HomeMy Public PortalAbout06) 7D Second reading and adoption of Ord. 17-1026 Unattended Collection BoxesCOMMUNITY DEVELOPM E NT DEPARTMENT
MEMORANDUM
DATE: December 5, 2017
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes, Community Development Director
By: Scott Reimers, Planning Manager
AGENDA
IT EM 7.0.
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 17 -1026
AMENDING TITLES 4 AND 9 OF THE TEMPLE CITY MUNICIPAL CODE
TO ADOPT REGULATIONS ON UNATTENDED COLLECTION BOXES
AND OTHER COLLECTION AND RECYCLING FACILITIES
RECOMMENDATION:
The City Council is requested to adopt and waive further reading of Ordinance No. 17 -
1026 amending Titles 4 and 9 of the Temple City Municipal Code to adopt regulations on
unattended collection boxes (UCBs) and other collection and recycling facilities.
BACKGROUND:
On November 21, 2017, the City Council introduced Ordinance 17-1026 for first reading ,
by title only, amending Titles 4 and 9 of the Temple City Municipal Code to adopt
regulations on UCBs and other collection and recycling facilities .
ANALYSIS:
The proposed Ordinance sets up a new permit process for existing and new UCBs . The
intention of the proposed Ordinance is to create a clearer system of regulating UCBs ,
reverse vending machines, and collection facilities . The proposed Ordinance would
require the property owner's permission for placement of a UCB and a clear list of
operational, maintenance, locational, and other standards.
Material recycling plants will be prohibited in all commercial and residential zones . A
conditional use permit (CUP) will be required for proposed material recycling plants in the
manufacturing zones. Performance standards, operations , maintenance, and other
related standards will be handled through the CUP process.
City Council
December 5, 2017
Page 2 of 2
For more detailed information see proposed Ordinance 17-1026 (Attachment "A"). Exhibit
"A" of Attachment "A" includes the regulations for UCBs. Exhibit "B" of Attachment "A"
includes the regulations for reverse vending machines and collection facilities.
CITY STRATEGIC GOALS:
The City Council is requested to adopt regulations for unattended collection boxes and
other recycling and collection facilities to further the City's Strategic Goals of Quality of
Life and Public Health and Safety.
FISCAL IMPACT:
The review of a new permit for unattended collection boxes would result in an added
expense in the form of additional Planning and Community Preservation Staff time.
Resolution 17-5295, approved by the City Council on November 21, 2017, mitigates this
added expense by requiring UCB operators to pay a permit fee equal to the expected cost
of reviewing these applications. The recommended fee of $170 for the initial permit and $97
to renew a permit achieves 75 percent cost recovery consistent with other planning fees.
ATTACHMENTS:
A. City Council Ordinance 17-1026
B. City Council staff report from November 21, 2017
ATTACHMENT A
ORDINANCE NO. 17-1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
CALIFORNIA, AMENDING TITLE 4, CHAPTER 2 AND TITLE 9, CHAPTER 1, OF
THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE REGULATION OF
UNATIENDED COLLECTION BOXES, COLLECTION FACILITIES, AND
REVERSE VENDING MACHINES
WHEREAS, the City ofTemple City ("City") has adopted a General Plan, the Temple City Zoning Code,
and public nuisance regulations to ensure a well-planned and safe community and to protect public health,
safety, and welfare; and
WHEREAS, State law requires that the Temple City Zoning Code, found at Title 9, Chapter 1 of the
Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the Temple City Zoning Code to bring it into
conformity with State law and to address public health, safety, and welfare concerns that have arisen since
its last update; and
WHEREAS, since May of 2015 the City has received 15 complaints involving unattended collection
boxes and recycling facilities. Trash and debris collects around these facilities and boxes. Donations can
pile up beyond the capacity of the facilities leading to an attractive nuisance and the scattering of loose
trash and debris. They are vandalized. They are placed on private property without owner or tenant
approvals. They are left in the public right of way and on city owned properties without permission.
Contact information is often out-of-date or voicemail boxes are full and complaints cannot be left. In
instances where contact can be made, messages are often not returned. The facilities obstruct circulation,
traffic, and parking including that in the public right of way. Complaints regarding these facilities have
become more frequent and regular since January of 2017; and
WHEREAS, the City wishes to consider clearly defined rules for the establishment of unattended
collection boxes, collection facilities, and reverse vending machines to address the public health, safety,
and general welfare issues that have been the subject of numerous complaints; and
WHEREAS, on October 10, 2017 the Planning Commission held a noticed public hearing on this
item to receive public comment and to make a recommendation to the City Council; and
WHEREAS, City Council held a noticed public hearing on November 7, 2017; and
WHEREAS, on November 7, 2017, the City Council introduced for first reading by title only Ordinance
No. 17-1026; waived further reading; and scheduled a second reading and adoption of the ordinance for
November 21, 2017.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS:
SECTION 1: Section 4-2C-2.A of the TCMC is amended by adding Section 4-2C-2.A.44, as follows:
"44. Any Unattended Collection Box not in conformance with the regulations of Section 9-lT-11."
