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Chapt 21 - Collection-Donation Containers - 2017To: Honorable Mayor and City~`Co/uncil From: Wendy Wood, City Clerk Via: Brian Loventhal, City Manager Subject: Desk Item 19 -Revised Resolution City of Campbell City Clerk's Office Date: July 18, 2017 Attached is revised resolution for Item 19 (Adoption of a New Application Fee for a Collection Container Permit). The resolution clarifies that the proposed fees are charged per container, rather than per site (the ordinance only allows one container per property). Attached is the revised draft resolution for your consideration. RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A NE1N APPLICATION FEE FOR A COLLECTION CONTAINER PERMIT, TO BE INCLUDED IN THE CITY'S FISCAL YEAR 2017-18 SCHEDULE OF FEES AND CHARGES. WHEREAS, on April 18, 2017, the City Council adopted the Fiscal Year 2017- 2018 Schedule of Fees and Charges; WHEREAS, on May 16, 2017, the City Council adopted Ordinance No. 2222 Amending Title 21 (Zoning Code) of the Campbell Municipal Code to Adopt Provisions to Regulate the Installation and Operation of Collection Containers; WHEREAS, Ordinance No. 2222 provides fora requirement to obtain an annually renewable permit from the Community Development Department prior to placement of a collection container; WHEREAS, the City has prepared an analysis documenting the anticipated staff time necessary to review a Collection Container Permit application; and WHEREAS, it is in the public interest to balance the City's goal of cost recovery with the collection container operator's right to disseminate its message. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the following Collection Container Permit Fee, to be included in the Fiscal Year 2017-2018 Schedule of Fees and Charges: Collection Container Permit (first four containers): $355 per container Additional Container(s) (same permit): $222 per container CC Permit Renewal Request (first four containers): $255 per container Additional Container(s) (same request): $122 per container PASSED AND ADOPTED this 18th day of July, 2017, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ABSENT:- COUNCILMEMBERS: APPROVE Elizabeth "Liz" Gibbons, Mayor ATTEST: Wendy Wood, City Clerk U ~ o ,~ ~~, G1~' City Council Re~oYt Item: Category: Date: 19. Consent July 18, 2017 TITLE: Adoption of a New Application Fee for a Collection Container Permit, to be included in the City's Fiscal Year 2017-18 Schedule of Fees and Charges. (Resolution/Roll Call) RECOMIIOIENDATION 1. Adopt a Resolution, adopting a new application fee for a Collection Container Permit, to be included in the City's Fiscal Year 2017-18 Schedule of Fees and Charges. DISCl1SSION The City Council recenfily adopted Ordinance No. 2222 to establish standards and requirements for placement of collection containers (also commonly referred to as donation bins), including a new permit requirement. Staff prepared the attached memorandum (reference Attachment 2) that estimates the anticipated cost associated with review of a Collection Container Permit application. Based on this analysis, staff had provided a recommendation in a June 20, 2017 staff report for a fee structure that would capture 100% of the estimated staff cost. However, due to a long agenda, consideration of this item was continued without Council action being taken. Subsequent to the meeting, the City Attorney had further discussion with Tenax Law Group, representing Recycle for Change. Due to the First Amendment issues associated with the collection containers, the City Attorney advises that the fee structure be revised by spreading out the fee over the first four sites. This approach would balance the City's goal of cost recovery with the" collection container operator's right to disseminate its message. As such, the following fee structure is recommended: Collection Container (CC) Permit (first four sites): $355 Additional Site(s) (same permit): $222/site CC Permit Renewal Request (first four sites): $255 Additional Site(s) (same request): $122lsite FISCAL IMPACT As noted, the proposed fee structure will not fully capture the staff cost to review and process applications for Collection Container Permits. To this extent, the City will provide a subsidy of several hundred dollars for each application. However, the relatively few number of collection containers that are anticipated to be installed will not result in a significant fiscal impact. Staff Report -City Council Meeting of June 20, 2017 Page, 2 Collection Container Permit Fee ALTERNATIVES If the Council wishes to capture all cost associated with review of Collection Container Permits, the following fee structure may be considered: Collection Container Permit: $755 Additional Site(s) (same permit): $222 Renewal Request (annual): $377.50 (50% cost) E Prepared by: Daniel Fama, Senior Planner Reviewed by: `~ Paul Kermo n, Community Development Director Reviewed by: G~~'~ _ Je Takahashi, Finance Director } < r ~~ Approved by: ~- ~,~ , ~, ,...~. __. t ... .-- Bria oventhal, ity Manager Attachments 1. Draft Resolution 2. Fee Memorandum RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A NEW APPLICATION FEE FOR A COLLECTION CONTAINER PERMIT, TO BE INCLUDED IN THE CITY'S FISCAL YEAR 2017-18 SCHEDULE OF FEES AND CHARGES. WHEREAS, on April 18, 2017, the City Council adopted the Fiscal Year 2017- 2018Schedule of Fees and Charges; WHEREAS, on May- 16, 2017, the City Council adopted Ordinance No. 2222 Amending Title 21 (Zoning Code) of the. Campbell Municipal Code to Adopt Provisions to Regulate the Installation and Operation of Collection Containers; WHEREAS, Ordinance No. 2222 provides for a requirement to obtain an annually renewable permit from the Community Development Department- prior to placement of a collection. container; WHEREAS, the City has prepared an analysis documenting the anticipated staff time necessary to review a Collection Container Permit application; and WHEREAS, it is in the public interest to balance the City's goal of cost recovery with the collection container operator's right to disseminate its message. NOW, THEREFORE, BE IT RESOLVED that the City .Council adopts the following Collection Container Permit Fee, to be included in the Fiscal Year 2017-2018 Schedule of Fees and Charges: Collection Container (CC) Permit (first four sites): $355 Additional Site(s) (same permit): $222/site CC Permit Renewal Request (first four sites): $255 Additional Site(s) (same request): $122/site PASSED AND ADOPTED this 18th day of July, 2017,. by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Elizabeth "Liz" Gibbons, Mayor ATTEST: Wendy Wood, City Clerk o~' ~aM~ MEMORANDUM ~ ~~. City of Campbell y~ ,;~ Planning Divisilon •~RCHAR~• - To: Jesse Takahashi, Finance Direc r Date: May 31, 2017 From: Daniel Fama, Senior Planner Subject: Proposed Fee -Collection Container Application On May 2, 2017, the City Council adopted an ordinance establishing standards and requirement for placement of collection containers. Among these- requirements is a need to obtain an annually renewable permit from the Community Development Department prior to placement of a collection container. Based on the fully burdened staff time of the Community Development Director, Executive Assistant, and Planner (average of the entire Planner series)-as established by the adopted Fee Schedule- the Planning Division recommends that the base application cost be $755 plus $222 per additional site (the ordinance allows applicants to submit for multiple collection containers under the same application), which would represent 100% cost recovery. Required Application-Tasks: Application Intake • $37 (15 Minutes -Planner) • $27 (15 Minutes -Executive Assistant) Application Review • $147 (1 Hour -Planner) + $74/additional site (30 Minutes.- Planner) Site Visit(s) • $147 (1 Hour -Planner) + $74/additional site (30 Minutes -Planner) Review Letter Preparation • $147 (1 Hour -Planner) + $74/additional site (30 Minutes -Planner) Approval Paperwork/File Closeout • $103 (30 minutes -Community Development Director) • $147 (1 Hour -Planner) Total Fee: $755 (base) + $222 per additional site Hourly Rates (Per Attached Fee Schedule): CDD Director - $206/hr. Executive Assistant - $107/hr. Average Planner Rate - $147/hr. Cit ®f Cann b~e/l ~ Communit Develo mint Fees For services rendered from finis of mobiilzation unlit time secured, includi ng salary, benefits end City wid® lndlrect cost allocation. FY 17* FY 17* FY 18* FY 18* Position Mourly Overtime Hourly Avertime ~ R R t _ _ ~ a e ® Rate e_~ Building Division Manager/Building Official $ 184.66 N / A $ 202 8 Building Insp®ctor 139.38 $ 208.07 . 2 159.95 N / A $ 217.61 Code Enforcem®nt Officer 131.52 197.26 147.88 200.64 Executive Assistant 107.10 160.65 119.31 160.90 Permit Technician ~ 100.59 150.89 115 72 165 83 Assistant Planner 138.87 208.31 . 138 36 . 187 77 Associate Planner 145.81 218.72 . 157.50 . 214.78 Senior Planner 160.00 240.00 176.20 241.16 $146.95 (Planner Series Average Rate) `Three Hour Mlnlmum for Overtime Call CD-Pg6of6 JUN/20/2017/TUE 12; 42 Plvi Tenax Lave Group FAX No, 510 234 6009 P, 002 ~~ J~ 145 PAR1i P11ACE, Si7ITE A ~c14'V ~' 1" O ~x p ~ ~i ATTORNEYS PQIN7.' RI 9Hll~Ip~7, C 9.9~80I ~vrcw.teuaxlawgroup.coin T' 510.234..~$OS F: ~10.23h.60o9 June 20, 2017 VIA Faesa'frzile and ~I.S 1~ail Fax: (831 } 576-2269 tiVilliam R. Seliginanzt,l/sq. City of Campbell, City Attorney's Office 333 Chinch Street, Suite A Santa Cruz, California 95060 lZe: Proposed UDB permit Application Fees Dear Mr. Seligmann: As you are aware, TE~A~ haw Cnoup, p.C. represents Recycle for Change, a 501(c)(3} nonprofit public benefit corporation. Otn' client maintains a number of tu~attended donation bins ("IJDBs") on a number of privately-owned parcels in cities throughout California, including in the City of Campbell. Thank you for yoLtr June 9, 2017 ezaail regarding the fees proposed under ordinance N~o. 2222. We acknowledge your statement that the i~enetival fee is intended to be for zrzultaple locations. however, the dt-igiz~ctl application fee zeraains unduly burdensome for UDB operators. The average ~C1DB provides approximately $400 in. income annually. The proposed application fee is approximately 1S8% of the annual income from a single UDB, plus almost 50% of the annual income from all TJDBs. The proposed fee structure would ensure that a UDB operator pays a significant percentage {well aver 50%) o£its first 2 years of income to the City. The reality of UDB operations is that sites are constantly changing, and UDB operators must find new site pasts to replace sites that are lost over time. Our client estimates that tlae average duration of a UDB placement is 4 years. The proposed fee structure, combined with the turnover effect, would make operation of UD13s economically unfeasible- The proposed fees impose afront-end burden that would not 'be offset by income from the typical UDB_ It '~v~ill likely end the practice of soliciting donated materials by way of UDB in Campbell. That is the zeason that we characterize the proposed fee structuUe as amounting to a de facto ban afUDBs. As we previously noted, the City of Campbell's own Planning Commission Staff' Report of Nlarch 28, 2017, took the position that an application for an Outdoor Seating permit "may be seen as a comparable application type" to a TJDB application. Staff noted that that the permit fee was $337 for an Outdoor Seating Permit. Again, the City of Milpitas charges less than $80 for a UDB application. .. of ' cgMn MEMORANDUM ~~~ e~ City of Campbell s~ ~;~ Planning Division ~ •~RCH AM1~' To: Jesse Takahashi, Finance Direct r Date: May 31, 2017 From: Daniel Fama, Senior Planner, Subject: Proposed Fee -Collection Container Application On May 2, 2017, the City Council adopted an ordinance establishing standards and requirement for placement of collection- containers. Among these requirements is a need to obtain an annually renewable permit from the Community Development Department prior to placement of a collection container. Based on the fully burdened staff time of the Community Development Director, Executive Assistant, and Planner (average of the entire Planner series)-as established by the adopted Fee Schedule- the Planning Division recommends that the base application cost be $755 plus $222 per additional site (the ordinance allows applicants to submit .for multiple collection containers under the same application), which would represent 100% cost recovery. Required Application Tasks: Application Intake • $37 (15 Minutes -Planner) • $27 (15 Minutes -Executive Assistant) Application Review • $147 (1 Hour -Planner) + $74/additional site (30 Minutes -Planner) Site Visit(s) • $147 (1 Hour -Planner) + $74/additional site (30 Minutes -Planner) Review Letter Preparation • $147 (1 Hour -Planner) + $74/additional site (30 Minutes -Planner) Approval Paperwork/File Closeout $103 (30 minutes -Community Development Director) $147 (1 Hour -Planner) Total Fee: $755 (base) + $222 per additional site Hourly Rates (Per Attached Fee Schedule): CDD Director - $206/hr. Executive Assistant - $107/hr. Average Planner Rate - $147/hr. C~Oo p~( Cify of Campbell ~ Community Development Fees 'For services rendered from time of mobilization unfil'time secured, includin g salary,, benefits and Citywide indirect cost allocation. FY 17* FY 17* FY 18* FY 18* Hourly Overtime Hourly Overtime Position Rate Rate Rate ~_~_ Rate Building Division Manager/Building Official $ 184.66 N / A $ 202.82 N / A Building Inspector 139.38. $ 209.07 159.95 $ 217.61 Code Enforcement Officer 131.52 197.28 147.88 200.64 Executive Assistant 107.10 160.65 119.31 160.90 Permit Technician 100.59 150:89 115.72 155..83 Assistant Planner 138.87 208.31 138.36 187.77 Associate Planner 145,81 218,72 157.50 214.78 Senior Planner 160.00 240.00 176.20 241.16 $146.95 (Planner Series Average Rate) `Three Hour Minimum for Overtime Call CD-Pg6of6 ` ' ~ ~t' State of California -Department of Fish and Wildlife ~~~ ~~ , ~'' 2016 ENVIRONMENTAL AILING FEE CASH RECEIPT DFW 753.5a (Rev. 12/15/15) Previously DFG 753.5a \.~ r STATE CLEARINGHOUSE NUMBER (If applicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. LEAD AGENCY LEADAGENCY EMAIL DATE CITY OF CAMPBELL 05/19/2017 COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER SANTA CLARA PROJECT TITLE COLLECTION CONTAINER ORDINANCE PROJECTAPPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF CAMPBELL (408) 866-2193 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 70 N 1ST ST. CAMPBELL CA 95008 PROJECT APPLICANT (Check appropriate box) ® Local Public Agency ~ School District ~ Other Special~District ~ State Agency ~ Private Entity CHECK APPLICABLE FEES: ^ Environmental Impact Report (EIR) $3,070.00. $ ^ Mitigated/Negative Declaration (MND)(ND) ~ $2,210.25 $ ^ Certified Regulatory Program document (CRP) $1,043.75 $ ®Exempt from fee ' ®Notice of Exemption (attach) ^ CDFW No Effect Determination (attach) ^ Fee previously paid (attach previously issued cash receipt copy) ^ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ ® County documentary handling fee $ $50.00 ^ Other $ PAYMENT METHOD: ^ Cash ^ Credit IgI Check ^ Other TOTAL RECEIVED $ 50.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE ~( Mike Louie, Deputy County Clerk-Recorder RECEIPT NUMBER: ENV20850 ORIGINAL -PROJECT APPLICANT COPY - CDFW/ASB COPY -LEAD AGENCY COPY -COUNTY CLERK DFW 753.5a (Rev. 20151215) i r County of Santa Clara Office of the Connty Clerk-Recorder Business Division ' County Government Center 70 West Hedding Street,~E. Wing, IS` Floor San Jose, California 95110 (408) 299-5688 CEQA DOCUMENT DECLARATION ENVIRONMENTAL FILING FEE RECEIPT PLEASE COMPLETE.THE FOLLOWING: 1. LEAD AGENCY: City of Campbell Santa Clara County -Clerk-Recorder Office ' State of California ~,Il~ G°U"''~ ~~ File Number: ENV20850 ~ ~ ,~o ENVIRONMENTAL FILING ~~_ ,. ~ ~ No. of Pages: 2 ~ ~ ~ E ~ Total Fees: $50.00 TA ~~' File Date: 05/19/2017 • Expires: 06/18/2017. REGINA ALCOIVIENDRAS, Clerk-Recorder By: Mike •Louie, Deputy Clerk-Recorder 2. PROJECT TITLE: Collection Container Ordinance 3. APPLICANT NAME: City Of Campbell PHONE: (408) 866-2193 4. APPLICANT ADDRESS: 70 N 1St St., Campbell, CA 95008 5. PROJECT APPLICANT IS A: l7 Local Public Agency ^ School District ^ Other Special District ^ State Agency ^ Private Entity 6. NOTICE TO BE POSTED FOR 30 DAYS. - 7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT ' a. PROJECTS THAT ARE SUBJECT TO DFG FEES ^ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §2'1152) $ 3,078.25 $ 0.00 ^ 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 2,216.25 $ 0.00 ^ 3. APPLICATION FEE WATER DIVERSION esrnTe wArea aesouacES coNrno~ eoaan oN~n $. 850.00 $ 0.00 ^ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,046.50 • $ 0.00 ^ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a~ ABOVE) $ 50.00 $ 0.00 Fish & Game Code §711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES ~ 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00 ^ 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH 8 GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT / . .. . PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE'"SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ^ ENVIRONMENTAL IMPACT REPORT ^ NEGATNE DECLARATION • $ 50.00 $ 0.00 ~-c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ^ NOTICE OF PREPARATION ^ NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: FEE (IF APPLICABLE): $ 9. TOTAL RECEIVED ......................................................................:...........................................:..................................... $ 50.00 `NOTE: "SAME PROJECT' MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT DETERMINATION" LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE ,;,., REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND TWO (2) COPIES. IF THERE ARE ATTACHMENTS, PLEASE PROVIDE THREE (3) SETS OF ATTACHMENTS FOR SUBMISSION. (YOUR ORIGINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE~MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish 8 Game Code /?711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. ' ... NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Code §711.4(c)(3) (Feea 6ifee0ve 01-01-20171 ORIGINAL .~` _ '. ~~.CA`~A © a:~~ G s .~ F G~ ~RCHARO CITY or CAMPBELL Community Development Department NOTICE OF EXEMPTION To: Office of Planning & Research From: City of Campbell 1400 Tenth Street, Room 121 70 N. First Street Sacramento, CA 95812-3044 Campbell, CA 95008 X County Clerk's Office Santa Clara County . 70 W. Hedding Street, .East Wing San Jose, CA 951.10 .Project Title: Zoning Code Amendment to adopt provisions to regulate the installation and operation of collection containers (donation bins) Project Location: City Wide - Description of Project: The proposed ordinance would establish new zoning provisions that would establish (1) allowable zoning districts for collection. containers, (2) provisions for location and placement of collection containers; (3) physical attribute requirements for collection containers, (4) provisions for maintenance and operation of collection containers, (5) permit requirements for collection containers, and (6) applicable enforcement provisions. Date of Approval: May 16, 2017 (effective June 15, 2017) Lead Agency: City ofCampbell Lead Agency Contact: Daniel Fama, Senior Planner -Community Development Department (408) 866-2193 / danielf@cityofcampbell.com Name of Applicant: City of Campbell Exempt Status (check one) Q Ministerial (Sec. 21080(b)(1); 15268); Q Declared Emergency (Sec. 21080(b)(3); 15269(a); Q Emergency Project (Sec. 21080(b)(4); 15269(b)(c); ~ CEQA Exemption (Sec. 15601.b.3) ~ Reasons why project is exempt: The proposed Text Amendment is exempt from the California Quality Act under Section 15601.b.3 because it has no potential for resulting in a physical change to the environment. Furthermore; no substantial evidence has been presented from which a reasonable argument could be made that shows that the project will have a significant adverse. impact on the. environment. This is to certify that the City of Campbell has deemed the above described project categorically. exempt from review under the California Environmental Quality Act. A record of the above described project is available to the general public at the Community Development Department, City of Campbell, 70 N. First Street, Campbg~l; CA 95008._ Signature:" / Date: ~ /~ 7 ~ Title: MEMORANDUM CITY OF CAMPBELL City Clerk's Office To: Daniel Fama, Senior Planner pate; May 18, 2017 From: Andrea Sanders, Deputy City Clerk Subject: Ordinance 2222 -Collection Containers At its regular meeting of May 18, 2017 City Council adopted Ordinance 2222 to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collections containers (donation bins). Ordinance 2222 becomes effective 30 days after adoption. A certified copy of Ordinance 2222 has been attached for your records. Ordinance No. 2222 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CERTAIN SECTIONS OF TITLE 21 OF THE CAMPBELL MUNICIPAL CODE RELATED TO THE REGULATION OF COLLECTION CONTAINERS The City Council of the City of Campbell does ordain as follows: SECTION 1. Location in C-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.040 is amended to read as follows, with strikeouts (°~r~'~) indicating.deleted text and underlining indicating new text: B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; 3. Catering business, only when ancillary to a restaurant; 4.Collection containers, small, subject to obtaining a permit pursuant to section 21.36.245; 4-.5. Dry cleaning; 5. 