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HomeMy WebLinkAbout50A - EMERGENCY ORD MORATORIUM RECYCLING FACILITIESREQUEST 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 Moratorium for the Establishment of Recycling Facilities August 5, 2014 Page 2 During the 45 -day interim ordinance period, staff will conduct a zoning study together with an analysis of existing State regulations that will assist in the preparation of an updated ordinance for recycling facilities. An update on further study of this issue and a public hearing to consider a potential extension will be scheduled for the September 16, 2014, City Council meeting, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5, Community Health, Livability, Engagement and Sustainability, Objective No. 4 (support neighborhood vitality and livability). 9&1107-1111111 il7TOY1 There is no fiscal impact associated with this action. Karen A. Haluza Interim Executive Director Planning and Building Agency VF:rb AreportslReeydling Facllltles 45 day moratorlum.080514 50A -2 SRC 07/22/14 ORDINANCE NO. NS- AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 DAY TEMPORARY MORATORIUM ON THE CONSTRUCTION OR ESTABLISHMENT OF A RECYCLING OR PROCESSING FACILITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. In 1988, the City adopted Ordinance No. NS -1946 to establish standards for new recycling and processing facilities. In 1997, the City adopted Ordinance No. NS- 2333, amending the original ordinance and adopt revised standards for recycling and processing facilities as contained in Article XIV of Chapter 41 of the Santa Ana Municipal Code. B. Currently recycling and processing facilities are allowed as a matter of right in certain industrial areas where there is an absence of transitional commercial zones between residential and industrial uses. The current provisions of the Santa Ana Municipal Code do not fully take into account the potential impacts associated with the establishment of recycling and processing facilities near existing residential zones. As such, provisions of the Santa Ana Municipal Code ( "the Code ") need review, study and possible revision in order to respond to recent concerns relating to the impacts of recycling and processing facilities in the City. C. Given these concerns, the City Council hereby requests that a study be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to address recycling and processing facilities and determine where such businesses should be permitted in the City and under what conditions. D. Without adoption of this ordinance, properties in the City could quickly receive entitlements to establish recycling and processing facilities despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by such uses. E. It has come to the City Council's attention that at least one individual has approached city staff seeking entitlements to establish a recycling facility directly across from residentially zones property. Ordinance No. NS - 50A -3 Page 1 of 4 F. If the recycling facility is permitted in the City without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Recycling and processing facilities create detrimental impacts such as noise, trash, traffic, vibration and air quality concerns. 2. Residents living near recycling and processing facilities have expressed concerns related to noise and vibration impacts resulting from crushing, baling, after -hours loading and sorting activities. Others have experienced increased levels of traffic congestion due to off -site loading, debris and undesirable odors from these uses due to lack of property maintenance and compliance with operational standards currently in place. G. In order to prevent frustration and detrimental impacts on residents, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of recycling and processing facilities may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such recycling and processing facilities to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. H. The Request for Council Action for this ordinance dated August 5, 2014 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. I. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A -1 of this ordinance. Section 2. Prohibition No recycling or processing facility as defined in Article XIV of Chapter 41 of the Code shall be established, constructed, permitted or expanded in the City of Santa Ana. Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, by a four - fifths vote, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, Ordinance No. NS - _ Page 2 of 4 50A -4 and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time. This ordinance shall be immediately effective pursuant to Section 415 of the City Charter. Section 4. This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four - fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by four - fifths (4/5) vote, extend this ordinance one more year. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -I, inclusive of this ordinance. ADOPTED this 5th day of August 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Miguel A. Pulido Mayor Ordinance No. NS - 50A -5 Page 3 of 4 m AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on August 5, 2014. Date: Clerk of the Council City of Santa Ana Ordinance No. NS - _ Page 4 of 4 50A -6