SECTION 2: Section 9-1A-9 is amended to add and delete the following definitions in alphabetical order:
Ordinance No. 17-1026
Page 2 of4
COLLECTION FACILITY: A centerto collect various items (such as clothes, household goods, recyclable
materials, and the like) from the public either as a donation or for a redemption value. Collection
facilities may include a mobile unit, a group of reverse vending machines not exceeding 500 square
feet, a Kiosk-type unit which may include permanent structures of not more than 500 square feet, a
truck trailer, or a shipping container. These facilities are no more than 500 square feet and the
structure is not permanently fixed to the ground. Collection facilities are larger than unattended
collection boxes. These facilities are only allowed as an accessory to a primary use.
MATERIAL RECYCLING PLANT: An industrial use which collects and processes recyclable materials
and either packages them for offsite processing in a large-scale operation (such as a transfer station
or materials recovery facility) or processes the materials at the same collection location.
REVERSE VENDING MACHINE: An automated mechanical device which accepts at least one or
more types of empty beverage containers including aluminum cans, glass, and plastic bottles,
and issues a cash refund or a redeemable credit slip with a value not less than the container's
redemption value as determined by state law. A reverse vending machine may sort and process
containers mechanically provided that the entire process is enclosed within the machine. To
accept and temporarily store all container types in a proportion commensurate with their
relative redemption rates, and to meet the requirements of certification as a recycling facility,
multiple grouping of reverse vending machines may be necessary, in which case the machines
are considered a collection facility. A reverse vending machine is considered an accessory to a
primary use. Reverse vending machines are no greater than 50 square feet in size and 8 feet in
height. Larger facilities are considered a collection facility.
TRANSFER STATION: AR area, iRclusiRg aRy Recessapt builsiRg or structures, fer the temporary
storage aRe the salvage of rubbish, garbage or iRsustrial waste.
UNATTENDED COLLECTION BOXES (UCBs): Unstaffed drop-off boxes, containers, receptacles,
or similar facilities that accept textiles, shoes, books, household goods, recyclable materials,
and/or other salvageable personal property items. This does not include garbage bins, library
book drops, postal or parcel boxes for public and private carriers, or the like.
SECTION 3: Section 9-1E-7 .C (Zoning Clearance Applicability) is amended to add Section 9-1E-7.C.11, as
follows:
"11. "Reverse vending machines."
SECTION 4: Section 9-1F-10 (Condition Use Permits, When Required) is amended to add "Collection facility"
and "Material recycling plant" to the list of uses requiring a conditional use permit, as follows:
"Collection facility (CUP required in all Commercial and Manufacturing Districts and prohibited in all
other zones)."
"Material recycling plant (CUP required in the M-1 and M-2 zones and prohibited in all other zones)."
SECTION 5: Section 9-1N-1.A is amended to include the following in the list of Uses Permitted:
"Collection facility (CUP required)."
Ordinance No. 17-1026
Page 3 of 4
"Reverse vending machine (Accessory to primary use, only)."
"Unattended collection box."
SECTION 6: Section 9-lN-2 is amended to include the following in the list of Prohibited Uses:
"Material recycling plant."
SECTION 7: Section 9-10-0 is amended to include the following in the list of Permitted Uses:
"Material recycling plant (CUP required)."
SECTION 8: Section 9-lT-11: Unattended Collection Boxes, is added to Title 9, Chapter 1, Article T as set
forth in Exhibit "A" to this Ordinance, which is incorporated by reference.
SECTION 9: Section 9-lT-12: Recycling Facilities, is added to Title 9, Chapter 1, Article T as set forth in
Exhibit "B" to this Ordinance, which is incorporated by reference.
SECTION 10: This Ordinance applies to all existing UCBs. All UCBs must apply for a UCB permit within 60 days
of the effective date ofthis Ordinance. Reverse vending machines, collection facilities, and material recycling
plants in existence prior to this Ordinance will be considered legal, nonconforming and must comply with
Section 9-1H of the Municipal Code to qualify as a legal nonconforming use.
SECTION 11: The City Council declares that, should any provision, section, subsection, paragraph, sentence,
clause, phrase, or word of this Ordinance be rendered or declared invalid or unconstitutional by any final
court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or
action would not affect the validity of the remaining section or portions of the Ordinance. The City Council
declares that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, clauses, phrases, or words of this Ordinance whether any one or more provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or
unconstitutional.
SECTION 12: The City Council finds that this Ordinance is not subject to environmental review under the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15305 pertaining to
minor alterations to land use limitations and Section 15061.b).3) because it can be seen with certainty that
the Ordinance has no possibility of a significant effect on the environment.
SECTION 13: The City Clerk is directed to certify to the passage and adoption of this Ordinance, certify its
approval by the Mayor, and publish this Ordinance according to law.
PASSED, APPROVED, AND ADOPTED this 21" day of November, 2017.