6. Grocery stores (under ten thousand square feet); 6. 7_Hardware stores (under ten thousand square feet); 7. 8_Laundromats, self-service; 8. 9_Libraries, public; 9. 10. Light rail passenger terminals; 10. 11. Meat markets; 11. 12. Offices, professional; 12. 13. Outdoor seating, when twelve total seats or less; 13. 14. Parking lots/structures, public; 14. 15. Personal services, general; . 15. 16. Pharmacies/drug stores; 16. 17. Photocopying; 17. 18. Photography studio/supply shop; 18. 19. Repair and maintenance, consumer products; 19. 20. Restaurants or cafes (excluding fast food or drive-ins); 20. 21. Retail stores, general merchandise; 21.22. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 22.23. Schools K-12, public; 23. 24. Shopping centers (under ten thousand square feet); 24. 25. Travel agencies; THE FOREGOING INSTRUMENT IS A TRUE 25. 26. Universities/colleges, public; AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: WENDY WOOD, CITY CLERK Page 1 of 19 C OF CAMPBE ca BY DATED ~ ~ ~ 26. 27. Vending machines; 27. 28. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). SECTION 2. Other Recycling Facilities in C-1 Zoninc~District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.040 is amended to read as follows, with strikeouts (st~ilc~s~ts) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities; 2. Arcades; 3. Broadcast and recording studios; 4. Commercial day care centers; 5. Commercial schools; 6. Community/cultural/recreational centers; 7. Convalescent/rest homes; 8. Convenience markets/stores; 9. Conversion, commercial converted from residence; 10. Dancing and live entertainment; 11. Emergency shelters; 12. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 13. Furniture, furnishings, and equipment stores (under ten thousand square feet); 14. Garden centers/plant nurseries; 15. Gasoline stations; 16. Government offices and facilities (local, state or federal); 17. Grocery stores (greater than ten thousand square feet); 18. Hardware stores (greater than ten thousand square feet); 19. Health/fitness centers; 20. Hotel; 21. Late night activities; 22. Liquor establishments; 23. Liquor stores; 24. Medical services, clinics; 25. Medical `services, extended care; 26. Motel; , 27. Museums, public; Page 2 of 19 28. Music (recordings) stores; 29. Outdoor seating, when more than twelve total seats; 30. Pet stores; 31. Philanthropic collection trailers; 32. Public assembly uses; 33. Public utility structures and service facilities; 34. Radio or television transmitters; 35. Recycling facilities -reverse vending machines, other than such machines with a permit issued pursuant to section 21.36.245; . 36. Recycling facilities -small collection facility, other than such facilities with a permit issued pursuant to section 21.36.245; 37. Restaurants with late night activities or banquet facilities; 38. Restaurants, fast food (with or without drive-in service); 39. Schools - K-12, private; 40. Shopping centers (greater than ten thousand square feet); 41. Spa services; 42. Studios, large; 43. Studios, small; 44. Tanning studios; 45. The use of any building that was constructed as a residential structure for a commercial or office use; 46. Transitional housing; 47. Tutoring centers, large 48. Tutoring centers, small 49. Universities/colleges, private; 50. Veterinarian clinics and animal hospitals; 51. Video rental stores; 52. Warehouse retail stores; 53. Wireless telecommunications facilities -non-stealth. SECTION 3. Location in C-2 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts (c~riLrj) indicating deleted text and underlining indicating new text: B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); Page 3 of 19 4. Banks and financial services; 5. Blueprinting shops; 6. Catering business, only when ancillary to a restaurant; 7.Collection containers, large. and small, subject to obtaining a permit pursuant to section 21.36.245; 8_Dry cleaning; 9_Furniture, furnishings, and equipment stores (greater than ten thousand square feet); ~9-: 10. Furniture, furnishings, and equipment stores (under ten thousand square feet); a-0-: 11. Garden centers/plant nurseries; 12. Grocery stores (under ten thousand square feet); ~? 13. Handicraft industries, small scale assembly; -1-~ 14. Hardware stores (under ten thousand square feet); a-4-. 15. Hotels; ~: 16. Laundromats, self-service; 17. Libraries, public; a-7: 18. Light rail passenger terminals; a-8- 19. Medical services, laboratories; ' ~: 20. Motels; ~9- 21. Offices, professional; 2~ 22. Outdoor seating, when twelve total seats or less; 2~ 23. Parking lots/structures, public; 24. Personal services, general; 25. Pharmacies./drug stores; ~-: 26. Photocopying; 27. Photography studio/supply shop; ~- 28. Repair and maintenance, consumer products; 28- 29. Restaurants or cafes (excluding fast food ordrive-ins).; 30. Retail stores, general merchandise; 30: 31. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 3-1- 32. Schools K-12, public; ~? 33. Shopping centers (under ten thousand square feet); 34. Travel agencies; 34-: 35. Universities/colleges, public; 36. Vending machines; ~: 37. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). Page 4 of 19 SECTION 4. Other Recycling Facilities in C-2 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts (c+riL~,,,~~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in C-2 (General Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities; 2. Alternative fuels and recharging facilities; 3. Arcades; ' 4. Banquet facilities; 5. Bed and breakfast inns (only in historic structures); , 6. Broadcast and recording studios; ' 7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom); 8. Cat and dog day care facilities; 9. Cat and dog grooming facilities; 10. Cat Boarding facilities; 11. Check cashing; 12. Commercial day care centers; 13. Commercial schools; 14. Community/cultural/recreational centers; 15. Convalescent/rest homes; 16. Convenience markets/stores; 17. Conversion, commercial converted from residence; 18. Dancing and live entertainment; 19. Department stores; 20. Drive-in theaters; 21. Emergency shelters; 22. Equipment rental establishments; 23. Gasoline stations; 24. Golf courses and golf driving ranges; 25. Government offices and facilities (local, state or federal); 26. Grocery stores (greater than ten thousand square feet); 27. Hardware stores (greater than ten thousand square feet); 28. Health/fitness centers; 29. Hospitals; 30. Indoor amusement/entertainment/recreation centers; 31. Late night .activities; Page 5 of 19 32. Liquor establishments (on-site consumption only); 33. Liquor stores (off-site consumption only); 34. Massage Establishments; 35. Medical services, clinics; 36. Medical services, extended care; 37. Miniature golf courses; 38. Motor vehicle -cleaning, washing, and detailing; 39. Motor vehicle -oil change facilities; 40. Motor vehicle -parts and supplies (very limited maintenance/installation); 41. Motor vehicle -renting and leasing; 42. Motor vehicle -sales (new and/or used); 43. Museums, public; 44. Music (recordings) stores; 45. Nightclubs with or without food service; 46. Outdoor active activities (e.g., drive-up windows); 47. Outdoor amusement/entertainment/recreation centers; 48. Outdoor retail sales and activities; 49. Outdoor seating, when more than twelve total seats; 50. Payday lender, subject to the requirements of section 21.36.260; 51. Personal services, limited; 52. Pet stores; 53. Pharmacies/drug stores, with drive-up service; 54. Philanthropic collection trailers; 55. Public assembly uses; 56. Public utility structures and service facilities; 57. Public works maintenance facilities and storage yards; 58. Radio or television transmitters; 59. Radio stations; 60. Recycling facilities -reverse vending machines, other than such machines with a permit issued pursuant to section 21.36.245; 61. Recycling facilities -small collection facility, other than such facilities with a permit issued pursuant to section 21.36.245; 62. Restaurants with late night activities or banquet facilities; 63. Restaurants, fast food (with or without drive-in service); 64.. Schools - K-12, private; 65. Second hand/thrift stores; 66. Shopping centers (greater than ten thousand square feet); 67. Sign shops; , 68. Spa services; Page 6 of 19 69. Studios, large; 70. Studios, small; 71. Tanning studios; 72. Theaters, movie or performing arts; 73. Transitional housing; 74. Tutoring center, large; 75. Tutoring center, small; 76. Universities/colleges, private; 77. Veterinary clinics and animal hospitals; 78. Video rental stores; 79. Warehouse retail stores; 80. Wireless telecommunications facilities -non-stealth. SECTION 5. Location in C-M Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.070 is amended to read as follows, with strikeouts (c+riL~^~J) indicating deleted text and underlining indicating new text: B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Artisan products, small-scale assembly; 2. Blueprinting shops; 3. Business support service; 4. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 4 5. Clothing products manufacturing; 6. Electronics and equipment manufacturing; B-: 7. Food and beverage product manufacturing.; 8. Furniture/cabinet shops; 9. Glass products manufacturing; ~9-: 10. Handicraft industries, small-scale assembly; a-A~: 11. Laundries/dry cleaning plants; 4~ 12. Light rail passenger terminals; ~.? 13. Machinery manufacturing; 14. Metal products fabrication; a-4: 15. Offices, professional; -1-a: 16. Paper products manufacturing; 17. Pharmaceutical manufacturing; 4~ 18. Plastics and rubber products; Page 7 of 19 19. Printing and publishing; 4~ 20. Research and development; 21. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); ~-1- 22. Sign manufacturing; ~..? 23. Textile products manufacturing; 24. Warehousing, wholesaling and distribution facility, incidental (less than fifty percent of floor area); 24- 25. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). SECTION 6. Location in M-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (c+riL~^p~y) indicating deleted text and underlining indicating new text: B. Permitted uses in M-1 (Light Industrial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service. 2. Artisan products, small-scale assembly. 3. Blueprinting shops. 4. Business support service. 5. Clothing products manufacturing. 6. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 6- 7. Electronics and equipment manufacturing. 8. Emergency shelters, only in that portion of the M-1 zone bounded generally by Camden Avenue, Los Gatos Creek County Park, Hacienda Avenue and Winchester Boulevard. ~: 9. Food and beverage product manufacturing. ~9-: 10. Furniture/cabinet shops. 4~ 11. Glass products manufacturing. 4~ 12. Handicraft industries, small-scale assembly. ~? 13. Laboratories. 14. Laundries/dry cleaning plants. a-4 15. Light rail lines. a-5-16. Light rail passenger terminals. 4~ 17. Lumber and wood products, including incidental mill work. 4~ 18. Machinery manufacturing. 19. Metal products fabrication. Page 8 of 19 ~9-: 20. Offices, professional. ~8-: 21. Paper products manufacturing. ~1- 22. Pharmaceutical manufacturing. 2z? 23. Plastics and rubber products. ~3- 24. Printing and publishing. ~¢ 25. Repair and maintenance, consumer products. ~-: 26. Research and development. 2~ 27. Rug and upholstery cleaning. 2-~- 28. Satellite television or personal Internet broadband dishes/antenna (less than 3 feet in diameter). 2~ 29. Sign manufacturing. ~- 30 Sign shops. 31. Textile products manufacturing. ~1- 32. Trucking/freight terminals. 33. Warehousing, wholesaling and distribution facility, incidental. 3~ 34. Warehousing, wholesaling and distribution facility, primary. 34- 35. Wireless telecommunications facilities-stealth (requires approval of a site and architectural review Permit). 35•: 36. Sexually oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code. SECTION 7. Other Recycling Facilities in M-1 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (c+riL~~~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit.in M-1 (Light Industrial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Ancillary retail uses serving industrial uses. 2. Ancillary retail operations associated with a lawfully established use which occupy no more than 25% of the use's existing floor area. 3. Alternative fuels and recharging facilities. 4. Broadcast and recording studios. 5. Building material stores/yards. 6. Caretaker/employee housing. 7. Cat and dog day care facilities. 8. Cat and dog grooming facilities. 9. Cat Boarding facilities. 10. Catering business. Page 9 of 19 11. Chemical products. 12. Construction equipment rentals. 13. Contractor's equipment yards. 14. Conversion, industrial converted from residence. 15. Dog Boarding facilities. 16. Emergency shelters, except as permitted in that portion of the M-1 zone described in Section 21.10.080(6)(7). 17. Government offices and facilities (local, State or federal). . 18. Health/fitness centers. 19. Late night activities. 20. Marine sales (new and used), with/without service facilities. 21. Motor vehicle-cleaning, washing, and detailing. 22. Motor vehicle-dismantling. 23. Motor vehicle-leasing. 24. Motor vehicle-oil change facilities. 25. Motor vehicle-painting. 26. Motor vehicle-renting. 27. Motor vehicle-repair and maintenance (minor and major/only within an enclosed structure). 28. Motor vehicle-repair and maintenance (minor/only within an enclosed structure). 29. Motor vehicle-sales (new and/or used). 30. Motor vehicle-tune-up. 31. Motor vehicle-tune-up-light duty only. 32. Motor vehicle-window tinting. 33. Outdoor storage. 34. Parking lots/structures, public. 35. Public assembly uses. 36. Public utility structures and service facilities. 37. Public works maintenance facilities and storage yards. 38. Radio or television transmitters. 39. Radio stations. 40. Recycling facilities -large collection facility, other than such facilities with a permit issued pursuant to section 21.36.245. 41. Recycling facilities -processing facility. 42. Restaurants or cafes (excluding fast food or drive-ins). 43. Storage facilities (one facility per every, five thousand people of the population). 44. Studios, large. ~~ 45. Studios, small. Page 10 of 19 46. Towing services. 47. Trailer sales (with or without service facilities). 48. Transitional housing. 49. Veterinary clinics and animal hospitals. 50. Wireless telecommunications facilities -non-stealth. SECTION 8. Addition to the Provisions Applying to Special Uses Section: Section 21.36.245 is added to Chapter 21.36 of the Campbell Municipal Code is added to read as follows, with underlining indicating new text: ~ . 21.36.245 Collection Containers. A.Purpose. The City has experienced a proliferation of Collection Containers and their placement in required parking stalls, required landscaped areas, in residential areas located in many zoning districts of city, often withoutproperty owner's permission. The proliferation of these containers in-and-of themselves contribute to visual clutter: and in areas throughout the State, collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. The purpose of these regulations is to promote the health, safety, and/or welfare of the public, and protect the property rights of the owners of parcels on which the collection containers are located, by providing minimum blight- related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, ~3) the collection containers are maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion of materials from landfills. This section regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes. B.Definition in Municipal Code. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 21.72.020 of the Municipal Code. C.Conflicting Provisions. Where a conflict exists between the regulations or requirements in this section and applicable regulations or requirements contained in other sections of the Campbell Municipal Code, the applicable regulations or requirements of this section shall prevail. D.Permit Requirements. . 1. Except as provided in paragraph 2 below, it is unlawful to place, operate, maintain or allow a collection container on any real property unless the property~owner Page 11 of 19 and operator of the collection container first obtain an annually renewable permit from the City. 2. Collection containers that satisfy the following standards are exempt from the permit requirements of this section: a. Collection containers that are located within an entirely enclosed and lawfully constructed and permitted building; or that otherwise cannot be seen from outside of the boundaries of the property on which the containers are located, provided that such collection containers satisfy the operational requirements set forth in subsections I through K' b. Cargo storage containers that are in compliance with section 21.36.050 of this Code; c. Refuse or recycling containers that comply with the provisions of Chapter 6.04 of this Code. 3.Approval of collection containers on more than one parcel may be sought in a single application. 4.An application for a collection container shall be processed as ministerial action in accordance with this section. The Community Development Director shall be the decision maker. E.Application Requirements. The permit application shall be made on a form provided by the Community Development Department, and shall include: 1. The signatures of the property owner and the operator, of the collection container, acknowledging that they~will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; 2. Anon-refundable application fee in an amount set by resolution of the City Council: 3. The name, address, email, website (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including 24-hour contact information; 4. A vicinity map showing (a) the proposed location of the collection containers; and (b) the distance between the site and all existing collection containers owned or controlled by the applicant within five-hundred feet of the proposed location for the collection containers: Page 12 of 19 5. Photographs of the location and adjacent properties; 6. A site plan containing: a. Location and dimensions of all parcel boundaries b. Location of all buildings; c. Proposed collection container location: d. Distance between the proposed collection container and parcel lines buildings; and e. Location and dimension of all existing and proposed driveways garages, carports, parking spaces, maneuvering aisles pavement and striping/marking; 7. Elevations showing the appearance, materials and dimensions of the collection container, including the information required in this section to be placed on the collection container and notice sign; 8. A description and/or diagram of the proposed locking mechanism of the collection container; 9. A maintenance plan (including graffiti removal, pick-up schedule and litter and trash removal on and around the collection containerl~ and 10.Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the reauirements of this section. F.Permit Expiration and Renewal. A permit issued under this section shall expire and become null and void annually on the anniversary of its date of issuance unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the Community Development Department, and shall include: 1. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; Page 13 of 19 2. Anon-refundable application fee in an amount set- by resolution of the City Council; 3. Photo ra hs of the location and ad~acent ro erties taken within ten da s of the submittal of the renewal application; 4. A detailed description of any information that is different from the information submitted on the previous application; and ` 5. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the~reguirements of this section. G.Decision on Application. 1.The Community Development Director shall approve or deny an application within sixty days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required sixty days, the application shall be deemed approved. 2.The Community Development Director shall approve the application if all of the following are true, otherwise the Director may deny the application: a.The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee; b.The property on which the collection container is to be located has been free of graffiti (as defined in subsection (e) of California Government Code section 53069.3 or any successor statute) for at least six months prior to the submission of the application; c.The property on which the collection container is to be located has been free of any conditions constituting a public nuisance (as defined in section 6.10.020 of this Code) for at least six months~prior to submission of the application; d.The applicant is neither currently in violation of, nor has been found in violation of this section or Chapter 6.'10 of this Code within one year prior to submission of the application; and e.The application will be in compliance with all of the applicable provisions of this section. 3.The Community Development Director shall mail written notice to the applicant of the Director's decision by First Class United States mail, addressed to the Page 14 of 19 applicant at the address provided on the application. If the application is denied or approved subiect to conditions, the notice shall set forth the reasons for the denial or conditions, as well as the facts supporting the Director's reasons 4.The decision of the Community Development Director shall be final and not subject to administrative appeal. H.Revocation. Any permit issued under this section may be revoked or modified as provided in Chapter 21.68 of this Code. (.Location of containers. 1.No large collection container shall be located outside of a C-2. C-M or M-1 zoning district. 2.No small collection container shall be_ located outside of a C-1 C-2 C-M or M- 1 zoning district. 3.No collection container shall be located within five-hundred feet from any other collection container except those described in paragraph 2 of subsection D of this section. 4.No collection container shall be located within three-hundred feet of a residentially zoned parcel. 5.No collection container shall be located on or within: a. The public right-of--way (including sidewalks)• b. Area designated for landscaping• 6. No collection container shall be located in or block or impede access to any' a. Reauired parking or driveway areas; b..Pedestrian routes; c.Emergency vehicle routes: d. Building ingress and egress: e. Required handicappedaccessibility routes; f. Required easements; or g.Trash enclosure areas'or access to trash bins or trash enclosures. h.Any place that would impede the functioning of exhaust ventilation or fire extinguishing systems. 7. No more than one collection container shall be located on anyparcel except for those described in paragraph 2 of subsection D of this section. Page 15 of 19 8,No large collection container shall be located within the designated setback space of any parcel. J.Physical Attributes. " 1.All collection containers, other than those described in paragraph 2 of subsection D of this section shall: a. Be fabricated of durable and waterproof materials; " b.Be placed on ground that is paved with a durable concrete surface and secured with appropriate supports, anchorages, or attachments; c.Have atamper-resistant locking mechanism for all collection openings; d. Not be electrically or hydraulically powered or otherwise mechanized; e. Not be considered a fixture of the site or an improvement to real propertLr.~ 2.A small collection container shall be no taller than seven feet above the finished grade of the parcel on which it is located. 3.Small collection containers shall have the following information conspicuously displayed in at least two-inch type visible from the fronton the collection container: a.The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b.The type of material that may be deposited; and c.A notice stating that no material shall be left outside the collection container. 4.Larae collection containers shall have the following information conspicuously displayed in at least four-inch type visible on all sides of the collection container: a.The name, address, 24-hour telephone number. and. if available. the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b.The type of material that may be deposited; c.A notice stating that no material shall be left outside the collection container; and ° d.A statement that no items may be left for collection unless an attendant is on duty. Page 16 of 19 K.Maintenance and Operation. 1.No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within twenty feet of any collection container. 2.Collection containers shall be maintained and in good working order and free from graffiti, removed or damaged signs and notifications, peeling paint rust and broken collection operating mechanisms. 3.Collection containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 6.10.020 of this Code. 4.The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints. 5.Any conditions that are in violation of this section must be remedied or abated ~. within forty-eight hours of being reported to the operator or property owner. Notice to the operator shall be provided telephone and/or email at the number or address that is required to be placed on the container pursuant to this Code section. Notice to the property owner shall be effective upon delivery of the notice by First Class United States Mail to the address listed on the last equalized County Assessor's role. 5.Collection containers cannot be used for'the collection of solid waste and/or any hazardous materials except as authorized by Chapter 6.04 of this Code or other applicable law. 6.The operators of the collection containers shall report all tonnage collected within ci limits on a annual basis by June 1St of the following year to the up blic works department (pursuant to the requirements of Integrated Waste Management Act. (AB 939. Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343. Statutes of 2008 fWiq„gins SB 10161 and SB 1016, the Per Capita Disposal Measurement System i) in order to properly account for the City of Campbell waste diversion and recycling efforts. 7. Large collection containers shall have an attendant present at the container at all times that items are being collected. SECTION 9: Definitions of Collection Container: The following definitions are added to subsection C of Campbell Municipal Code section 21.72.020 between the definitions of "child day care facilities" and "clothing products manufacturing" to read as follows, with underlining indicating new text: Page 17 of 19 "Collection container" means adrop-off box, container receptacle trailer or similar facility that accepts textiles, shoes, books and/or other salvageable items of personal property. "Collection container, small" means a collection container that occupies no more than eighty-four cubic feet. "Collection container, large" means a collection container that occupies more than eighty-four cubic feet. SECTION 10: Definition of Recycling Facilities: The definition of "recycling facilities" in subsection R of Campbell Municipal Code section 21.72.020 is amended to read as follows, with underlining indicating new text.and strikeouts (~+riL~,~~) indicating deleted text: "Recycling facilities" means *"in '°^~' ~ ~°° *~~^° i^^'~ ~~+°^ a variety of facilities involved with the collection, sorting, and processing of recyclable materials. 2~tei^°"„ ., ^°^*°r f^r . A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.. A recycling facility does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. 1. "Collection facilities (large and small)" means a center where the public may donate, redeem, or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: a. Large collection facilities which occupy an area of more than eight-four cubic 389 e feet, including but not limited to large collection containers and/or+e permanent structures;,.- b. Small collection facilities which occupy an area of ei ht -four cubic 35A-sq~afe feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 85 cubic 59-sq~a~e feet; a~ (3) Kiosk-type units, which may include permanent structures; and (4) Small collection container. c. Reverse vending machine(s); ~ ~ 2. "Processing facilities" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by means of baling, briquetting, cleaning, compacting, crushing, Page 18 of 19 flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types: a. Light processing facility occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact, or shred ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. 3. "Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. 4. "Reverse vending machines" means an automated mechanical device which accepts at least one or more types of empty beverage containers 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.' These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 85 cubic 5A-sq~a~r~feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. SECTION 10: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 16th day of May, 2017, by the following roll call vote: AYES: COUNCILMEMBERS: Landry, Waterman, Resnikoff NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gibbons ABSTAIN: COUN~CILMEMBERS: Cristina APPROVED: ~~ ' ~~~~~ Paul Resnikoff, Vice Mayor ATTEST: ,-, Wend ood, City Clerk Page 19 of 19 o~'~~ U r 0 0 ti,~. ti~ G • ~RCHAR~ City Council Report Item: Category: Date: s. Public Hearing May 2, 2017 TITLE Public Hearing to consider aCity-initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). (Introduction of Ordinance /Roll Call-Vote) RECOMMENDATION The Planning Commission recommends that the City Council take the following action: 1. Adopt the attached resolution (Attachment 1) finding that approval of the Zoning Code Amendment is exempt from CEQA and authorizing filing ~of a Notice of Exemption. 2. Take a first reading of the attached Ordinance (Attachment 2) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers. (donation bins). ENVIRONMENTAL DETERMINATION As based on staff's .analysis of the Initial Study- checklist, the Planning Commission recommends that the City Council find that adoption of the proposed ordinance is exempt from CEQA under Section 15061(b)(3) because it has no potential for resulting in a physical change to the environment. DISCUSSION Proposed Amendment: As discussed in the attached Planning Commission staff_report (reference Attachments 3) the proposed Zoning Code Amendment would enact a comprehensive ordinance 'regulating the installation and operation of collection containers (also known as donation bins).. Planning Commission Public Hearing: The Planning Commission held a public hearing on the proposed ordinance at its meeting of March 28, 2017. After-taking public comment and discussing the matter, the Commission adopted a resolution recommending (6-0-1, Commissioner Dodd absent) that the City Council adopt the draft ordinance with a minor revision to clarify that collection containers must be secured to the ground - with appropriate supports, anchorages, or attachments (reference Attachment 4 -Planning Commission Minutes). Public Comment: A letter from Tenax Law Group was received on the proposed ordinance (reference Attachment 5). A staff response to the letter is provided in the Planning Commission' Staff Report. City Council Report ~ May 2, 2017 -. Page 2 of 2 PLN2016-356 ~ Zoning Text Amendment (CMC Chapter 21 Zoning code) FISCAL IMPACT Permit_applications to allow for. placement of collection containers will encompass a fee commensurate with the staff time necessary to conduct an application review, perform a property inspection, etc. Code enforcement staff will be required to .enforce the new permit requirements. Once an initial enforcement sweep has been conducted, enforcement should be absorbed in the normal workload, which should. not be significantly impacted. Prepared by: Charlotte Andreen, Code Enforcement Officer Reviewed by: - ''f ~- Daniel Fama, Senior Planner Reviewed by: Paul KerYiioya~f, Community Development Director C~ ~ ~ ~~ ~~ Approved by: ~.. ~~~_1~~-~ -Brian Lowenthal, City Manager Attachments: 1. Draft Cify Council Resolution 2. Draft City Council Ordinance 3. Planning Commission Report, dated March 28, 2017 4. Planning Commission Minutes, dated March 28, 2017 5. Tenax Law Group Letter Attachment # 1 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL FINDING THAT A "CITY-INITIATED ZONING CODE AMENDMENT (PLN2016-356) TO AMEND TITLE 21 (ZONING CODE) OF THE CAMPBELL MUNICIPAL CODE TO ADOPT PROVISIONS TO REGULATE THE INSTALLATION AND OPERATION OF COLLECTION CONTAINERS IS EXEMPT FROM REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND AUTHORIZING FILING OF A NOTICE OF EXEMPTION. After riotificafion and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City .Council finds as follows with regard with regard to file number PLN2016-356: 1. The project consists of a Zoning Code Amendment.("proposed ordinance") fo amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). 2. The City has experienced a proliferatioh of collection container and their. placement in required parking .stalls; required landscaped areas, in residential areas located in many zoning districts of city, often without property owner's permission. The proliferation of these .containers in-and-of themselves contribute to visual clutter; and in .areas throughout the State, collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection„ containers. They can also interfere with the proper collection. of data concerning the diversion of waste within the City from landfills. 3. The proposed ordinance would establish new .zoning provisions that would establish (1) allowable zoning districts for collection containers, (2) provisions for location and placement of collection containers, (3) physical attribute requirements for collection containers, (4) provisions for maintenance and operation of collection containers, (5) permit requirements for collection containers, and (6) applicable enforcement provisions. 4. The purpose of the proposed ordinance is to promote the health, safety, and/or welfare of the public, and protect the property rights of the owners of the parcels on which the e collection containers are located, by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, (3) the collection containers are' maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion of materials from landfills. City Council Resolution Page 2 Finding the Proposed Zoning Text Amendment Exempt from CEQA File No.: PLN2016-356 5. The City's preliminary review of the Zoning Code Amendment, pursuant to Section 15060 of the CEQA Guidelines, has found that placement of collection containers, as subject to the new zoning provisions and requirements, would not have any direct or indirect impact to aesthetic resources, agricultural or forestry resources, air quality, biological resources, cultural resources, geology ;or: soils; greenhouse gas emissions, hazards or hazardous materials, hydrology or water quality, land use or planning, mineral resources, noise, population or housing, -public services, recreation, transportation or traffic, or utilities or service systems. 6. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, projects may be found exempt from formal environmental review if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it .can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; the activity is not subject to CEQA. Based upon the foregoing findings of fact, the City Council further finds and concludes that:... , . 1. The proposed .Zoning Code Amendment has no potential for causing a significant effect on the environment; 2. It can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment would have a significant effect on the environment; and 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council finds that the City-initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers is exempt from review under the California Environmental Quality Act (CEQA) and authorizing filing of a notice of exemption (attached Exhibit A). PASSED AND ADOPTED this 2nd day of May, 2017, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Elizabeth "Liz" Gibbons, Mayor ATTEST: Wendy Wood, City Clerk Uf•C~1,Lt ~~ ~r 4 { U 4 y ~ •• .c .. .. .GkCH:lRO•" CITY OF CAMPBELL Community Development Department NOTICE OF EXEMPTION EXHIBIT A To: Office of Planning & Research Froth: City of Campbell 1400 Tenth Street, Rootn 121 70 N. First Street Sacramento, CA 95812-3044 Campbell, CA 95008 X County Clerk's Office Santa Clara County 70 W. Hedding Street, East Wing San Jose, CA 95110 Project Title: Zoning Code Amendment to adopt provisions to regulate the installation and operation of collection containers (donation bins) Project Location: City Wide Description of Project: The proposed ordinance would establish new zoning provisions that would establish (1) allowable zoning districts for collection containers; (2) provisions for location and placement of collection containers, (3) physical attribute requirements for collection containers, (4) provisions for maintenance and operation of collection containers, (5) permit requirements for collection containers, and (6) applicable enforcement provisions. Date of Approval: May 16, 2017 (effective June 15, 2017) Lead Agency: City of Campbell Lead Agency Contact: Daniel Fama, Senior Plannet• -Community Development Department (408) 866-2193 / danielf@cityofcampbell.com Name of Applicant: City of Campbell , Exempt Status (check one) . Q Ministerial (Sec. 21080(b)(]); 15268); Q Declared Emergency (Sec. 21080(b)(3); 15269(a); Q Emergency Project (Sec. 21080(b)(4); 15269(b)(c); ~ CEQA Exemption (Sec. 15601.b.3) Reasons why project is exempt: The proposed Text Amendment is exempt froth the California Quality Act undet• Section 15601.b.3 because it has no potential for resulting in a physical change to the environment. Furthermore, no substantial evidence has been presented. from which a reasonable argument could be made that shows that the pt•oject will have a significant adverse impact on the.environment. This is to certify that the City of Campbell has deemed the' above described project categorically exempt from review under the California Environmental Quality Act. A record of the above described project is available to the general ptablic at the Community Development Department, City of Campbell, 70 N. First Street, Campbell, CA 95008. Signature: Date: Title: Senior Planner Attachment # 2 Ordinance No. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, AMENDING CERTAIN SECTIONS OF TITLE 21 OF THE CAMPBELL MUNICIPAL CODE RELATED TO THE REGULATION OF COLLECTION CONTAINERS The City Council of the City of Campbell does ordain as follows: SECTION 1. Location in C-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.040 is amended to read as follows, with strikeouts (~eo~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; - 3. Catering business, only when ancillary to a restaurant; 4. Collection containers, small, subject to obtaining a permit pursuant. to section 21.36.245; . 4-.5. Dry cleaning; 6. Grocery stores (under ten thousand square feet); 8- 7. Hardware stores (under ten thousand square feet); . ~- 8. Laundromats, self-service; 9. Libraries, public; g- 10. Light .rail, passenger terminals; ~-9: 11. Meat markets; _ 4-1-12. Offices, professional; ~? 