Council in the future as an agendized item. ACTEB Cm. Moffatt reported that ACTEB and the City of Berkeley have resolved their differences , and the City would soon be receiving a new JPa. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9 : 00 p.m. Maio r ATTEST: I � C" City Cl_rk C:1-3-148 Regular Meeting July 9 , 1994 SUBJECT: PA 84-044 , Zoning Ordinance Amendment regarding Newspaper Recycling Bins Mr . Tong presented the Staff report which was a zoning ordinance amendment establishing procedures and regulations relating to newspaper recycling bins . Mr . Tong noted that the Council had previously directed Staff to draft such an ordinance to clarify the regulations and procedures related to newspaper recycling bins . Mr . Tong amended the Staff report and ordinance during the presentation to clearly specify that the amendment would relate directly to non-profit groups and would not require visual screening. Mr . Tong further noted that precautions would be taken to ensure that the newspaper recycling bins do not become unsightly or accumulate an excessive amount of debris around them. The Planning Commission indicated their support for the resolution and ordinance provided that precautions would be taken to ensure that newspaper recycling bins are handled in an attractive manner. It was moved by Commissioner Petty and seconded by Commissioner Barnes to recommend to the City Council that the ordinance be adopted with the following changes : Section 1 under Item 1, eliminate three words ; "both" , "commercial" and "and" , Under item 2, eliminate. the word "screening" . Under item 3, eliminate the words "commercial and" . Under Section 2 , amend the second sentence to read "The term Recycling Center does not include any processing activity, nor does the term recycling center include a single recycling bin permitted as an Administrative Conditional Use . " Under Section 3 , change the wording to read; "A single newspaper recycling bin for up to one year, sponsored by a bona fide church, school, neighborhood group or local non-profit non- restrictive civic or service organization, as an accessory use to a lawfully existing permitted use . Voice vote found all in favor . Regular Meeting PCM-3-91 8/20/84 ad M 14 ATTACIa T RESOLUTION NO. 84-42 RECOMMENDING THAT PA 84-044 , AN ORDINANCE RELATING TO NEWSPAPER RECYCLING BINS BE APPROVED UNFINISHED BUSINESS None NEW BUSINESS None OTHER BUSINESS The Commissioners directed Staff to look into the following items : 1) Outdoor display for Schwinn bicycles on Amador Valley Boulevard. 2 ) Status of Winning Action Investments 3 ) Abandoned cars at the Mobile Gas Station on Village Parkway. 4 ) Permitted locations for Recreational Vehicles . ADJOURNMENT There being no further business, the meeting was adjourned at 9 :25 p .m. . Respectfully submitted, Planning Commission Chairman Laurence L. Tong, Planning Director Regular Meeting PCM-3-91 8/20/84