Ordinance No. 17-1026
Page 4 of4
ATIEST:
Peggy Kuo, City Clerk
Cynthia Sternquist, Mayor
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
EXHIBIT A
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAl USES
SECTION 11. UNATTENDED COllECTION BOXES
A. General Provisions:
1. Purpose: The purpose of these regulations is to promote the health, safety, and/or welfare of
the public by providing minimum nuisance-related performance standards for the operation of
unattended collection boxes (UCBs). This includes establishing criteria to ensure that material is
not allowed to accumulate outside of the UCBs, the UCBs remain free of graffiti and other
nuisances, UCBs are maintained in sanitary conditions, and users are fully informed of those who
operate the UCBs so that they can be contacted if there are any nuisance-related questions or
concerns.
2. Violations: Failure to comply with any of the provisions of this Section 9-lT-11 is declared to be
prima facie evidence of an existing violation and a declared public nuisance, and may be abated
by the director in accordance with the provisions of Section 4-2C-2 (Public Nuisances). Any
person in violation may be subject to administrative penalties, citations, civil action, or other
legal remedies.
3. Responsibility: The property owner and the UCB operator (operator) have joint and several
liability for public nuisance conditions and compliance with this chapter, including fees,
administrative citations, civil actions, and/or legal remedies relating to a UCB. The property
owner remains liable for any violation of duties imposed by this Section 9-lT-11 even if the
property owner has, by agreement, imposed on the operator the duty of complying with the
provisions of this Section 9-lT-11.
4. Definitions: The following definitions apply only to Section 9-lT-11.
AGENT: A person who is authorized by the property owner or UCB operator to act on their
behalf to be the applicant for a UCB permit. To be considered an agent, a person must be
given express written authorization on a form provided by the city to apply specifically for a
UCB permit. For this Section 9-lT-11, a person who is only given general authorization to act
for various activities and transactions regarding a property is not considered an agent.
DIRECTOR: The director of the Community Development Department or their designee.
NUISANCE OR PUBLIC NUISANCE: The conditions as set forth in Temple City Municipal Code
Section 4-2C-2 (Prohibited Public Nuisance Conditions).
OPERATOR: A person or entity who operates or maintains any UCB.
PROPERTY OWNER: The owner of real property on which any UCB is or is proposed to be
placed.
Ordinance No. 17-1026
Exhibit A
Page 2 of9
UCB PERMIT: Temple City's annually renewable permit required to place, operate, maintain,
or allow a UCB within the city.
UNATTENDED COLLECTION BOXES (UCBs): As defined in Section 9-1A-9
UNPERMITTED UCB: A UCB established without a valid UCB permit or established prior to the
effective date of Ordinance 17-1026.
B. Permit Requirement and Process:
1. Permit Required for UCBs: Except for UCBs described in Section 9-1T-11.B.l.b (Enclosed or
Accessory to the Principal Activity), it is unlawful to place, operate, maintain, or allow a UCB on
any property unless the parcel owner, agent, or operator first obtains an UCB permit from the
city.
a. Second UCBs: A separate UCB permit is required for each UCB unless a second UCB is
required for overflow items per Section 9-1T-11.C.l.k (One UCB Per Parcel), in which case
the permit for the first UCB can include the second UCB on a parcel.
b. Enclosed or Accessory to the Principal Activity: UCBs that are either enclosed within a main
building or are accessory to a principal activity on a property owned or leased by the
operator would not require a UCB permit. However, UCBs that are accessory to a principal
activity on a property owned or leased by the operator must meet all other requirements
of this Section 9-lT-11, except the requirements contained in Section 9-1T-11.C.l.a-c
(Location Requirements).
c. Applicant and Transferring Applications: The UCB permit applicant must include the UCB
operator and the permit may not be transferred to another person or entity.
d. Decision maker: Decisions regarding UCB permit applications will be made by the director.
2. Application Requirements: The UCB permit application must be made on a form provided by
the Community Development Department. All applications must be filed with the Community
Development Department and include:
a. A signed agreement stating that the property owner and operator must abide by all the
processes and requirements described in this Section 9-lT-11;
b. A non-refundable application fee in an amount set by City Council resolution;
c. A signed affidavit, under penalty of perjury, stating whether the UCB existed at the
proposed location prior to the effective date of Ordinance Number 17-1026;
d. Signed authorization from the property owner allowing placement of the UCB;
Ordinance No. 17-1026
Exhibit A
Page 3 of9
e. Signed acknowledgement of responsibility from the property owner and the operator for
joint and several liability for violations of conditions or regulations, and public nuisances
relating to the UCB;
f. Proof of general liability insurance of at least $1,000,000.00 covering the applicant's UCB
and naming the City of Temple City as an additional insured;
g. Proof of an active business license with the City of Temple City, unless the property owner
or operator is exempt from business licensing requirements;
h. Name, address, email, website, and telephone number of the UCB operator and property
owner, including 24-hour contact information;
i. Vicinity map showing:
i. The proposed location;
ii. The distance between the site and all existing UCBs within 1,000 feet of the proposed
UCB location;
iii. Photographs of the location and adjacent properties;
j. Site plan containing the:
i. Location and dimensions of all parcel boundaries;
ii. Location of all buildings;
iii. Proposed UCB location;
iv. Distance between the proposed UCB and parcel lines buildings; and
v. Location and dimension of all existing and proposed driveways, garages, carports,
parking spaces, maneuvering aisles, pavement, and striping/marking;
k. Description and diagram of the proposed locking mechanism;
I. Maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal
on and around the UCB) that is sufficient to prevent public nuisance conditions from
remaining nearby the UCB; and
m. Any other reasonable information regarding time, place, and manner of operation,
placement, or maintenance that the director requires to evaluate the proposal consistent
with the requirements of this Section 9-lT-11.