9 3. Outdoor seating, when twelve total seats or less; ~3- 14. Parking lots/structures, public; a-4-15. Personal services, general; 4~ 16. Pharmacies/drug stores; -a-t}: 17. Photocopying; a-x-.18. Photography studio/supply shop; a-x-19. Repair and maintenance, consumer products; 4$ 20. Restaurants or cafes (excluding fast food or drive-ins); ~9: 21. Retail stores, general merchandise; 2~ 22. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 2z? 23. Schools K-12, public; 24. Shopping centers {under ten thousand square feet); ~4- 25. Travel agencies; ~- 26. .Universities/colleges,-public; Page 1 of 19 ~- 27. Vending machines; 28. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). SECTION 2. Other Recycling Facilities in C-1 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.040 is amended to read as follows, with strikeouts (c+riL~'crTrcu°-vui~) indicating deleted text and underlining indicating new .text: C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities; 2. Arcades; 3. Broadcast and recording studios; 4. Commercial day care centers; 5. Commercial schools; 6. Community/cultural/recreational centers; 7. Convalescent/rest homes; 8. Convenience markets/stores; 9. Conversion, commercial converted from residence; 10. Dancing and live entertainment; 11. Emergency shelters; . 12. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 13. Furniture, furnishings, and equipment stores (under ten thousand square feet); 14. Garden centers/plant nurseries; 15. Gasoline stations; 16. Government offices and facilities (local,, state or federal); 17. Grocery stores (greater than ten thousand square feet); 18. Hardware stores (greater than ten thousand square feet); 19. Health/fitness centers; 20. Hotel; 21. Late night activities; 22. Liquor establishments; 23. Liquor stores; 24. Medical services, clinics;. 25. Medical services, extended care; 26. Motel; - 27. Museums, public; _ _ Page Z of 19 28. Music (recordings) stores; -. 29. Outdoor seating, wheri more than twelve total seats; 30. Pet stores;. 31. Philanthropic collection trailers; 32. Public assembly uses; 33. Public, utility structures and service facilities; 34. Radio or television transmitters; . 35. Recycling facilities -reverse vending machines, other than such machines with a permit issued pursuant to section 21.36.245; 36. Recycling facilities -small collection facility, other than such facilities with a hermit issued pursuant to section 21.36.245; 37. Restaurants with late night activities or banquet facilities; 38. Restaurants, fast food (with or without drive-in service); 39. Schools - K-12; private; 40. Shopping centers (greater than ten thousand square feet}; 41. Spa services; - 42. Studios,- large; 43. Studios, small; - -- 44. Tanning studios; 45. The use of any building that was constructed as a residential structure for a commercial or office use; 46. Transitional housing; 47. Tutoring centers, large 48. Tutoring centers, small - - 49. Universities/colleges, private; 50. Veterinarian clinics and animal hospitals; 51. Video rental stores; 52. Warehouse retail stores; 53. Wireless telecommunications facilities -non-stealth. SECTION 3. Location in C-2 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts (c*r~'~~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. ,Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); Page 3 of 19 4.~ Banks and financial services; 5. Blueprinting shops; 6. Catering business, only .when ancillary to a restaurant; 7. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; _ 8. Dry cleaning; 9. Furniture, furnishings, and equipment stores (greater than ten thousand square_feet); x-10. Furniture, furnishings, and equipment stores (under ten thousand square - feet); a-8-11. Garden centers/plant nurseries; -a-12. Grocery stores (under ten thousand square feet); - ~? 13. Handicraft industries, small scale assembly; 4~ 14. Hardware stores (under ten thousand square feet); ~-4-15. Hotels; . 4~ 16. Laundromats, self-service; _ a-6-17. Libraries; public; 4~ 18. Light rail passenger terminals; ~- 19. Medical services, laboratories; ~-8- 20. Motels; ~8- 21. Offices, professional; 22. Outdoor seating, when twelve total seats or less; 2Z? 23. Parking lots/structures, public; ~3- 24. Personal services, general; ~4-: 25. Pharmacies/drug stores; ~-: 26. Photocopying; - 2~: 27. Photography studio/supply shop; ~- 28. Repair and maintenance, .consumer products; 29. Restaurants or -cafes (excluding fast food or drive-ins); 2-~ 30. Retail stores, general merchandise; 39-: 31. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 3~ 32. Schools K-12, public; _ 3~ 33. Shopping centers (under ten thousand square feet}; 33-34. Travel agencies; 34 35. Universities/colleges, public; ~-: 36. Vending machines; 35-: 37. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). Page 4 of 19 SECTION 4. Other Recycling Facilities in C-2 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts {°}r~'~,-~~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in C-2 (General, Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities; - 2. Alternative fuels and recharging facilities; 3. Arcades; 4. Banquet facilities; 5. Bed and breakfast inns (only in historic structures); _ - 6. Broadcast and recording studios; - 7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom); 8. Cat and dog day care facilities; 9. Cat and dog grooming facilities; 10. Cat Boarding facilities; _ 11. Check cashing,; 12. Commercial day care centers; 13. Commercial schools; 14. Community/cultural/recreational centers; 15. Convalescent/rest homes; 16. Convenience markets/stores; 17. Conversion, commercial converted from residence; 18. Dancing and live entertainment; 19. Department stores; 20. Drive=in theaters; 21. Emergency shelters; 22. Equipment rental establishments; 23. Gasoline stations; ' 24. Golf courses and golf driving ranges; 25. Government offices and facilities (local, state or federal); 26. Grocery stores (greater than ten thousand square feet); 27. Hardware stores (greater than ten thousand square feet);. 28. Health/fitness centers; - 29. Hospitals; 30. Indoor amusement/entertainment/recreation centers; 31. Late night activities; - Page 5 of 19 32. Liquor establishments (on-site consumption only); 33. Liquor stores (off-site consumption only); 34. Massage Establishments; 35. Medical services, clinics; 36. Medical services, extended care; 37. Miniature golf courses; 38. Motor vehicle -cleaning, washing, and detailing; 39. Motor vehicle -oil change facilities; 40. Motor vehicle -parts and supplies (very limited maintenance/installation); 41. Motor vehicle -renting and leasing; 42. Motor vehicle -sales (new and/or used); 43. Museums, public; 44. Music (recordings) stores; 45. Nightclubs with or without food service; 46. Outdoor active activities (e.g., drive-up windows); 47. Outdoor amusement/entertainment/recreation centers; 48. Outdoor retail sales and activities; 49. Outdoor seating, when more than twelve total seats; 50. Payday lender, subject to the requirements of section 21.36.260; 51. Personal services, limited; 52. Pet stores; 53. Pharmacies/drug stores, with drive-up service; 54. Philanthropic collection trailers; 55. Public assembly uses; 56. .Public utility structures and service facilities; 57. Public works maintenance facilities and storage yards; 58. Radio or television transmitters; 59. Radio stations; 60. Recycling facilities -reverse vending machines, other than such machines with a permit issued pursuant to section 21.36.245; 61. Recycling facilities -small collection facility, other than such facilities with a permit issued pursuant to section 21.36.245; 62. Restaurants with late night activities or banquet facilities; 63. Restaurants, fast food (with or without drive-in service); 64. Schools - K-12, private; 65. Second hand/thrift stores; 66. Shopping centers (greater than ten thousand square feet); 67. Sign shops; 68. Spa services; Page 6 of 19 69. Studios, large; 70. Studios, small; .~ 71. Tanning studios; 72. Theaters, movie or performing arts; 73. Transitional housing; 74. Tutoring center, large; 75. Tutoring center, small; 76. Universities/colleges, private; 77. Veterinary clinics and animal hospitals; 78. Video rental stores; 79. Warehouse retail stores; 80. Wireless telecommunications facilities -non-stealth. SECTION 5. Location in G-M Zonin~District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.070 is amended to read as follows, with strikeouts (~*r~~~~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Artisan products, small-scale assembly; 2. Blueprinting shops; 3. Business support service; 4. Collection containers large and small, subject to obtaining a permit pursuant to section 21.36.245; 4-. 5. Clothing products manufacturing; 5: 6. Electronics and equipment manufacturing; 7. Food and beverage product manufacturing; _ 7- 8. Furniture/cabinet shops; 9. Glass products manufacturing; ~9-: 10. Handicraft industries, small-scale assembly; a-9-11. Laundries/dry cleaning plants; 44-12. Light rail passenger terminals; 4z? 13. Machinery manufacturing; 4~ 14. Metal products fabrication; 44-. 15. Offices, professional; 45-16. Paper products manufacturing; 17. Pharmaceutical manufacturing; 4~ 18. Plastics and rubber products; Page 7 of 19 x-19. Printing and publishing; ~: 20. Research and development; ~9- 21. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 2-1- 22. Sign manufacturing; ~? 23. Textile products manufacturing; ~- 24. Warehousing, wholesaling and distribution facility, incidental (less than fifty percent of floor area); - ~4- 25. Wireless telecommunications facilities - stealth (requires approval of a site and architectural review permit). SECTION 6. Location in M-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (°+r~'~~~) indicating deleted text and underlining indicating new text: B. Permitted uses in M-1 (Light Industrial) zoning district. The.following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service. 2. Artisan products, small-scale. assembly. 3. Blueprinting shops: 4. Business support service. 5. Clothing products manufacturing. 6. Collection containers, large and small, subject to obtaining~ermit pursuant to section 21.36.245; 6~.- 7. Electronics and equipment manufacturing. ~ _ 8. Emergency shelters, only in that portion of the M-1 zone bounded generally by Camden Avenue, Los Gatos Creek County Park, Hacienda Avenue and Winchester Boulevard. 9. Food and beverage product manufacturing: 10. Furniture/cabinet shops. ~-9-: 11. Glass products manufacturing. a--1- 12. Handicraft industries, small-scale assembly. ~- 13. Laboratories. 14. Laundries/dry cleaning plants. ~-4 15. Light-rail lines. - 4~: 16. Light rail passenger terminals. 17. Lumber and wood products, including incidental mill work. 4~ 18. Machinery manufacturing. 19. Metal products fabrication. Page 8 of 19 ~9: 20. Offices, professional. ~9--21. Paper products manufacturing. ~: 22. Pharmaceutical manufacturing. ~- 23. Plastics and rubber products. ~3: 24. Printing and. publishing. ~4-~ 25. Repair and maintenance, consumer products. 26. Research and development. 27. Rug and upholstery cleaning. 28. Satellite television or personal Internet broadband dishes/antenna (less than 3 feet in diameter). ~- 29. Sign manufacturing. ~-: 30 Sign shops. 38: 31. Textile products manufacturing. 3'1~- 32. Trucking/freight terminals. _ _ ~? 33. Warehousing, wholesaling and distribution facility, incidental. . 33: 34. Warehousing, wholesaling and distribution facility, primary. ~4: 35. Wireless telecommunications facilities-stealth (requires approval of a site and architectural review Permit). 35. 36. Sexually oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code: SECTION 7. Other Recycling Facilities in M-1 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (c+riL~~s) indicating deleted text and underlining indicating new text: C. Uses allowed-with conditional use permit in M-1 (Light Industrial) zoning district. The following uses are permitted with a conditional use permit in _ . compliance with Chapter 21_:46 (Conditional Use Permits): 1. Ancillary retail uses serving industrial uses: 2. Ancillary retail operations associated with a lawfully established use which occupy no more than 25% of the use's existing floor area. 3. Alternative fuels and recharging facilities. 4. Broadcast and recording studios. 5. Building material stores/yards. 6. Caretaker/employee housing. 7. Cat and dog day care facilities. 8. Cat and dog grooming facilities. 9. Cat Boarding facilities. - _ 10. Catering business. Page 9 of 19 11. Chemical products. 12. Construction equipment rentals. 13. Contractor's equipment yards. 14. Conversion, industrial converted from residence. 15: Dog Boarding facilities. 16. Emergency shelters, except as permitted in that portion of the M-1 zone described in Section 21.10.080(B)(7). ~ . - ~ 17. Government offices and facilities (local, State or federal). 18. Health/fitness centers. 19. Late night activities. 20. Marine sales (new and used), with/without service facilities. 21. Motor vehicle-cleaning, washing, and detailing. 22. Motor vehicle-dismantling. 23. Motor vehicle-leasing. 24. Motor vehicle-oil change facilities. 25. Motor vehicle-painting. 26. Motor vehicle-renting. " 27. Motor vehicle-repair and maintenance (minor and major/only within an ,enclosed structure). . 28. Motor vehicle-repair and maintenance (minor/only within an enclosed structure). 29. Motor vehicle-sales (new and/or used). 30. Motor vehicle-tune-up. 31. Motor vehicle-tune-up-light duty only. 32. Motor vehicle-window tinting. 33. Outdoor storage. ._ 34. Parking lots/structures, public. 35. Public assembly uses. 36. Public utility structures and service facilities. 37. Public works maintenance facilities and storage yards. 38. Radio or television transmitters. 39. Radio stations. 40. Recycling facilities -large collection facility. other than such facilities with a permit issued pursuant to section 21.36.245. 41. Recycling facilities -processing facility. 42. Restaurants or cafes (excluding fast food or drive-ins). 43. Storage facilities (one facility per every five thousand people of the population). 44. Studios, large. 45. Studios, small. Page 10 of 19 46. Towing services. 47. Trailer sales (with or without service facilities). _ 48. Transitional housing. 49. Veterinary clinics and animal hospitals. 50. Wireless telecommunications facilities -non-stealth. SECTION 8. Addition to the Provisions Applying to Special Uses Section: Section 21.36.245 is added to Chapter 21.36 of the Campbell Municipal Code is added to read as follows, with underlining indicating new text: 21.36.245 Collection Containers. A Purpose. The City has experienced a proliferation of Collection Containers and their placement in required parking stalls required landscaped areas in residential areas located in many zoning districts of city, often without property owner's permission. The proliferation of these containers in-and-of themselves contribute to visual -clutter; and in areas throughout the State collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. The purpose of these regulations is to promote the Ith. safety. and/or welfare of the public; and protect the of parcels on which the collection containers are located, by providing minimum blight- related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers (2) the collection containers remain free of Graffiti and blight, (3) the collection containers are maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion~of materials from landfills. This section regulates the size number placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes. . B. Definition in Municipal Code. As used herein, the terms and phrases shall have the same meaninG as defined in Chapter 21.72.020 of the Municipal Code. C. Conflicting Provisions. Where a conflict exists between the regulations or requirements in this section and applicable regulations or requirements contained in other sections of the Campbell Municipal Code, the applicable regulations or requirements of this section shall prevail. D. Permit Requirements. 1. Except as provided in paragraph 2 below, it is unlawful to place, operate, maintain or allow a collection container on any real property unless the property owner Page 11 of 19 and operator of the collection container first-obtain an anriually renewable permit from the City• 2 Collection containers that satisfy the following standards are exempt from the permit requirements of this section: - a. Collection containers that are located within an entirely enclosed and - lawfully constructed and permitted building, or that otherwise cannot be seen from outside of the boundaries of the property on which the containers. are located provided that such collection containers satisfy the operational requirements set forth in subsections I through K; b. Cargo storage containers that are in compliance with section 21.36.050 of this Code; c. Refuse or recycling containers that comply with the provisions of Chapter 6.04 of this Code. 3. Approval of collection containers on more than one parcel may be sought in a single application. 4. An application fora collection container shall.be.processed as ministerial action in accordance-with this section. The Community Development Director shall be the decision maker. E. Application Requirements. The permit application shall be made on a form provided by the Community Development Department, and shall include: . The signatures of the property owner and the operator of the collection container acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; 2. Anon-refundable application fee in an amount set by resolution of the City Council; 3. The name address, email, website (if available) and telephone number of the _ ~ operator of the collection container and property owner on which the collection container is to be located, including 24-hour contact information; 4. A vicinity map showing (a) the proposed location of the collection containers; and (b) the distance between the site and all existing collection containers .. _ owned or controlled by the applicant within five-hundred feet of the proposed location for the collection containers; Page 12 of 19 5. Photographs of the location and adjacent properties; 6. A site plan contairiinq: a. Location and dimensions of all parcel boundaries; . b. Location of all buildings; c. Proposed collection container location; d. Distance between the proposed collection container and parcel lines buildings; and e. Location and dimension of all existing and proposed driveways, aarages carports, parking spaces, maneuvering aisles, pavement and striping/marking; - " 7. Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the collection container and notice sign; 8. A description and/or diagram of the proposed locking mechanism of the collection container;. - 9. A maintenance plan (includingrgraffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and 10.Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section. ~ - F. Permit Expiration and Renewal. A permit issued under this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the Community Development . Department, and sha[I include: 1. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; " Page 13 of 19 2. Anon-refundable application fee in an amount set by resolution of the City Council; 3. Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application; 4. A detailed description of any information that is different from the information submitted on the previous application; and 5. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section. G. Decision on Application. 1. The Community Development Director shall approve or deny an application within sixty days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required sixty days, the application shall be deemed approved. 2. The Community Development Director shall approve the application if all of the followirig are true, otherwise the Director may deny the application: a. The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee; b. The propefir on which the collection container is to be located has been free of graffiti (as defined in subsection (e) of California Government Code section 53069.3 or any successor statute) for at least six months prior to the submission of the application; _ . c. The property on which:the collection container is:to be located has been free of any conditions constituting a public nuisance (as defined in section 6.10.020 of this Code) for at least six months prior to submission of the application; d. The applicant is neither currently in violation of. nor has been found in violation of this section or Chapter 6.10 of this Code within one year prior to submission of the application; and e. The application will be in compliance with all of the applicable provisions of this section. 