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HomeMy WebLinkAbout18-06 CC Ordinance ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 17.04.020 "TEMPORARY USE PERMITS" AND ADDING A NEW CHAPTER 17.42 "COLLECTION CONTAINERS" TO TITLE 17 "ZONING" OF THE TEMECULA MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(8)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment. Subsection (B)(2) of Section 17.04.020 "Temporary use permits." of Chapter 17.04 "Permits" of Title 17 "Zoning" is hereby amended to add a new subsection (h) as follows with all other provisions of Section 17.04.020 remaining the same: "h. Collection Containers that meet the requirements set forth in Chapter 17.42 of the Municipal Code." Section 2. Code Amendment. Chapter 17.42, "Collection Containers" is hereby added to Title 17 "Zoning" of the Temecula Municipal Code to read as follows: "Chapter 17.42 Collection Containers Sections: 17.42.010 Definitions. 17.42.020 Collection Containers Prohibited. 17.42.030 Exceptions. 17.42.040 Permit and Fees. 17.42.050 Inspection. 17.42.060 Collection Container Development Standards. 17.42.070 Collection Container Operational Requirements. 17.42.080 Enforcement and Violations. 17.42.090 Joint and Several Liability. 17.42.100 Amortization Period and Removal. 17.42.010 Definitions. As used in this Chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: "Attended Collection Container" shall mean a Collection Container that is fully staffed by a person, organization, or collection center during the period of time that personal property is being collected. "Collection Container" shall mean any metal, plastic, cardboard or wooden box, bin, container, accessory structure or similar container used for soliciting and collecting donations of salvageable personal property, provided by a person, organization, or collection center for the primary purpose of receiving or storing collected items, including household goods, clothing and other salvageable personal items for distribution or resale by the operator. A Collection Container shall not be considered a fixture or improvement to the lot. "Operate" shall mean to place, operate, maintain, own or otherwise control a Collection Container. "Operator" shall mean any person who operates a Collection Container in the City. "Property Owner" shall mean the owner of the parcel where the Collection Container is operated. 17.42.020 Collection Containers Prohibited. A. No person shall operate or maintain a Collection Container upon any unimproved lot, public right-of-way, public park, or open space area, or within any residential zone in the City. B. No person shall operate a Collection Container on property they own, lease, manage or control in violation of this Chapter. A Property Owner shall not allow another person to operate a Collection Container on their property in violation of this Chapter. 17.42.030 Exceptions. A. This Chapter shall not apply to a Collection Container that is used exclusively for the collection of recyclable materials by an authorized solid waste collector pursuant to Chapter 8.20, Waste Management, of this Code and the franchise agreement between the City and its authorized solid waste collector, or any state certified Beverage Container Recycling Center. B. This Chapter shall not apply to Attended Collection Containers. C. Collection Containers are only permitted within the Highway Tourist (HT), Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI) Zoning Districts, and on commercially zoned parcels within an adopted specific plan or planned development overlay zone. 17.42.040 Permits and Fees. A. No Collection Container shall be placed, used or maintained until a Property Owner obtains a Temporary Use Permit from the City pursuant to the process set forth in Section 17.04.020. Ords 18-06 2 B. A Temporary Use Permit for a Collection Container shall expire one year from the date of issuance. C. A Temporary Use Permit for a Collection Container shall be renewed on an annual basis based on the anniversary of the original Temporary Use Permit date of issuance. The renewal application shall be submitted no later than 30 days prior to the expiration of the Temporary Use Permit. 17.42.050 Inspection. A. The Community Development Director, or his or her designee, shall inspect and approve any Collection Container that is maintained in the City. The Property Owner and/or Operator shall contact the Community Development Department to schedule an inspection of the Collection Container within three (3) business days of the Collection Container being placed on private property pursuant to a Temporary Use Permit. B. If the Collection Container is not approved by the Community Development Director, or his or her designee, because it does not meet the requirements set forth in this Chapter, it shall be promptly removed by the Property Owner and/or Operator. 