Ordinance No. 17-1026
Exhibit A
Page 4 of9
3. UCB Permit Expiration and Renewal: Unless renewed as described below, each UCB permit will
expire annually on the anniversary of its date of issuance.
a. Renewal Permit Application Timing: A UCB operator may apply for permit renewal by
submitting to the Community Development Department at least 30 days prior to the
expiration ofthe active UCB permit. Late submittals may be processed as new applications.
b. Contents of Renewal Permit Application: The UCB permit renewal application must be
made on a form provided by the Community Development Department. All applications
must be filed with the Community Development Department and include the items listed
in Section 9-1T-1l.B.2.a-n.
c. Timing of Review: The director will either approve or deny the renewal of a UCB permit
within 30 days of receipt of the complete renewal application and payment of the renewal
fee. The failure of the Community Development Department to act within this timeframe
will constitute approval of the UCB permit renewal.
d. Findings for Review: The director will approve the renewal of a UCB permit if the director
finds that no circumstances existed during the term of the UCB permit, or existed at any
time during the review of the application for renewal, that are inconsistent with any criteria
required for approval of a new UCB permit as specified in Section 9-lT-11.8.4 (Findings for
Approval and Renewal) or that would justify the revocation of the UCB permit as specified
in Section 9-1T-1l.D (Revocation of Permit).
e. Removal if Permit Expires or Is Not Renewed: If the permit expires and is not renewed, the
collection box must be removed from the real property within 15 days after expiration of
the permit.
4. Findings for Approval and Renewal: The director may not issue a UCB permit or renewal unless
each of the following is true:
a. The applicant has submitted a complete and accurate application accompanied by the
applicable fee;
b. There are no open citations, unpaid fines or unresolved violations or complaints related
to any UCB managed by the proposed operator;
c. All existing unpermitted UCBs that are managed by the proposed operator have been
removed or the director at his discretion may allow an unpermitted UCB to remain during
the permit process if it otherwise complies with the requirements of this section;
d. Any verified public nuisance on the subject property has been abated and any case of a
complaint to the city regarding nuisance conditions on the subject property has been
closed; and
Ordinance No. 17-1026
Exhibit A
Page 5 of9
e. The proposal is consistent with all the requirements of this Section 9-lT-11.
f. For renewals, the site does not have a history of being an attractive nuisance even if
incidents of nuisances were abated. For this subsection, "history of attractive nuisance"
means three verified nuisance complaints in the previous 12 months.
5. Time Limit for Final Decision: The director will provide a written decision regarding the
placement of a UCB within 60 days of the submission of a complete application for a UCB
permit.
C. Standards and Requirements:
1. Location Requirements:
a. Allowed Zones: UCBs are only allowed in the following zones, subject to the requirements
of Section 9-lT-11:
i. DSP-GC
ii. DSP-WC
iii. DSP-EC
iv. C-2
v. C-3
vi. M-1
vii. M-2
b. Buffering from Residences: No UCB may be located within 50 feet of a residential dwelling
unit, as measured from nearest point of the dwelling unit to the UCB.
c. Separation: No UCB may be located within 500 feet of another UCB, as measured from
the property lines of the properties on which the UCBs are located. Except for those UCBs
exempted by Section 9-1T-11.B.1.a (Second UCBs).
d. Dwelling Units: No UCB may be allowed on a lot with a residential dwelling unit.
e. Vacant Lots: No UCB may be allowed on a lot without a main building.
f. Occupied Structure: A UCB is only permitted on a lot that also contains a main building
that contains at least one legal operating business or other ongoing activity, not including
a commercial parking lot.
Ordinance No. 17-1026
Exhibit A
Page 6 of 9
g. Prohibited Locations: UCBs are prohibited:
i. In the Public right-of-way and within 20 feet of the public right-of-way;
ii. Five feet from any property line; and
iii. In a landscaped area.
h. No Blocking: UCBs cannot block or impede access to:
i. Required parking or driveways;
ii. Pedestrian routes;
iii. Emergency vehicle routes;
iv. Building entries or exits;
v. Required handicapped accessibility routes;
vi. Easements;
vii. Trash enclosure areas or access to trash bins/trash enclosures; and
viii. Fire lanes.
i. Impeding Functions: UCBs cannot impede the functioning of exhaust, ventilation, or fire
extinguishing systems.
j. View Obstructions: UCBs cannot interfere with an access drive, off-street parking lot
maneuvering lane, or required off-street parking space to an extent which would cause
safety hazards or unnecessary inconvenience to vehicular or pedestrian traffic.
k. One UCB Per Parcel: No more than one UCB is permitted per parcel unless documented
evidence is submitted to the director that a second UCB is required due to the volume of
items delivered to the site. A UCB must be operating at a site for at least 90 days to
establish that a second UCB is required. Both UCBs must have the same operator. No fee
is required to apply for this second UCB.