3: The Community Development Director shall mail written notice to the applicant of the Director's decision by First Class United States mail, addressed to the Page 14 of 19 applicant at the address provided on the application. If the application is denied or approved subject to conditions the notice shall set forth the reasons for the denial or conditions as well as the facts supporting the Director's reasons. . 4 The decision of the Community Development Director shall be final, and not subject to administrative appeal. H. Revocation. Any permit issued under this section may be revoked or modified as provided in Chapter 21.68 of this Code. I. Location of containers. ~ . 1. No large collection container shall be located outside. of a C-2, C-M or M-1 zoning district. 2 No small collection container shall be located outside of a C-1, C-2, C-M or M- 1 zoning district. 3. No collection container shall be located within five-hundred feet from any other collection container, except those described in paragraph 2 of subsection D of this section. 4. No collection container shall be. located within three-hundred feet of a residentially zoned parcel. 5. No collection container shall be located on or within: a. The public right-of-way (includirig sidewalks); b. Area designated for landscapingi 6. No collection container shall be located in or block or impede access to any:. a. Reauired parking or driveway areas; b. Pedestrian routes; c. Emergency vehicle routes; d. Building ingress and egress; e. Required handicapped accessibility routes; f. Required easements; or a. Trash enclosure areas or access to trash bins or trash enclosures. h. Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems. 7. No more than one collection container shall be located on any parcel, except ,- for those described in paragraph 2 of subsection D of this section. Page 15 of 19 8. No large collection container shall be located within the designated setback space of any parcel. , J. Physical Attributes. 1. All collection containers, other than those described in` paragraph 2 of subsection D of this section shall: a. Be fabricated of durable and waterproof materials; b. Be placed on ground that is paved with a durable concrete surface and secured with appropriate supports; anchorages, or attachments; c. Have stamper-resistant locking mechanism for all collection openings; d. Not be electrically or hydraulically powered or otherwise mechanized; e. Not be considered a fixture of the site or an improvement to real property. , -- 2. A small collection container shall be no taller than seven feet above the finished grade of the parcel on which it is located. 3. Small collection containers shall have the following information conspicuously displayed in at least two-inch type visible from the front on the collection container: - a. The. name; address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b. The type of material that may be deposited; and c. A notice stating that no material shall be left outside the collection container. 4. Large collection containers shall have the following information conspicuously displayed in at least four-inch type visible on all sides of the collection container: a. The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b. The type of material that may be deposited; c. A notice stating that no material shall be left outside the collection container: and d. A statement thaf no items may be left for collection unless an attendant is bn duty. Page 16 of 19 K. Maintenance and Operation. 1. No overflow collection items, litter, debris or dumped- materials shall be allowed to accumulate within twenty feet of any collection container. 2..Collection containers shall be maintained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms. - 3. Collection containers shall be serviced- not less than weekly between 7:00 a.m: and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 6.10.020 of this Code. 4. The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints. 5. Any conditions that are in violation of this section must be remedied or abated within forty-eight hours of being reported to the operator or `property owner. Notice to the operator shall be provided telephone and/or email at the number or address that is required to be placed on the container pursuant to this Code section: Notice to the property owner shall be effective upon delivery of the notice by First Class United States Mail to the address listed on the last equalized County Assessor's role. 5. Collection containers .cannot be used for the collection of solid waste and/or any hazardous materials except as authorized by Chapter 6.04 of this Code or other applicable law. 6. The operators of the collection containers shall report all tonnage collected within city limits on a annual basis by June 1St of the following year to the public works department (pursuant to the requirements of Integrated Waste Management Act, (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 (Wiggins, SB 10161 and SB 1016, the Per Capita Disposal Measurement System i) in order to properly account for the City of Campbell waste diversion and recycling efforts. 7. Large collection containers shall have an attendant present at the container at all times that items are being collected. SECTION 9: Definitions of Collection Container: The following definitions are added to subsection C of Campbell Municipal Code section 21.72.020 between the definitions of "child day care facilities" and "clothing products manufacturing" to read as follows, with underlining indicating new text: Page 17 of 19 "Collection container" means adrop-off box container, receptacle, trailer or similar " facility that accepts textiles shoes books and/or other salvageable items of personal property. "Collection container small" means a collection container that.occupies no more than eighty-four cubic feet. "Collection container large" means a collection container that occupies more than eighty-four cubic feet. _ SECTION 10: Definition of Recycling Facilities:.The definition of "recycling facilities" in subsection R of Campbell Municipal Code section 21.72.020 is amended to read as follows, with underlining indicating new text and strikeouts (~+~~'~~~) indicating deleted text: "Recycling facilities" means +"; '°n.+ ~, ° +"^° ;^^'~,.+°° a variety of facilities involved with the collection, sorting, and processing of recyclable materials. . A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include_storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. 1. "Collection facilities (large and small)" means a center where the public may donate, redeem, or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: " a. Large collection facilities which occupy an area of more than eight-four cubic 3a9 s~+afe feet, including tint not limited to large collection containers and/or e permanent structuresi- b. Small collection facilities which occupy an area of eighty-four cubic ~~9-sc~afe feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 85 cubic ~9-sq~afe feet; a-~ (3) Kiosk-type units, which may include permanent structures; and (4) Small collection container. c. Reverse vending machine(s); 2. "Processing facilities" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by means of baling, briquetting, cleaning, compacting, crushing, Page 18 of 19 flattening, grinding, .mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types: a. Light processing facility occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting; crushing, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact, or shred ferrous metals other than food, and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. . 3. "Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. 4. "Reverse vending machines" means an automated mechanical device which accepts at least one or more types of empty beverage containers 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. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. ~ - Abulk reverse vending machine is a reverse vending machine that is larger than 85 cubic ~9-sq~a~~ feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. SECTION 10: This Ordinance sha11 become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the~Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Glara. PASSED AND ADOPTED this 2nd day of May, 20.17, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Elizabeth "Liz" Gibbons, Mayor ATTEST: Wendy Wood, City Clerk Page 19 of 19 Attachment # 3 Item No. 2 of ' ~AM~ ~~ e~, CITY OF CAMPBELL • PLANNING COMMISSION ° Staff Report • March 28, 2017 i ~ f G OR~N ^Rp' PLN2016-356 Public Hearing to consider aCity-initiated Zoning Code Amendment City-initiated (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Text Amendment Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). STAFF RECOMMENDATION Adopt a resolution, recommending that the City Council adopt the attached draft ordinance to amend Title 21 (Zoning Code) of the Campbell Municipal Code establishing provisions to regulate the installation and operation of collection containers (donation bins). ENVIRONMENTAL DETERMINATION Modifications to the Zoning Code are considered a project under the California Environmental Quality Act (GEQA). Staff's analysis of the Initial^Study checklist concluded that adoption of the proposed ordinance is exempt from CEQA under Section 15061.b.3 because it has no potential for resulting in a physical change to the environment. ~ - BACKGROUND ' ~~ In recent years, Campbell-as well as other cities in the region-have seen + ~;~thing , an increase in the placement of "donation bins," which are essentially ~IRe Y~~9 collection containers. These containers, which are typically brightly colored F _ ,~ ~z,~~i~~~ and stand approximately seven feet high (image, right), are used to solicit ¢ `'- =' c°~`-~~ '~ donations from the general public, including clothing, shoes and books. The j _; ~ M L; `''a 1'. containers are often the target of graffiti, litter and illegal dumping, are ' '~ , t ~ '+ .frequently placed without the consent of the property owners, and often ~`•~ `~' impede walkways and parking areas. In early 2015, Cade Enforcement was made aware of the recent proliferation of collection containers in the City; at one point, nearly 40 containers were observed. They were placed in required parking stalls, in the right-of--way, within required landscaped areas, near driveways adjacent to high-traffic streets, and even in residential areas. None of these containers had been placed with prior zoning approval. The problems associated with donation bins are partially aesthetic in that they detract from the appearance of properties. However, the health and safety concerns are paramount, such as "dumping" activity that occurs when donations are too large to fit in container and are simply abandoned, as well as people parking in a drive aisle or.along a public street in order to access a container. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 2 of 6 PLN2016-356 ^.. Ordinance to Regulate Collection Containers Staffs research revealed that at least 11 organizations have placed. containers .within the City: However, identifying responsible entities proved challenging, as many websites did not indicate a physical address; nor an email address and only the phone number located on the container itself, with no further information provided. Some containers are owned by limited liability companies (EEGs) created to conceal the true ownership interests, where others are purported to be operated by overseas crime rings and utilize funds from sale of donated items for criminal activity.. A warning notice was issued to all collection container and property owners on which said containers were located requiring their removal or legalization through the Conditional Use Permit process. Upon receipt, many property owners contacted Code Enforcement to advise that they did not provide permission to locate a container on their respective property, and in some circumstances were unaware there was a container on their property. Legal counsel for Recycle for Change, an owner of collection containers, contacted the City Attorney to advise that they believed their client's constitutional right to free speech was being violated by the City's enforcement action, as based on Planet Aid v. City of St. John (6th Cir. 2014), which established that donation containers are entitled to First Amendmeit protection. It was determined that in lieu of further enforcement, the City would prepare an ordinance to specifically regulate the placement and operation of collection containers. DISCUSSION Current Requirements: The Zoning Code does.;not specifically regulate and define collection containers, although they could be reasonably considered "collection facilities", a subset of "recycling facilities". However, this land use term is more commonly applied to facilities that accept recyclable materials, such as bottles and cans, rather than reusable products. Proposed Amendments: The draft ordinance (reference Attachment 2) would add a new land use definition, "collection containers;" to the Zoning Code to specifically regulate the installation and operation of the collection containers in the City. "Small" containers would be defined as those 84 cubic feet in area or smaller with "large" containers larger than 84 cubic feet. The ordinance would establish new permitting requirements and performance standards with the intent of allowing collection containers to be placed in appropriate locations within the community subject to the necessary standards, as discussed below: 1. Zoning Districts: Collection containers would be permitted in the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-M (Controlled Manufacturing) and, M-1 (Light Industrial) Zoning Districts. Containers cannot be placed in any residential zoning district or the Planned Development (P-D) Zoning District. 2. Location and Placement: Iri addition to being located in an allowable zoning district, collection containers shall be located at least 300 feet of a residential district and 500 feet of another container. A container may not impede .any required parking or driveway. areas, pedestrian routes, emergency vehicle routes, building egress, accessibility routes, easements, trash enclosure or near any fire extinguishing systems or be installed in any setback. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 3 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers 3. Physical Attributes: Containers must be placed on a concrete surface, not be mechanized and have atamper-resistant lock. All containers must indicate contact information, what type of materials can be deposited and that no materials be left outside a collection container, and that large containers must have an attendant during collection hours. - 4. Maintenance and Operation: Containers shall be maintained in a nuisance-free condition (no graffiti or overflow of items) and serviced at least once per week. The operator must maintain their contact information on the container and a 24-hour hotline, and must abate any reported violations within 48 hours. Large collection containers must have an attendant present when items are to be collected 5. Permit Requirements. Placement of a collection container would be .subject to a ministerial annually renewable permit. An application must include the signature of the property owner and operator of the collection container, the required application fee (to be established by the City Council), contact information including name, address, email, website and telephone number of the operator, a vicinity map showing proposed location and distance of other collection containers within 500 feet, photographs of proposed location and adjacent properties, a site plan, elevations, description and diagram of the container, a maintenance plan and any other information that may be necessary to evaluate the proposal's consistency with the requirements of the ordinance. The Community Development Director will be required to approve an application within . 60 days of complete submittal, provided that all the applicable standards have been satisfied and finding that the proposed property has been free of nuisance conditions and graffiti for the previous six months. As this is a ministerial decision, the Director's decision is not subject to public notice or appeal. 6. Enforcement:. Containers not maintained in compliance with applicable provisions will not have their permit renewed and may be revoked pursuant to Chapter 21.68, which would require a public hearing in front of the Planning Commission. ANALYSIS In accordance with Campbell Municipal Code Section 21.60.070, amendments to the IVlunicipal Code may only be approved if the decision-making body finds that: (1) the proposed amendment is consistent with the' goals, policies, and actions of the General Plan; (2) the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and (3) the proposed amendment is internally consistent with other applicable provisions of the Zoning Code. Staff believes that these findings are applicable, as discussed below: The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The Campbell General Plan represents the City's long term vision for the community and is intended to guide decision-making regarding the City's physical and economic growth. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 4 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers In this regard, the General Plan provides policies applicable to land use and development which organizes the City into a framework of distinct land use designations (i.e., commercial, residential, industrial, etc.). The Zoning Ordinance serves to implement General Plan Strategies and Policies and define how property in specific geographic zones can be used. The proposed ordinance would serve to designate locations and create operational standards for collection containers within the City in order to minimize public health, safety, and welfare concerns. The proposed amendment would be consistent with the following General Plan policies and strategies: Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Strategy LUT-9. I b: Land Use Review: Review the types of land uses allowed in the City's zoning V districts and revise, where appropriate, to assure greater compatibility. Policy LUT-13. l: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while -naintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed text amendment would allow collection containers to be placed within certain areas in the City subject to approval of a permit with certain operational and maintenance conditions. The separation and locational requirements serve to prevent the proliferation or concentration of particular uses in order to preserve neighborhood character and public safety, welfare, and health. The proposed Zoning Clearance process and operational standards further protect surrounding neighborhoods from negative impacts. Therefore the ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. _ The substantive changes of the proposed text amendment are primarily contained in Chapter 21.36 (Provisions Applying to Special Uses) with the addition of Section 21.36.245 (Collection Containers), as well as Article 6 (Definitions). Due to the interconnected nature of the Zoning Code, these changes require revisions to several additional chapters. With these additional revisions, the proposed text amendment would be internally consistent with the other provisions of the Zoning Code. NOTIFICATION Notice of this public hearing for the proposed Zoning Code Text Amendment was published in the local newspaper as required by City Code. Additionally a written notice was mailed to each property owner and organization with existing small collection containers. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 5 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers PUBLIC COMMENT A letter from Recycle for Change's legal counsel, Tenax Law Group, was received on the proposed ordinance (reference Attachment 3). The letter raises six points, which staff has briefly addressed below: 1. Permitting Fee: The cost of any permit is based on the staff time necessary to review the permit application. Staff will perform an analysis of the ariticipated resources needed to review these applications as part of the FY18 Schedule of Fees. For comparison, the fee for an Outdoor Seating Permit, which may be seen as a comparable application type, is $337. 2. Property Owner Signature: Tenax contends that requiring property owners to sign a permit application form would be burdensome. Although it may be challenging to secure an authorized signature, 'the past practice of simply placing collection containers on .private property without property owner consent supports the need to obtain explicit permission from owners to ensure that they have full knowledge of their tenant's activities. Additionally, explicit permission from property owners is consistent with the process for Zoning Clearances and development applications. 3. Request to Allow Placement in High-Density Residential Zones: The potential noise, loitering, "dumping," and general nuisance activity associated with collection containers makes them patently inappropriate in any residential zoning district, regardless of density. Moreover, most of Campbell's neighborhoods are within a reasonable distance of a commercial zoning district-which would allow for the placement of collection containers-negating any need to place them on residentially zoned properties: 4. Number of Collection Containers: The limitation of one collection container per property is intended to minimize visual clutter. If a single container is insufficient, more frequent pick-ups can be arranged or the operator may seek approval for a large container. 5. Property Maintenance Requirement: The req_ uirement to ~_ maintain the collection container free of debris within a 20- foot radius is necessary to ensure that "dumping" activity is resolved in a timely manner (i.e., because responsibly for clean-up is squarely placed on the collection container owner). Such activity can easily spread 20-feet, particularly with larger items such as sofas and mattresses. Moreover, 20-feet is only parking stall and, therefore, is neither unreasonable nor a burden. 6. Setback Requirements: All of the City's setback requirements can be found online through the Municode.coin site. the depth of a single Staff Report.,. Planning Commission Meeting of March 28, 2017 Page 6 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers Attachments: 1. Resolution 2. Draft Ordinance ' 3. Tenax Letter Prepared by: Reviwed by: Charlotte Andreen, Code Enforcement Officer Daniel Fama, Senior Planner /~ ~ Approved by: _` ° - Paul o Community Development Director Attachment # 4 Campbell Planning Commission Minutes for March 28, 2017 Page 7 2. PLN2016-356 Public Hearing to consider a City-initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation. and operation of collection containers (donation bins). Staff is recommending that this item be deemed Categorically .Exempt under CEQA. - Tentative City Council Meeting Date: April 18, 2017. Project Planner: Charlotte Andreen, Code Enforcement Officer Ms. Charlotte Andreen, Code Enforcement Officer, presented the staff report. Chair Kendall asked if there were questions of staff. Commissioner Rich asked about the permit fee. Is it intended to be $337? Senior Planner Daniel Fama, said the actual fee to be charged will be up for _ consideration as part of the annual fee schedule process. He added that a permit would allow one vendor to have multiple locations under one permit fee. Commissioner Rich said it seems some Commissioners are concerned about contacting property owners rather than business owners if there were to be problems with .an existing donation bin/collection container or a particular parcel. Planner Daniel Fama said that the permit renews each year. The property owner must sign the application each year.' - Commissioner Rich clarified that the vendor can have multiple bins in the City. He asked haw the City would transition existing bins to comply with this new proposed code. Planner Daniel Fama said that after it-goes into effect, the City will send letters to owners of the existing bins advising them of the new regulations and giving them a reasonable deadline to file and comply. He added tha_ t the property owner would be required to abate if the owner of a bin is not found. Commissioner Rich asked about the fine that might be imposed for lack of compliance. Code Officer Charlotte Andreen advised that a first citation brings a fine of $100, a second citation $200 and a third costs $500. Commissioner Young said that although a container is not a structure but he wonders if they would be subject to seismic standards. - Planner Daniel Fama said that was a good question. ..Director Paul Kermoyan said that the Commission could, add a condition that each one . of these collection containers be bolted down. Campbell Plannirig Commission Minutes for March 28, 2017 Page 8 Commissioner Reynolds asked what the purpose is for issuing warnings to the property owner rather than just to the bin owner. Code_,_Officer Charlotte Andreen said that's the .practice of the Code Enforcement ' program. - Director Paul Kermoyan said that while the tenant/bin owner is contacted, the property owner is :ultimately responsible. The City lets the property owner to work with their tenant to seek compliance. Commissioner Reynolds asked if citations are issued to the owners of the bin/collection structure or the property owner. _ " City Attorney William Seligman replied either. Commissioner Reynolds asked staff to comment on the issue of First Amendment Rights raised by one of the organizations that puts out collection bins. He suggested a deposit be taken for the possibility that astructure/bin that was placed on a private property. This. deposit amount must be of sufficient amount to cover the cost to remove astructure/bin that is non-compliant. City Attorney William Seligmann replied yes. Commissioner Rivlin reiterated that the refundable deposit is held in case abatement of a permitted collection bin should become necessary. - " Director Paul Kermoyan: • . Said that if the City exhausts its remedies of due process, the City could then remove a bin and hold it for a specified amount of time so they can retrieve their . property. . • Reminded that even when homeless encampments are cleared from -the public right-of-way, the removed belongings are retained for a period of time to allow the owners an opportunity to collect their things. . • Reiterated that there is a due process that the City must follow. - Commissioner Rivlin said he would like to add the requirement for a deposit to the draft ordinance. Chair Kendall asked if there is a proposed maximum number of bins that could be placed within City limits established with this draft Ordinance. If not, do we want one? City Attorney William Seligmann said there is not a specified number within the existing draft ordinance. However, there are a limited number of sites that would-meet the requirements :of the draft ordinance.- That is 200 parcels within the City's boundaries. _ Campbell Planning Commission Minutes for March 28, 2017 Page 9 Planner Daniel Fama added that while there are 200 properties zoned as such to allow a bin placement under this draft ordinance, -once bins are established, the draft ordinance requires a 500 foot distance between such collection bins/structures. Commissioner Rivlin asked how many bins were found during the -sweep conducted two years ago. Planner Daniel Fama replied 40. Chair Kendall referenced the two sizes of containers as identified in the draft ordinance, which are small and large. She asked if there should be a "not to exceed" size standard added/included. Planner Daniel Fama reminded that the large bins/collection containers must have an attendant when in operation. - Chair Kendall asked if the 48-hour abatement deadline comes from the City. Code Officer Charlotte Andreen replied yes. Chair Kendall opened the Public Hearing for Agenda Item No. Z. Ms. Alexandra Bradley, Representative for Recycle for Change: • Said that they are in support of a fair ordinance. • .Admitted that some things are cause for concern. - • - .Reported that four percent (4%) of textiles end up in landfills. While that might seem to be a small amount, it represents 2.5 billion pounds per year. • Explained that these types of donation boxes/bins are convenient for the public to use. ,• .Advised that their organization itself collects 10 million pounds of textiles each year. • Said that they are concerned about zoning limitations, which represents only about 10 percent (10%) of the City. - • Added ,that having to .secure a property owner's signature would/could be a hardship for the non-profits to obtain. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Chair Kendall: • Said she hears the issue of securing property owner signatures. • Added that she had thought that requirement was one of the most important things about this draft' ordinance. It's a way of achieving accountability.. The permit requires 'signatures .from both the property owner and the, organization/company placing the bins on a private property. • Stated #hat, as .a property owner herself,.. she likes the idea of these not being ' located too close%in -front of her home. Campbell Planning Commission Minutes for March 28, 2017 Page 10 Commissioner' Reynolds: • Admitted that he 'has a problem. with governments holding property .owners - accountable for what occurs on their property. . " • Said that he is a property owner of several properties. Occasionally cars are abandoned on one of his properties. • Stated that he likes the idea of signatures from both the property owner and the organization placing the bin(s) on the agreement but it is a personal agreement between that property owner and that organization. That property owner should - collect the deposit for the bin. Commissioner Young: • Said that he likes this code amendment. It addresses existing issues. • Said, that the findings highlight what those issues are. • Advised that he_is not in favor of letting the property owner out of any responsibility for a bin that is placed on his/her property. In that case, the property owner gets benefits but none of the liabilities. • Admitted that he doesn't want to increase operational costs for the non-profits and suggested a streamlined approach to install, operate and maintain these collection containers. - • Asked that seismic structural compliance be added to the draft ordinance. Commissioner Rich: _ Said that he is okay with the draft ordinance "as is": • Added that he is open to discussion on some sort of deposit system as long as it is not too much of a burden on the non-profits. Commissioner Hernandez: • Said that she too is fine with the proposed text amendment "as is". Agreed that it is a good idea to make sure the containers_ /bins are bolted down. • Said she is okay with the concept of a deposit. • Agreed that a property owner is responsible for everything that's on their property. • Provided an example such as when someone trips on her property, she is held liable/responsible as the property owner. • Reported that she "loves" these donation bins. She uses them often. Commissioner Young: -, • Said that the permit process already has a financial cost. He is not supportive of a deposit requirement as weA. • Admitted that he is not sure how to shape it to make operational sense. Comm'issioner'Rivlin reminded that these bins. are to be placed on 'private property and not on the public right-of--way (City-held property). City Attorney William Seligmann said that was correct. The City owned properties are not-zoned to allow these. donation bin placements per the draft ordinance. Campbell Planning Commission Minutes for March 28, 2017 Page .11 Commissioner Rivlin suggested that dealing with any damage to property resulting from these bins being placed on private property is between both sides. The deposit equates to an incentive to remove bins when no longer in operation in order to retrieve their funds. ~ . Director Paul Kermoyan said that if a deposit shall be submitted, it should be in an amount that covers the cost of staff removing the bin. He added that the City has a_ practice of taking refundable deposits to ensure something is completed. Chair Kendall added that they also could take advantage of a surety bond, which is a low cost way of making a deposit for a known organization. Director Paul Kermoyan suggested "keeping it simple". Chair Kendall said she is not in favor of a deposit and finds that the permit itself is sufficient. Commissioner Reynolds: - - • Said that staff recommends requiring the signature of a property owner on a donation bin placement permit application. • Added that the requirement for said signature means that a property owner has a chance to say no if he/she so wishes. • Pointed out that if a deposit is submitted it won't cost the properly owner to remove a bin later if it becomes necessary. Commissioner Rich said he can see both sides of the issue of deposits. He said he is okay with not having deposits and rather leave it to the property owner and the bin owner. Commissioner Reynolds asked how the City could control the deposit if we allow the property owner to collect the deposit at the time of permitting. Commissioner Rich replied, "We don't." Commissioner Hernandez asked if the City had removed any of the 40 bins found during the Code Enforcement sweep done in 2015. Code Officer Charlotte Andreen replied no. ,She added that the City doesn't have the equipment or the right to go on private property to remove items. City Attorney William Seligmann added -that there are options for abatement by the City but they require .hearings and court proceedings. - Commissioner Hernandez asked how many bin owners were not located. Code Officer Charlotte Andreeh replied three. However, all have been removed. With this ordinance staff is trying to regulate bin/collection container placement. Campbell Planning Commission Minutes for March 28, 2017 Page 12 Chair Kendall.. asked if it is possible to limit placement of such bins to just. non-profit organizations. _ City Attorney William Seligmann replied that he-would recommend against that: Motion: Upon motion of Commissioner Rich, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 4371 recommending that the City Council approve City-initiated _ ~ Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal ,Code to adopt provisions to regulate the installation ,and operation of collection containers (donation bins), with the following addition to the conditions: • Add Condition D-5 to require structural code compliance (bolts) for. the bins/collection containers to meet seismic standards; by the following roll call vote: AYES: Hernandez, Kendall, Reynolds, Rich, Rivlin and Young . NOES: None ABSENT.: Dodd - ABSTAIN: None Chair Kendall, advised that this item would be considered by the City Council at its meeting of April 18, 2017. , *** Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2016-23 Public Hearing to consider the application of Madison Park PLN2016-234 TSM Campbell, - LLC for a Planned -Development Permit PLN2016-235 PMP (PL 016-233) .and a Tentative Vesting Subdivision Map PLN2016-303 MM (PLN20 34) to allow construction of a six-unit townhome building; ere ~ n of new common area lots., six private lots, reconfiguration o xisting common area lots, and vacation of excess City right- -way; a Parking Modification Permit (PLN2016-235) to allow nsideration of private driveways . as guest parking, on prope ..located at 500 Sam Cava Lane;, and. a Minor Modifica' n {PLN2016-303) to a previously approved Planned evelopment Permit (PLN2015-170) to allow reconfigurat n of. parking .stalls within a common area lot of the 'Madison~`t~wnhome project, - _ - located along Lottie Lane, a new privates et, within the P-D (Planned Development) Zoning Distric . A second addendum to the previously adopted Mitigated egative Declaration will be prepared for this project. Tentative,~City Council .Meeting Date: April 18, 2017. Planner: Daniel Fama, Senior Planner Pi4AR/1G/201?/THU 02.22 PM Tenax Law Group FAX No, 510 234 0009 Attachment # 5 T E N~~X ~ ~ 145 PARIS PLACE, SUITE A Law G r o u p (; ATTORNEYS POINT RICHMONA, CA 94801 p rtww.tsnasla~~~group.com T= 510.234.2508 F= 510.234.6009 March 16, 2017 VIA Facsimile and U.S.11Iai1 Fax: (831) 576-2269 William R. Seligmann, Esq: City of Campbell, City Attorney's Office 333 Church Street, Suite A Santa Cruz, California 95060 Re: Proposed Ordinance -Zoning Clearance for UDBs Dear Mr. Seligmann: As you are aware, TENAX Law Group, P.C. represents Recycle for Change, a - _ 501(c)(3) nonprofit public benefit corporation. Our client maintains a number of unattended donation bins ("UDBs") on a number of privately-owned parcels in cities throughout California, including in the City of Campbell. Thank you for providing us with a copy of a proposed ordinance regulating _ _ - UDBs, which is being considered by the City. We have shared it.with our client, and we would like. to.take this opportunity to raise several issues that are of particular concern to .our client. _ _ First, it appears that UDBs will require a zoning clearance; whereas "recycling facilities" require a use permit. (That is encouraging because it appears that the City is removing one of the main objections we have had to such regulations: it appears to make approval automatic, as a "ministerial action," if the conditions are met, rather than vesting unfettered discretion in a city official.) Our only concern here is that the cost be in line with similar "over-the-counter" type clearances that require minimal city resources. The "City of Milpitas has a similar process, and the fee is approximately $75.00. Second, the proposed ordinance requires that the application for a UDB zoning clearance include the signature of the property owner. This is problematic for our client for several reasons. We request that you consider language the would require a signature of the owner or a person who legally occatpies the pNaperty (i.e. a tenant). • It is riot always straightforward to figure out who the owner is for purposes of obtaining a signature, particularly when the property is held in a trust or 1~AR/16/2017/THU 02;23 PM Tenax Law Group FAX No, 510 234 6009 Mazch 16, 2017 Page 2 of 3 - P, 003 owned by an entity. The Assessor's records typically don't contain that information. • Many landlords do not live locally and may even live in other states or even in other' countries. (In such cases, not only are they difficult to contact, but they may have little or no vested interest in the communuty.) • Many landlords use property managers as itatermedianes, which makes it _ more difficult to communicate with .them. Even a tenant may not communicate directly with an owner. • Because the proposed ordinance requires an annual renewal of the zoning clearance, these communication difficulties would be encountered repeatedly. " It is the tenant who is physically present at the property and who can be more responsive to problems that may arise. (The tenant will be able to monitor our servicing of the UDB.) - It is the tenant who typically enters into other service-related contracts _ affecting the property, such as utilities and conducts business operations on the property. • As there is no alteration to the property or to permanent structures, the UDBs can be moved without any damage to the land. We believe that the requirement of a signature of a legal occupant (i.e. tenant) would address, the City's concern, regarding boxes being placed without permission. "Third, our client requests that the City consider allowing UDBs in high density residential zones, during business hours, since they are more heavily trafficked and typically generate greater volumes of discarded recyclable materials. (Waste audits show that multi-family units discard a higher percentage of textiles in the trash/landfill.) We would point out that recycling has a large behavioral component. Distance equates to diminished participation in recycling. In San Francisco, UDBs are allowed in many high density residential azeas. Fourth, "our client requests that the City consider allowing for a second UDB, if setback requirements are met, in cases where a single, UDB is insufficient to accommodate the volume of recycled materials at the location. Fifth, our client asks that the City consider revising the maintenance radius from UDS be reduced from 20 feet to 10 feet (in other words, a circle with a diameter of 20 feet). A 20-foot radius is a substantial footprint; and this requirement would be very burdensome on UDB operators. Sixth, our client asks that the City clarify where it can find the setback requirements for the, different zones, which you mention in your email of February, 21, 2017. - MAR/16/2017/THU 02;24 PM Tenax Law Group FAX No, 510 234 6DD9 P, 004 March 16, 2017 ~ - Page 3 of 3 - Lastly, our client is curious to know if Goodwill Industries has communicated .with the City with respect'to the proposed ordinance. In the past, our client has found that Goodwill is an advocate of strict regulations of UDBs, since Goodwill apparently -views UDBs to be ,a "competitor" for recyclable materials. We have observed representatives of Goodwill advocating for strict regulation of UDBs in other cities. (It has been our experience that some of the more onerous provisions in a UDB ordinance, including provisions that we are currently challenging in court, were passed at the urging of Goodwill.) We appreciate that you have kept us apprised of the progress and status of the proposed ordinance. We look forward to continuing to work with you and with the. City of Campbell. 