50A - EMERGENCY ORD MORATORIUM RECYCLING FACILITIES

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2014 TITLE: EMERGENCY ORDINANCE ADOPTING A 45 DAY MORATORIUM FOR THE ESTABLISHMENT OF RECYCLING FACILITIES CITY MA, IAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: M-W-007wo, ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_,,,, CONTINUED TO FILE NUMBER Adopt an emergency ordinance adopting a 45 -day temporary moratorium on the establishment of any new or expansion of any existing recycling facility. DISCUSSION In 1988, the City adopted Ordinance No. NS -1946 to establish standards for new recycling facilities. In 1997, the City adopted Ordinance No. NS -2333 to amend the original ordinance and adopt revised standards for recycling facilities. A recycling facility is a center for the collection and /or processing of recyclable materials. Recycling facilities can also be State certified and are thus designated as a certified recycling facility or certified processor if they attain certification by the California Department of Conservation and meet specific State requirements. Recycling facilities can consist of a collection facility or a processing facility. While recycling facilities offer broad benefits, communities that surround such facilities often experience a number of detrimental impacts such as noise, trash, traffic, vibration and air quality. The current standards found in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code (SAMC) may not adequately address these impacts. Adoption of the proposed moratorium will allow staff to analyze existing City standards as well as recent changes to State laws regarding recycling facilities to ensure that the City's standards are aligned with the State provisions. As such, the existing recycling facilities ordinance contained in the SAMC needs review, study, and possible revision in order to respond to recent concerns relating to the impacts of recycling facilities and potential establishment of new recycling facilities in the City. Given these concerns, staff recommends that a study be undertaken of the current provisions of the General Plan and Chapter 41 of the SAMC to determine if the existing standards require amending. The proposed interim ordinance will prohibit the establishment of any new recycling facility or expansion of an existing recycling facility for a 45 -day time period. 50A -1