I. Visibility: The collection area must be visible from an entrance, exit, or window of the
main building.
m. Lighting: The collection area must be no more than ten feet from a continually operating
light source of at least one-foot candle.
2. Physical Attributes: UCBs must:
Ordinance No. 17-1026
Exhibit A
Page 7 of9
a. Be fabricated of durable waterproof and rustproof material;
b. Be locked so that the contents cannot be accessed by anyone other than those
responsible for the retrieval of the contents;
c. Be equipped with a safety chute to limit the public's access to the box;
d. Be placed on ground that is paved with durable paving;
e. Not be more than 7 feet high, 6 feet wide and 6 feet deep;
f. Not be electrically or hydraulically powered or otherwise mechanized;
g. Not be a fixture of the site or considered an improvement to real property; and
h. Have the following information conspicuously displayed on at least two-inch type visible
from the front on the UCB:
i. The name, address, 24-hour telephone number, website, and email address of the
owner, operator of the UCB, and agent;
ii. Address of the site;
iii. Instructions on the process to register a complaint regarding the UCB to the city;
iv. The type of material that may be deposited;
v. A notice stating that no material may be left outside the UCB;
vi. The pickup schedule for the UCB; and
vii. A city-approved identification system that identifies the box as being properly
permitted by the city.
3. Maintenance:
a. Nuisances: No public nuisance may be within 20 feet of the UCB including, but not limited
to collection overflow, litter, debris, and dumped material.
b. Maintenance Requirements: UCBs must be maintained and in good working order. Items
to be repaired, removed, and/or abated include, but are not limited to graffiti, removed,
or damaged signs and notifications, peeling paint, rust, and broken collection operating
mechanisms.
Ordinance No. 17-1026
Exhibit A
Page 8 of9
c. Servicing Schedule: UCBs must be serviced not less than weekly between 7:00a.m. and
7:00p.m. on weekdays and 10:00 a.m. and 6:00p.m. on weekends. This servicing includes
the removal of collected material and abatement of the public nuisance described in this
Section 9-lT-11. The director may require additional servicing, if evidence is provided
that items to be collected exceed the UCBs capacity or if items to be collected are being
left outside the UCB.
d. E-mail and Telephone Contact: The operator must maintain an active email address and
a 24-hour telephone service with recording capability for the public to register
complaints.
e. No Solid or Hazardous Waste: UCBs cannot be used for the collection of solid waste
and/or any hazardous materials.
4. Liability: Applicants and/or owner/owners agent shall maintain a minimum general liability
insurance of $1,000,000.00 for the duration of the operation of a UCB at each site, to cover
any claims or losses due to the placement, operation, or maintenance of the UCB and naming
the City ofTemple City as additional insured.
D. Revocation of Permit:
1. Revocation: The director may revoke a UCB permit under any of the grounds specified in failure
to comply with the provisions of this Section 9-lT-11 (Unattended Collection Boxes), the
provisions of the Temple City Municipal Code, or any other law.
2. Notice of Revocation: The director will provide a written notification to the permittee and
property owner stating the specific grounds for a revocation and a demand for correction and
abatement. The notice will allow the permittee up to 15 days from mailing of the notice to
correct or abate the violation. Upon failure to make the correction or abatement, the director
will revoke the permit. Afterwards, the permittee will not be eligible for a permit at any
location for one calendar year.
3. Removal of Revoked UCB: Upon revocation, or if appealed, after any appeal as set forth in
Section 9-1T-11.F (Appeal to the Planning Commission), the collection box will be removed
from the real property within 15 days by the permittee. If the UCB is not removed within 15
days, the city may remove, store or dispose of the UCB at the expense of the permittee or
property owner. The property owner will be responsible for all costs associated with the
removal of the UCB incurred by the city. Costs may be pursued by the city pursuant to Section
4-2C of the Temple City Municipal Code.
4. Violation of Other Laws: A permit for a UCB may be revoked if any governmental authority or
agency determines that the UCB has violated the California Consumer Protection Act and/or
the Charitable Organizations and Solicitations Act.
E. Procedure for Removal:
Ordinance No. 17-1026
Exhibit A
Page 9 of9
1. Content of Removal Sign: Any UCB scheduled to be removed by either order of the city or
the operator must clearly display a notice on the UCB with at least four-inch type visible from
the front on the UCB that states the following text in capital letters: "THIS BOX WILL BE
REMOVED BY" followed by the date the UCB is scheduled for removal. The operator and
property owners are jointly and severally responsible for the placement of the notice.
2. Public Right of Way: Unpermitted UCBs in the public right of way may be removed without
prior notice to the owner. The City shall notify the owner within one business day after
removing the UCB and shall store the item for 14 calendar days after notice is given. If no
communication is received by the owner of the UCB within 14 calendar days of receiving notice
the City may dispose of the UCB. The owner of the UCB shall be given 14 days to retrieve the
UCB.