17.42.060 Collection Container Development Standards. No Temporary Use Permit for a Collection Container shall be approved unless the following standards are satisfied: A. Collection Containers shall be located within twenty (20) linear feet of the main entrance, and shall not project more than four feet from the building. B. The dimensions of a Collection Container shall not exceed 82 inches high, 56 inches wide and 49 inches deep. C. No more than one (1) Collection Container shall be placed on the same legal lot. D. Collection Containers shall not be located within any public right of way, emergency vehicle route, internal drive aisle, parking lot, or pedestrian pathway. E. No Collection Container shall be placed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. F. Collection Containers shall not be located on unimproved lots. G. Collection Containers shall not be constructed of wood, cardboard, plastic, or any non-metal material. Ords 18-06 3 17.42.070 Collection Container Operational Requirements. In addition to the development standards in Section 17.42.060, the Property Owner and Operator shall ensure Collection Containers comply with the following requirements: A. Collection Containers shall be kept free of structural damage, holes, visible rust, graffiti, and stickers and shall not be defaced. B. Collection Containers shall be kept locked or otherwise secured at all times so that the contents cannot be accessed by anyone other than those responsible for retrieving the contents deposited in the Collection Container. C. Collection Containers shall be serviced and emptied at a minimum of every seven (7) calendar days, or more frequently on an as needed basis, to ensure the Collection Container and surrounding area is kept free of materials, debris and donated items. D. Donated items must fit entirely within the closed Collection Container. E. Donated items shall consist of textiles, shoes, books and other salvageable personal items only. F. Donated items shall not include items such as, but not limited to, hazardous materials, universal waste, mattresses, vehicles, food items or appliances. G. In accordance with California Welfare and Institutions Code Section 151, the front of every Collection Container shall conspicuously display all of the following: 1. The name, address, telephone number, and if available, the internet web address of the Collection Container operator. 2. A statement, in at least two-inch typeface, that either reads, "this Collection Container is owned and operated by a for-profit organization" or"this Collection Container is owned and operated by a non-profit organization." 3. If the Collection Container operator is a non-profit organization, the front of the Collection Container shall also conspicuously display a statement describing the non-profit cause that will benefit from the donations. 4. If the Collection Container operator is a for-profit entity, the front of the Collection Container shall also conspicuously display a statement that reads "this donation is not tax deductible." 5. Collection Containers and operators shall comply with all other applicable federal, state and local laws and regulations. Ords 18-06 4 17.42.080 Enforcement and Violations. In accordance with Welfare and Institutions Code Section 152, a Collection Container in violation of this Chapter may be declared a public nuisance and the City may remove and dispose of the Collection Container following the procedures set forth in Chapter 8.12. 17.42.090 Joint and Several Liability. The Property Owner and Operator shall be jointly and severally liable for violations of this Chapter. 17.42.100 Amortization Period and Removal. Section 17.03.070, pertaining to legal non-conforming uses, of this Code, shall not apply to Collection Containers. Instead, all Operators of Collection Containers existing on the effective date of this Chapter shall have ninety (90) days to remove any existing Collection Containers. If an illegal Collection Container is located within the City limits ninety (90) days after the effective date of this Chapter, the City may remove and dispose of the Collection Container immediately. If a Collection Container is removed by the City, the Operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the City pursuant to federal, state, or local laws, rules and regulations, including this Code. Such charges, costs and fees shall be considered a debt to the City, and payment shall be a prerequisite to the issuance of any permit or other approvals by the City to the extent authorized by federal, state or local laws, rules or regulations." Section 3. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, the proposed ordinance would limit the location and appearance of a certain type of use in the City, and would not expand the allowed uses in the City. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Ords 18-06 5 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2018. s Matt Rahn, Mayor ATTEST: Randi Joh(, lf" Clerk [SEAL] Ords 18-06 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of February, 2018, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Stewart, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Ords 18-06 7