F. Appeal to the Planning Commission: Any person aggrieved by the decision rendered by the director
in granting, denying, or revoking any application for a permit under this Section 9-lT-11
(Unattended Collection Box) may appeal the decision to the Planning Commission according to the
requirements of Section 9-1E-4 (Appeals).
EXHIBIT 8
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAL USES
SECTION 12. REVERSE VENDING MACHINES AND COLLECTION FACILITIES
A. Purpose: The following provisions establish standards and procedures for the siting and operation of
various types and sizes of reverse vending machines and collection facilities. Any reverse vending
machine or collection facility, must comply with all provisions of Section 9-lT-12 before operating in
the city.
B. Development and Operating Standards: All reverse vending machines and collection facilities must
comply with the following specific standards:
1. Reverse Vending Machines: Reverse vending machines located on a commercial site do not
require additional parking spaces for customers, and are permitted in all Commercial and
Manufacturing Districts, subject to zoning clearance, pursuant to Section 9-lE-7, and compliance
with the following standards.
a. Accessory Use Only: The reverse vending machines may only be installed as an accessory use.
b. Indoor Locations: If located inside a structure, the reverse vending machines must be within
30 feet of the entrance and may not obstruct pedestrian circulation.
c. Maximum Size: The reverse vending machines may not occupy more than 50 squa~e feet,
including any protective enclosure, and may not be more than eight feet in height. A reverse
vending machine or collection of reverse vending machines greater than 50 square feet is
considered a collection facility.
d. Signs: The reverse vending machines may only have a maximum sign area offour square feet
per machine, exclusive of operating instructions.
e. Lighting: The reverse vending machines must be illuminated to ensure comfortable and safe
operation for any operating hours between dusk and dawn.
f. Materials: If located outside a structure, the reverse vending machines must be constructed
of durable waterproof and rustproof material.
g. Hours of Operation: The reverse vending machines may only have operating hours within the
operating hours of the main use.
h. Prohibited Locations: Reverse vending machines are prohibited within any of the
following locations:
i. Public right-of-way and within 20 feet of the public right-of-way;
Ordinance No. 17-1026
Exhibit B
Page 2 of 4
ii. Five feet from any property line; and
iii. Landscaping.
2. Collection Facilities: Collection facilities are permitted within all Commercial and Manufacturing
zones, subject to conditional use permit approval and compliance with the following standards.
a. Location Requirements: Collection facilities:
i. Must be set back at least 45 feet from any public right-of-way, and not obstruct
pedestrian or vehicular circulation and
ii. Must permanently locate any containers provided for after-hours collection of recyclable
materials at least 30 feet from any property zoned or occupied for residential use.
b. Maximum Size: Collection facilities may not be larger than 500 square feet and may not
occupy more than three parking spaces, except for spaces that will be periodically needed for
removal of materials or exchange of containers.
c. Appearance of Facility: Collection facilities, site fencing, and signs must be of a color and
design compatible with the surrounding uses and neighborhood.
d. Landscaping and Screening: The collection facility:
i. May not reduce or eliminate any required landscaping;
ii. Must be screened from view from adjacent public rights-of-way using fences, landscape,
or other approved materials; and
iii. Must be subject to additional landscaping and screening as determined through
conditional use permit.
e. Parking Requirements:
i. No additional parking space is required for customers of a collection facility located in the
established parking lot of the main use.
ii. Mobile or portable collection facilities must have an area clearly marked to prohibit other
vehicular parking during hours when the mobile collection facility is scheduled to be
present.
iii. Use of parking spaces by the facility and by the employee may not reduce available
parking spaces below the minimum number required for the main use unless a parking
study shows that existing capacity is not fully utilized during the time the collection facility
will be on the site.
f. Signs: Signs may be provided as follows:
Ordinance No. 17-1026
Exhibit B
Page 3 of4
i. Collection facilities may have identification signs with a maximum area of 15 percent or
12 square feet per side of the structure whichever is greater. In the case of a wheeled
facility, the side will be measured from the ground to the top of the container;
ii. The sign must contain the hours of operation, redemption values, and the name of the
operator or property owner; and
g. Operating Standards: Collection facilities:
i. May not accept household hazardous waste, electronic waste, or other products that may
cause a risk to the health and safety of the community;
ii. May not use any power-driven processing equipment except for reverse vending
machines;
iii. Must use containers that are constructed with durable waterproof and rustproof
material, that are covered when the site is not attended, secured from unauthorized
removal of material, and of a capacity sufficient to accommodate materials collected
and the collection schedule;
iv. Must store all materials in containers or in the mobile unit vehicle, and may not leave
materials outside of containers when attendant is not present; and
v. Mobile facilities, at which trucks or containers are removed at the end of each collection
day, must be swept at the end of each collection day.
h. Hours of Operation: Attended facilities located within 100 feet of a property zoned or
occupied by a residential use may only operate between the hours of 9:00a.m. and 7:00
p.m.
i. Trash Enclosure: The collection facility must either use the trash dumpster for the primary
use or construct an adjacent fully enclosed trash enclosure, with a six-foot concerte block
wall and a metal gate, surrounded with a minimum of three feet of automatically irrigated
landscaping.
3. General Standards: All reverse vending machines and collection facilities must comply with the
following standards:
a. Signs: Recycling and collection facilities maybe provided identification and informational
signs, as follows, provided that all signs meet the standards oft he applicable zoning district.
i. All collection facilities and reverse vending machines must be clearly marked to identify
the type of material which may be deposited, and display a notice stating that no
material shall be left outside the enclosure or machine; and
ii. The recycling and collection facility must be clearly marked to identify the name and
telephone number of the operator and the hours of operation.
Ordinance No. 17-1026
Exhibit B
Page 4 of4
iii. Directional signs bearing no advertising message, may be installed with prior approval of
the director if found necessary to facilitate traffic circulation or if the collection facility is
not visible from the public right-of-way.
b. Refuse Disposal: Sites with reverse vending machines and collection facilities must maintain
adequate on-site refuse containers for the disposal of non-recyclable, non-hazardous waste.
Trash cans shall be placed adjacent to facilities and be emptied periodically so as not create
litter in the adjacent area.
c. Maintenance and Cleanliness: The site must be maintained clean, sanitary, and free of litter,
waste materials, and loose debris. Temporarily stored materials must be moved to an
approved processing site as soon as practical.
d. Locations:
i. Dwelling Units: No reverse vending machine or collection facility may be allowed on
a lot with a residential dwelling unit.
ii. Vacant Lots: No reverse vending machine or collection facility may be allowed on a
lot without a main building.
iii. Occupied Structure: A reverse vending machine or collection facility is only
permitted on a lot that also contains a main building that contains at least one
operating business or other ongoing activity, not including a commercial parking lot.
iv. Required Parking: No reverse vending machine or collection facility may be located in
required parking spaces or a driveway.
v. No Blocking: Reverse vending machines and collection facilities, including patrons of
the facilities, cannot block or impede access to: required parking or driveways;
pedestrian routes; emergency vehicle routes; building entries or exits; required
handicapped accessibility routes; easements; trash enclosure areas or access to trash
bins/trash enclosures; and fire lanes.
vi. Near Residences: No reverse vending machine or collection facility may be within 50
feet of a residential structure.
ATTACHMENT 8
COMMUNITY DEVELOPMENT DEPARTM ENT
MEMORANDUM
DATE: November21,2017
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes , Community Development Director
By: Scott Reimers , Planning Manager
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 17-1026
AMENDING TITLES 4 AND 9 OF THE TEMPLE CITY MUNICIPAL CODE
TO ADOPT REGULATIONS ON UNATTENDED COLLECTION BOXES
AND OTHER COLLECTION AND RECYCLING FACILITIES AND
ADOPTION OF RESOLUTION 17-5295 TO ADOPT A RELATED PERMIT
FEE
RECOMMENDATION:
The City Council is requested to:
1. Introduce for first reading by title only and waive further reading of Ordinance No.
17-1026 (Attachment "A"), amending Titles 4 and 9 of the Temple City Municipal
Code (TCMC) to adopt regulations for unattended collection boxes (UCBs) and other
recycling and collection facilities;
2 . Waive further reading of Ordinance No . 17-1026 ;
3. Schedule the second reading of Ordinance No. 17-1026 for December 5 , 2017; and
4. Adopt Resolution No . 17 -5295 (Attachment "B") amending the Master Fee and Fine
Schedule for Fiscal Year (FY) 2017-2018 , to establish a new fee for UCB permits.
BACKGROUND:
1. Since May of 2015, the City has received 15 complaints regarding UCBs. UCBs are
used by a variety of non -profit and for-profit companies to collect previously owned
materials such as clothes , books, and household goods. The items are th en reused
or recycled by the operating company either for profit or to support the mission of
the non-profit. The boxes are often left on public or private property without the
owner or tenant's permission . Donated goods that do not fit into the boxes are left
nearby and appear to be trash and act as an attractive nuisance. Calls to the
operators of the boxes are typically not returned or voicemail syste ms are full.
City Council
November 21, 2017
Page 2 of 6
Attachment "C" includes a summary report of all cases related to this issue and some
sample pictures.
2. On August 16, 2017, the City Manager directed staff to initiate a Zoning Code Text
Amendment adopting regulations for UCBs and other recycling facilities.
3. On October 10, 2017, the Planning Commission adopted a resolution
recommending that the City Council adopt the proposed Ordinance as
recommended by staff.
ANALYSIS:
The proposed Ordinance sets up a new permit and process for existing and new UCBs.
The Community Development Director would review permit applications for compliance
with standards such as:
•
•
•
Distance from residential uses;
Proximity to other UCBs;
Location onsite;
•
•
Physical attributes of the UCB; and
Maintenance of the UCB.
The Ordinance also provides additional regulations on recycling facilities and larger
donation collection facilities. The Ordinance defines two categories -reverse vending
machines and collection facilities-and provides regulations including:
• Zones where the uses are allowed; • Entitlement required for each type;
• Maximum sizes; • Locational requirements;
• Sign regulations; • Parking standards; and
• Lighting requirements; • Operational and maintenance rules.
The intention of the proposed Ordinance is to create a clearer system of regulating UCBs,
reverse vending machines, and collection facilities. The Community Preservation Staff
has sought to keep these facilities and boxes from becoming a public nuisance through
the City's public nuisance ordinance (TCMC Section 4-2C). However, this has become
particularly difficult as contacting these operators is very difficult and often ineffective.
When operators do respond, sometimes the boxes are moved to another nearby location
without the property owner's permission. The proposed Ordinance seeks to remedy this
situation by creating a permit process which would require the property owner's
permission and a clear list of operational, maintenance, locational, and other standards.
Staff's recommended ordinance seeks to clarify and provide additional regulations on
facilities that collect salvageable and recycled items. These are classified into four
categories. The smallest are UCBs, which are defined as unstaffed drop off boxes that
accept textiles, shoes, books, household goods, recycled materials, or other salvageable
property. The Ordinance also proposes to regulate reverse vending machines. These
are automated mechanical devices which accept recyclable materials and provide a
redeemable credit slip. They may not be greater than 50 square feet in size and 8 feet in
City Council
November 21, 2017
Page 3 of6
height. All facilities larger than this are considered a collection facility. A collection facility
is a center that collects various salvageable or recyclable material. They may include
mobile units, a group of reverse vending machines, a truck trailer, or a shipping container.
They may not be more than 500 square feet and may not be permanently fixed to the
ground. Any facility larger than a collection facility is considered a material recycling plant.
The following table summarizes the proposed regulations for each type of facility. For
more detailed information see proposed Ordinance 17-1026 (Attachment "A"). Exhibit "A"
of Attachment "A" includes the new Section regulating UCBs. Exhibit "B" of Attachment
"A" includes the new Section regulating reverse vending machines and collection
facilities.
Definition
Reverse Vending
UCBs Machines Collection Facilities
! Unstaffed drop-off
! boxes, containers,
receptacles, or similar
facilities that accept
: textiles, shoes, books,
household goods,
recyclable materials,
and/or other
salvageable personal
property items. This
does not include
garbage bins, library
book drops, postal or
parcel boxes for
public and private
carriers, or the like.
An automated
mechanical device
which accepts
beverage
containers and
issues a cash
refund or a
redeemable credit
slip with a value as
determined by state
law. Considered an
accessory to a
primary use.
Facilities greater
than the maximum
allowed are
considered a
collection facility.
A center to collect
various items
(recyclable or
otherwise) as a
donation or for a
redemption value. May
include a mobile unit, a
group of reverse
vending machines not
exceeding 500 square
feet, a Kiosk-type unit
of not more than 500
square feet, a truck
trailer, or a shipping
container. Structure
are not permanently
fixed to the ground.
Only allowed as an
accessory to a primary
I
I
I
City Council
November 21,2017
Page 4 of 6
Reverse Vending
UCBs Machines Collection Facilities
Permit
Renewal
I Requ1red after one
j year
Must be 500 feet from
another UCB
, None requ1red
'
j None
I
g,~t~ncefr~~·~:~ro~ibite~ :ithln2~ir•·~Pproiilthl.ii 1blfitfe;·d·•• within 20
Right of Way feet of the public right feet of the public
of way, within 5 feet of right of way, within
a property line, or in 5 feet of a property
landscaping line, or in
have signs
contact information for
the operator and type
of material collected
maximum
None reqUired, Perm1t
may be called up by
i Planning Commission
i if found in non-
None
Prohibited within 45
1 feet from any public
, right of way; Must be
1 screened from view of
[ the right of way with
i land~~j?;~-f~
maximum
City Council
November 21, 2017
Page 5 of6
Material recycling plants will be prohibited in all commercial and residential zones. A CUP
will be required for proposed plants in the manufacturing zones. Performance standards,
operations, maintenance, and other related standards will be handled through the CUP
process.
CITY STRATEGIC GOALS:
The City Council is requested to adopt regulations for unattended collection boxes and
other recycling and collection facilities to further the City's Strategic Goals of Quality of
Life and Public Health and Safety.
FISCAL IMPACT:
The review of a new permit for unattended collection boxes would result in an added
expense in the form of additional Planning and Community Preservation Staff time.
Resolution 17-5295 would mitigate this added expense by requiring UCB operators to pay
a permit fee equal to the expected cost of reviewing these applications. Attachment "E"
includes an estimate of the staff time and costs associated with the cost of reviewing and
approving these permits. The recommended fee of $170 for the initial permit and $97 to
renew a permit achieves 75 percent cost recovery consistent with other planning fees.
ATTACHMENTS:
A. City Council Ordinance 17-1026
B. City Council Resolution 17-5295
City Council
November 21, 2017
Page 6 of 6
C . Community Preservation Report and Pictures of Donation Bin Cases
D. Zoning Map
E. Estimate of Permit Fee Costs