3WS/jss Ca: Keld Duus, Recycle for Change Very Truly Yours, , ~^.- .J . Jo . Schilt . john hilt@tenaxlctwgroacp.com ,.. -. - .1 _ _ _ ~ _ Vendor ~f 1 '..,. - ~,(Frnnnce.Use~Orily) ~Cit of Cain ~bea:~l `1- ~CheckRe nest '' { .. , . - ~_ v ~ t .. ,~ .._ _ _ _- .,, } _ ~ ~~ - To Finance D sector _ .. ,- .. ~,° ., w ,. ~. - ., .: ~. ,.. , . , ~.. -. .;. ,.. ,' _ Y 4 f ~, y Check Pa able To `,: SCC Clerk, Recorder . ,~., ._ . , ;, _, .. 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Thanks Item No. 2 O~ • CAA V~ ~~ CITY OF CAMPBELL • PLANNING COMMISSION Staff Report • March 28, 2017 y ~ e' ~ °RCxn4°. PLN2016-356 Public Hearing to consider aCity-initiated Zoning .Code Amendment City-initiated (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Text Amendment Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). STAFF RECOMMENDATION Adopt a resolution, recommending that the City Council adopt the attached draft ordinance to amend Title 21 (Zoning Code) of the Campbell Municipal Code establishing provisions to regulate the installation and operation of collection containers (donation bins). ENVIRONMENTAL DETERMINATION Modifications to the Zoning Code are considered a proj ect under the California Environmental Quality Act (CEQA). Staff's analysis of the Initial Study checklist concluded that adoption of the proposed ordinance is exempt from CEQA under Section 15061.b.3 because it has no potential for resulting in a physical change to the environment. BACKGROUND In recent years, Campbell-as well as other cities in the region-have seen an increase in the placement of "donation bins," which are essentially collection containers. These containers, which are typically brightly colored and stand approximately seven feet high. (image, right), are used to solicit donations from the general public, including clothing, shoes and books. The containers are often the target of graffiti, litter and illegal dumping, are frequently placed without the consent of the property owners, and often impede walkways and parking areas. In early 2015, Code Enforcement was made aware of the recent proliferation of collection containers in the City; at one point, nearly 40 containers were observed. They were placed in required parking stalls, in the right-of--way, within required landscaped areas, near driveways adjacent to high-traffic streets, and even in residential areas. None of these containers had been placed with prior zoning approval. The problems associated with donation bins are partially aesthetic in that they detract from the appearance of properties. However, the health and safety concerns are paramount, such as "dumping" activity that occurs when donations are too large to fit in container and .are simply abandoned, as well as people parking in a drive aisle or along a public street iri order to access a container. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 2 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers Staffs research revealed that at least 11 organizations have placed .containers within the City. However, identifying responsible entities proved challenging, as many websites did not indicate a physical address, nor an email address and only the phone number located on the container itself, with no further information provided.. Some containers are owned by limited liability companies (EEGs) created to conceal the true. ownership interests, where others are purported to be operated by overseas crime rings and utilize funds from sale of donated items for criminal activity. A warning notice was issued to all collection container and property owners on which said containers were located requiring their removal or legalization through the Conditional Use Permit process. Upon receipt, many property owners contacted Code Enforcement to advise that they did not .provide permission to locate a container on their respective property, and in some circumstances were unaware there was a container on their property. Legal counsel for Recycle for Change, an owner of collection containers, contacted the City Attorney to advise that they believed their client's constitutional right to free speech was being violated by the City's enforcement action, as based on Planet Aid v. City of St. John (6th Cir. 2014), which established that donation containers are entitled to First Amendment protection. It was determined that in lieu of further enforcement, the City would prepare an ordinance to specifically regulate the placement and operation of collection containers. DISCUSSION Current Requirements: The Zoning Code does not specifically regulate and define collection containers, although they could be reasonably considered "collection facilities", a subset of "recycling facilities". However, this land use term is more commonly applied to .facilities that accept recyclable materials, such as bottles and cans, rather than reusable products. Proposed Amendments: The draft ordinance (reference Attachment 2) would add a new land use definition, "collection containers," to the Zoning Code to specifically regulate the installation and operation of the collection containers in the City. "Small" containers would be defined as those 84 cubic feet in area or smaller with "large" containers larger than 84 cubic feet. The ordinance would establish new permitting requirements and performance standards with the intent of allowing collection containers to be placed in appropriate locations within the community subject to the necessary standards, as discussed below: 1. Zoning Districts: Collection containers would be permitted in the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-M (C,ontrolled Manufacturing) and M-1 (Light Industrial) Zoning Districts. Containers cannot be placed in any residential zoning district or the Planned Development (P-D) Zoning District. 2. Location and Placement: In addition to being located in an allowable zoning district, collection containers shall be located at least 300 feet of a residential district and 500 feet of another container. A container may not impede any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building egress, accessibility routes, easements, trash enclosure or near any fire extinguishing systems or be installed in any setback. Staff Report ~ Planning Commission Meeting. of March 28, 2017 Page 3 of 6 PLN2016-356 ~ Ordinance to Reculate Collection Containers 3. Physical Attributes: Containers must be placed on a concrete surface,' not be mechanized and have atamper-resistant lock. All containers must indicate contact information, what type of materials can be deposited and that no materials be left outside a collection container, and that large containers must have an attendant during collection hours. 4. Maintenance and Operation: Containers shall be maintained in a nuisance-free condition (no graffiti or overflow of items) and serviced at 'least once per week. The operator must maintain their contact information on the container and a 24-hour hotline, -and must abate any reported violations within 48 hours. Large collection containers must have an attendant present when items are to be collected 5. Permit Requirements. Placement of a collection container would be subject to a ministerial annually renewable permit. An application must include the signature of the property owner and operator of the collection container, the required application fee (to be established by the City Council), contact information including name, address, email, website and telephone number of the operator, a vicinity map showing proposed location and distance. of other collection containers within 500 feet, photographs of proposed location and adjacent properties, a site plan, elevations, description and diagram of the container, a maintenance plan and any other information that may be necessary to evaluate the proposal's consistency with the requirements of the ordinance. The Community Development Director will be required to approve an application within 60 days of complete submittal, provided that all the applicable standards have been satisfied and finding that the. proposed property has been free of nuisance conditions and graffiti for the previous six months. As this is a ministerial decision, the Director's decision is not subject to public notice or appeal. 6. Enforcement: Containers not maintained in compliance- with applicable provisions will not have their permit renewed and may be revoked pursuant to Chapter 21.68, which would require a public hearing in front of the Planning Commission. ANALYSIS In accordance with Campbell Municipal Code Section 21.60.070, amendments to the Municipal Code may only be approved if the decision-making body finds that: (1) the proposed amendment is consistent with the goals, .policies, and actions of the General Plan; (2) the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and (3) the proposed amendment is, internally. consistent with other applicable provisions of the Zoning Code. Staff believes that these findings are applicable; as discussed below: 1.. The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The Campbell General Plan represents the City's long term vision for the community and is intended to guide decision-making regarding the City's physical and economic growth. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 4 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers In this regard, the General Plan provides policies applicable to land use and development which organizes the City into a framework of distinct land use designations (i.e., commercial, residential, industrial, etc.). The Zoning Ordinance serves to implement General Plan Strategies and Policies and define how property in specific geographic zones can be used. The proposed ordinance would serve to designate locations and create operational standards for collection containers within the'City in order to minimize public health, safety, and welfare concerns. The proposed amendment would be consistent with the following General Plan policies and strategies: Strategy LUT-5.3ii: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Strategy LUT-9.1b: Land Use Review: Review the types of land uses allowed in the City's zoning districts and revise, where appropriate, to assure greater compatibility. Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an, economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed text amendment would allow collection containers to be placed within certain areas in the City subject to approval of a permit with certain operational and maintenance conditions. The separation and locational requirements serve to prevent the proliferation or concentration of particular uses in order to preserve neighborhood .character and public safety, welfare, and health. The proposed Zoning Clearance process and operational standards fiu ther protect surrounding neighborhoods from negative impacts. Therefore the ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. The substantive changes of the proposed text amendment are primarily contained in Chapter 21.36 (Provisions Applying to Special Uses) with the addition of Section 21:36.245 (Collection Containers), as well as Article 6 (Definitions). Due to the interconnected nature of the Zoning Code, these changes require. revisions to several additional chapters. With these additional revisions, the proposed text amendment would be internally consistent with the other provisions of the Zoning Code. NOTIFICATION Notice of this public hearing for the proposed Zoning Code Text Amendment was published in the local newspaper as required by City Code. Additionally a written notice was mailed to each property owner and organization with existing small collection containers. Staff Report ~ Planning Commission Meeting of March 28, 2017 Page 5 of 6 PLN2016-356 ~ Ordinance to Regulate Collection Containers PUBLIC COMMENT A letter from Recycle for Change's legal counsel, Tenax Law Group, was received on the proposed ordinance (reference Attachment 3). The letter raises six points, which staff has briefly addressed below: 1. ,Permitting Fee: The cost of any permit is based on the staff time necessary to review the permit application. Staff will perform an analysis of the anticipated resources needed to review these applications as part of the FY18 Schedule of Fees. For comparison, the fee for an Outdoor Seating Permit, which may be seen as a comparable application type, is $337. 2. Property Owner Signature: Tenax contends that requiring property owners to sign a permit application form would be burdensome. Although it may be challenging to secure an authorized signature, the past practice of simply placing collection containers on private property without property owner consent. supports the need to obtain explicit permission from owners to ensure that they have full knowledge of .their tenant's activities. Additionally, explicit permission from property owners is consistent with the process for Zoning Clearances and development applications. 3. Request to Allow Placement in High-Density Residential Zones: The potential noise, loitering, "dumping," and general nuisance activity associated with collection containers makes them patently inappropriate in any residential zoning district, regardless of density. Moreover, most of Campbell's neighborhoods are within a reasonable distance of a commercial zoning district-which would allow for the placement of collection containers-negating any need to place them on residentially zoned properties. 4. Number of Collection Containers: The limitation of one collection container per property is intended to minimize visual clutter. If a single container is insufficient, more frequent pick-ups can be arranged or the operator may seek approval for a large container. 5. Property Maintenance Requirement: The requirement to maintain the collection container free of debris within a 20= foot radius is necessary to ensure that "dumping" activity is resolved in a timely manner (i.e., because responsibly for clean-up is squarely placed on the collection container owner). Such activity can easily spread 20-feet, particularly with larger items such as sofas and mattresses. Moreover, 20-feet is only the depth of a single parking .stall and, therefore, is neither unreasonable nor a burden. 6. Setback Requirements: All of the City's setback requirements can be found online through the Municode.com~ite. Staff Report ~ Planning Commission Meeting of March 28, 2017 PLN2016-356 ~ Ordinance to Regulate Collection Containers Page 6 of 6 Attachments: 1. Resolution 2. Draft Ordinance 3. Tenax Letter Prepared by: Reviwed by: Approved by: Charlotte Andreen, Code Enforcement Officer ~~ Daniel Fama, Senior Planner Paul Development Director i ~ Attachment 1 RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND TITLE 21 (ZONING CODE) OF THE CAMPBELL MUNICIPAL CODE TO ADOPT PROVISIONS TO REGULATE THE INSTALLATION AND OPERATION OF COLLECTION CONTAINERS (DONATION BINS). FILE NO. PLN2016-356 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2016-356: The project consists of a Zoning Code Amendment amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). 2. The City has experienced a proliferation of collection container and their placement in required parking stalls, required landscaped areas, in residential areas located in many zoning districts of city, often without property owner's permission. The proliferation of these containers in-and-of themselves contribute to visual clutter; and in areas throughout the State, collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. 3. The purpose of the proposed ordinance is to promote the health, safety, and/or welfare of the public, and protect the property rights of the owners of the parcels on which the collection containers are located, by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, (3) the collection containers are maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion of materials from landfills. 4. The proposed Zoning Code Amendment would be consistent with the General Plan in that it will for enhanced maintenance of commercial properties and provide a valuable use to the community: Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Strategy LUT-9.1 b: Land Use Review: Review the types of land uses allowed in the City's zoning districts and revise, where appropriate, to assure greater compatibility. Planning Commission Resolution No. 4 Page 2 PLN2016-356 -Recommending Approval an Collection Container Ordinance Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. 5. The legislature of the. State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 6. Review and adoption of this Zoning Code Amendment is done in compliance with California government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: , 1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 3. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code; and 4. The proposed Text Amendment project is exempt from the' California Environmental Quality Act under Section 15061.b.3 because it has no potential for resulting in a physical change to the environment. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt the attached Ordinance (reference Exhibit A) recommending approval of the above described Zoning Code Amendment. PASSED AND ADOPTED this 28th day of March, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Yvonne Kendall, Chair ATTEST: Paul Kermoyan, Secretary --- Attachment 2 '~ Ordinance No. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CERTAIN SECTIONS OF TITLE 21 OF THE CAMPBELL MUNICIPAL CODE RELATED TO THE REGULATION OF COLLECTION CONTAINERS The City Council of the City of Campbell does ordain as follows: SECTION 1. Location in C-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.040 is amended to read as follows, with strikeouts (°c+riV~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; 3. Catering business, only when ancillary to a restaurant; 4. Collection containers, small, subject to obtaining a permit pursuant to section 21.36.245; ~~45. Dry cleaning; 6. Grocery stores (under ten thousand square feet); 6: 7. Hardware stores (under ten thousand square feet); 8. Laundromats, self-service; 9. Libraries, public; 10. Light rail passenger terminals; a-8-: 11. Meat markets; -1-a-: 12. Offices, professional; 4z? 13. Outdoor seating, when twelve total seats or less; 14. Parking lots/structures, public; 4~ 15. Personal services, general; 4~ 16. Pharmacies/drug stores; 17. Photocopying; 4~ 18. Photography studio/supply shop; 4~ 19. Repair and maintenance, consumer products; 4$ 20. Restaurants or cafes (excluding fast food or drive-ins); 21. Retail stores, general merchandise; - ~1- 22. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 2z? 23. Schools K-12, public; 24. Shopping centers (under ten thousand square feet); ~¢ 25. Travel agencies; 2~ 26. Universities/colleges, public; Page 1 of 19 27. Vending machines; . 2~ 28. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). SECTION 2. Other Recycling Facilities in C-1 Zoning District Subject to Use:Permit: Subsection C of Campbell Municipal Code section 21.10.040 is amended to~ read as follows, with strikeouts (~~+r~U~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities; 2. Arcades; 3. Broadcast and recording studios; 4. Commercial day care centers; 5. Commercial schools; 6. Community/cultural/recreational centers; 7. Convalescent/rest homes; 8. Convenience markets/stores; 9. Conversion, commercial converted from residence; 10. Dancing and live entertainment; 11. Emergency shelters; 12. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 13. Furniture, furnishings, and equipment stores (under ten thousand square feet); 14. Garden centers/plant nurseries; 15. Gasoline stations; 16. Government offices and facilities (local, state or federal); 17. Grocery stores (greater than ten thousand square feet); 18. Hardware stores (greater than ten thousand square feet); 19. Health/fitness centers; 20. Hotel; 21. Late night activities; 22. Liquor establishments; 23. Liquor stores; 24. Medical services, clinics; 25. Medical services, extended care; 26. Motel; 27. Museums, public; Page 2 of 19 28. Music (recordings) stores; 29. Outdoor seating, when more than twelve total seats; 30. Pet stores; 31. Philanthropic collection trailers; 32. Public assembly uses; 33. Public utility structures and service facilities; 34. Radio or television transmitters; 35. Recycling facilities -reverse vending machines. other than such machines with a permit issued pursuant to section 21.36.245; 36. Recycling facilities -small collection facility. other than such facilities with a permit issued pursuant to section 21.36.245; 37. Restaurants with late night activities or banquet facilities; 38. Restaurants, fast food (with or without drive-in service); 39. Schools - K-12, private; 40. Shopping centers (greater than ten thousand square feet); 41. Spa services; 42. Studios, large; 43. Studios, small; 44. Tanning studios; 45. The use of any building that was constructed'as a residential structure for a commercial or office use; 46. Transitional housing; 47. Tutoring centers, large 48. Tutoring centers, small 49. Universities/colleges, private; 50. Veterinarian clinics and animal hospitals; 51. Video rental stores; 52. Warehouse retail stores; 53. Wireless telecommunications facilities -non-stealth. SECTION 3. Location in C-2 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts (°~+.-~Ut~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); Page 3 of 19 4. Banks and financial services; 5. Blueprinting shops; 6. Catering business, only when ancillary to a restaurant; 7. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 8. Dry cleaning; ~: 9. Furniture; furnishings, and equipment stores (greater than ten thousand square feet); 10. Furniture, furnishings, and equipment stores (under ten thousand square feet); a-9: 11. Garden centers/plant nurseries; 44- 12. Grocery stores (under ten thousand square feet); a-2: 13. Handicraft industries, small scale assembly; a-3: 14. Hardware stores (under ten thousand square feet); ~-4 15. Hotels; 16. Laundromats, self-service; 17. Libraries, public; 4~ 18. Light, rail passenger terminals; 4~ 19. Medical services, laboratories; 4$ 20. Motels; 21. Offices, professional; ~-1- 22. Outdoor seating, when twelve total seats or less; ~? 23. Parking lots/structures, public; 24. Personal services, general; ~4-: 25. Pharmacies/drug stores; 26. Photocopying; 27. Photography studio/supply shop; - 28. Repair and maintenance, consumer products; 29. Restaurants or cafes (excluding fast food or drive-ins); 30. Retail stores, general merchandise; 39: 31. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 32. Schools K-12, public; 3z? 33. Shopping centers (under ten thousand square feet); ~3:--34. Travel agencies; ~4: 35. Universities/colleges, public; ~- 36. Vending machines; 37. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). Page 4 of 19 SECTION 4. Other Recycling Facilities in C-2 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.050 is amended to read as follows, with strikeouts (~+r~'~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in~C-2 (General Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities; 2. Alternative fuels and recharging facilities; 3. Arcades; 4. Banquet facilities; 5. Bed and breakfast inns (only in historic structures); 6. Broadcast and recording studios; 7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom); 8. Cat and dog day care facilities; 9. Cat and dog grooming facilities; 10. Cat Boarding facilities; 11. Check cashing; 12. Commercial day care centers; 13. Commercial schools; 14. Community/cultural/recreational centers; 15. Convalescent/rest homes; 16. Convenience markets/stores; 17. Conversion, commercial converted from residence; 18. Dancing and live entertainment; 19. Department stores; 20. Drive-in theaters; 21. Emergency shelters; 22. Equipment rental establishments; 23. Gasoline stations; 24. Golf courses and golf driving ranges; 25. Government offices and facilities (local, state or federal); 26. Grocery stores (greater than ten thousand square feet); 27. Hardware stores (greater than ten thousand square feet); 28. Health/fitness centers; 29. Hospitals; 30. Indoor amusement/entertainment/recreation centers; 31. Late night activities; Page 5 of 19 32. Liquor establishments (on-site consumption only); 33. Liquor stores (off-site consumption only); 34. Massage Establishments; 35. Medical services, clinics; 36. Medical services, extended care; 37. Miniature golf courses; 38. Motor vehicle -cleaning, washing, and detailing; 39. Motor vehicle -oil change facilities; 40. Motor vehicle -parts and supplies (very limited maintenance/installation); 41. ~ Motor vehicle -renting and leasing; 42. Motor vehicle -sales (new and/or used); 43. Museums, public; 44. Music (recordings) stores; 45. Nightclubs with or without food service; 46. Outdoor active activities (e.g., drive-up windows); 47. Outdoor amusement/entertainment/recreation centers; 48. Outdoor retail sales and activities; 49. Outdoor seating, when more than twelve total seats; 50. Payday lender, subject to the requirements of section 21.36.260; 51. Personal services, limited; 52. Pet stores; 53. Pharmacies/drug stores, with drive-up service; 54. Philanthropic collection trailers; 55. Public assembly uses; 56. Public utility structures and service facilities; 57. Public works maintenance facilities and storage yards; 58. Radio or television transmitters; 59. Radio stations; 60. Recycling facilities -reverse vending machines, other than such machines with a permit issued pursuant to section 21.36.245; 61. Recycling facilities -small collection facility, other than such facilities with a permit issued pursuant to section 21.36.245; 62. Restaurants with late night activities or banquet facilities; 63. Restaurants, fast food (with or without drive-in service); _ 64. Schools - K-12, private; 65. Second hand/thrift stores; 66. Shopping centers -(greater than ten thousand square feet); 67. Sign shops; 68. Spa services; Page 6 of 19 69. Studios, large; 70. Studios, small; 71. Tanning studios; , 72. Theaters, movie or performing arts; 73. Transitional housing; 74. Tutoring center, large; 75. Tutoring center, small; 76. Universities/colleges, private; 77. Veterinary clinics and animal hospitals; 78. Video rental stores; 79. Warehouse retail stores; 80. Wireless telecommunications facilities -non-stealth. SECTION 5. Location in C-M Zoning.District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.070 is amended to read as follows, with strikeouts (~~+r~t~) indicating deleted text and underlining indicating new text: B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Artisan products, small-scale assembly; 2. Blueprinting shops; 3. Business support service; 4. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 4-. 5. Clothing products manufacturing; 6. Electronics and equipment manufacturing; 5- 7. Food and beverage product manufacturing; 8. Furniture/cabinet shops; 9. Glass products manufacturing; 10. Handicraft industries, small-scale assembly; 11. Laundries/dry cleaning plants; a-~- 12. Light rail passenger terminals; 4z? 13. Machinery manufacturing; 14. Metal products fabrication; 44: 15. Offices, professional; 16. Paper products manufacturing; 17. Pharmaceutical manufacturing; 4~: 18. Plastics and rubber products; Page 7 of 19 19. Printing and publishing; ~-9-: 20. Research and development; ~0-: 21. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 22. Sign manufacturing; ~? 23. Textile products manufacturing; 24. Warehousing, wholesaling and distribution facility, incidental (less than fifty. percent of floor area); 25. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). SECTION 6. Location in M-1 Zoning District Subject to Permit: Subsection B of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (c+riL~r~vaty) indicating deleted text and underlining indicating new text: B. Permitted uses in M-1 (Light Industrial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service. 2. Artisan products, small-scale assembly. 3. Blueprinting shops. 4. Business support service. 5. Clothing products manufacturing. 6. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 6: 7. Electronics and equipment manufacturing. 8. Emergency shelters, only in that portion of the M-1 zone bounded generally by Camden Avenue, Los Gatos Creek County Park, Hacienda Avenue and Winchester Boulevard. 9. Food and beverage product manufacturing. 10. Furniture/cabinet shops. 4~ 11. Glass products manufacturing. a-1-: 12. Handicraft industries, small-scale assembly. -1-2- 13. Laboratories. x-14. Laundries/dry cleaning plants. a-4-. 15. Light rail lines. 16. Light rail passenger terminals. 17. Lumber and wood products, including incidental mill work. 18. Machinery manufacturing. ~-: 19. Metal products fabrication. Page 8 of 19 20. Offices, professional. 21. Paper products manufacturing. ~1- 22. Pharmaceutical manufacturing. ~? 23. Plastics and rubber products. 24. Printing and publishing. 24- 25. Repair and maintenance, consumer products. 2-5: 26. Research and development. 27. Rug and upholstery cleaning. 28. Satellite television or personal Internet broadband dishes/antenna (less than 3 feet in diameter). 29. Sign manufacturing. ~9-:.30 Sign shops. 3~ 31. Textile products manufacturing. 3~ 32. Trucking/freight terminals. ~? 33. Warehousing, wholesaling and distribution facility, incidental. 34. Warehousing, wholesaling and distribution facility, primary. ~4- 35. Wireless telecommunications facilities-stealth (requires approval of a site and architectural review Permit). 35. 36. Sexually oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code. SECTION 7. Other Recycling Facilities in M-1 Zoning District Subject to Use Permit: Subsection C of Campbell Municipal Code section 21.10.080 is amended to read as follows, with strikeouts (°°*r~'~) indicating deleted text and underlining indicating new text: C. Uses allowed with conditional use permit in M-1 (Light Industrial) zoning district. The following uses are permitted .with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Ancillary retail uses serving industrial uses. 2. Ancillary retail operations associated with a lawfully established use which occupy no more than 25% of the use's existing floor area. 3. Alternative fuels and recharging facilities. 4. Broadcast and recording studios. 5. Building material stores/yards. 6. Caretaker/employee housing. 7. Cat and dog day care facilities. 8. Cat and dog grooming facilities. 9. Cat Boarding facilities. 10. Catering business. Page 9 of 19 11. Chemical products. 12. Construction equipment rentals. 13. Contractor's equipment yards. 14. Conversion, industrial converted from residence. 15. Dog Boarding facilities. _ 16. Emergency shelters, except as permitted in that portion_ of the M-1 zone described in Section 21.10.080(8)(7). 17. Government offices and facilities (local, State or federal). 18. Health/fitness centers. 19. Late night activities. 20. Marine sales (new and used), with/without service facilities. 21. Motor vehicle-cleaning, washing, and detailing. 22. Motor vehicle-dismantling. 23. Motor vehicle-leasing. 24. Motor vehicle-oil change facilities. 25. Motor vehicle-painting. 26. Motor vehicle-renting. 27. Motor vehicle-repair and maintenance (minor and major/only within an enclosed structure). 28. Motor vehicle-repair and maintenance (minor/only within an enclosed structure). 29. Motor vehicle-sales (new and/or used). 30'. Motor vehicle-tune-up. 31. Motor vehicle-tune-up-light duty only. 32. Motor vehicle-window tinting. 33. Outdoor storage. 34. Parking lots/structures, public. J 35. Public assembly uses. 36. Public utility structures and service facilities. 37. Public works maintenance facilities and storage yards. 38. Radio or television transmitters. 39. Radio stations. 40. Recycling facilities =large collection facility, other than such facilities with a permit issued pursuant to section 21.36.245. 41. Recycling facilities -processing facility. 42. Restaurants or cafes (excluding fast food or drive-ins). 43. Storage facilities (one facility per every five thousand people of the population). ,_ 44. Studios, large. 45. Studios, small. Page 10 of 19 46. Towing services. 47. Trailer sales (with or without service facilities). 48. Transitional housing. 49. Veterinary clinics and animal hospitals. 50. Wireless telecommunications facilities -non-stealth. SECTION 8. Addition to the Provisions Applying to Special Uses Section: Section 21.36.245 is added to Chapter 21.36 of the Campbell Municipal Code is added to read as follows,, with underlining indicating new text: 21.36.245 Collection Containers. A. Purpose. The City has experienced a proliferation of Collection Containers and their placement in required parking stalls, required landscaped areas, in residential areas located in many zoning districts of city, often without property owner's permission. The proliferation of these containers in-and-of themselves contribute to visual clutter; and in areas throughout the State, collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. The purpose of these regulations is to promote the health safety and/or welfare of the public, and protect the property rights of the owners of parcels on which the collection containers are located, by providing minimum blight- related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight; (3) the collection containers are maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion of materials from landfills. This section regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes. B. Definition in Municipal Code. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 21.72.020 of the Municipal Code. C. Conflictina Provisions.. Where a conflict exists between the reaulations or requirements in this section and applicable regulations or requirements contained in other sections of the Campbell. Municipal Code, the applicable regulations or reauirements of this section shall prevail. D. Permit Requirements. 1. Except as provided in paragraph 2 below, it is unlawful to place, operate, maintain or allow a collection container on any real property unless the property owner Page 11 of 19 and operator of the collection container first obtain an annually renewable permit from the City. 2. Collection containers that satisfy the following standards are exempt from the permit requirements of this section: a. Collection containers that are located within an entirely enclosed and lawfully constructed and permitted building, or that otherwise cannot be seen from outside of the boundaries of the property on which the containers are located, provided that such collection containers satisfy the operational requirements set forth in subsections I through K; b. Cargo storage containers that are in compliance with section 21.36.050 of this Code; c. Refuse or recycling containers that comply with the provisions of Chapter 6.04 of this Code. 3. Approval of collection containers on more than one parcel may be sought in a single application. 4. An application for a collection container shall be processed as ministerial action in accordance with this section. The Community Development Director shall be the decision maker. E. Application Requirements. The permit application shall be made on a form provided by the Community Development Department, and shall include: 1. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; 2. Anon-refundable application fee in an amount set by resolution of the City Council; 3. The name, address, email, website (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including 24-hour contact information 4. A vicinity map showing (a) the proposed location of the collection containers and (b) the distance between the site and all existing collection containers owned or controlled by the applicant within five-hundred feet of the proposed location for the collection containers; Page 12 of 19 5. Photographs of the location and adjacent properties; 6. A site plan containing: a. Location and dimensions of all parcel boundaries; b. Location of all buildings; c. Proposed collection container location; d. Distance between the proposed collection container. and parcel lines buildinas: and- e. Location and dimension of all existing and proposed driveways, Garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking; 7. Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the collection container and notice sign; 8. A description and/or diagram of the proposed locking mechanism of the collection container; 9. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and 10.Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section. F. Permit Expiration and Renewal. A permit issued under this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the Community Development Department, and shall include: 1. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval; Page 13 of 19 2. Anon-refundable application fee in an amount set by resolution of the City Council; 3. Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application; 4. A detailed description of any information that is different from the information submitted on the previous application; and 5. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section. G. Decision on Application. 1. The Community Development Director shall approve or deny an application within sixty days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required sixty days, the application shall be deemed approved. 2. The Community Development Director shall approve the application if all of the following are true. otherwise the Director may deny the application: a. The. applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee; b. The property on which the collection container is to be located has been free of graffiti (as defined in subsection (e) of California Government Code section 53069.3 or any successor statutel for at least six months prior to the submission of the application; c. The property on which the collection container is to be located has been free of any conditions constituting a public nuisance (as defined in section 6.10.020 of this Code) for at least six months prior to submission of the application; d. The applicant is neither currently in violation of, nor has been found in violation of this section or Chapter 6.10 of this Code within one year prior to submission of the application; and e. The application will be in compliance with all of the applicable provisions of this section. 3. The Community Development Director shall mail written notice to the applicant of the Director's decision by First Class United States mail addressed to the Page 14 of 19 applicant at the address provided on the application. If the application is denied, or approved subject to conditions the notice shall set forth the reasons for the denial or conditions as well as the facts supporting the Director's reasons. 4. The decision of the Community Development Director shall be final, and not subject to administrative appeal. H. Revocation. Any permit issued under this section may be revoked or modified as provided in Chapter 21.68 of this Code. I. Location of containers. 1. No large collection container shall be located outside of a C-2, C-M or M-1 zoning district. 2. No small collection container shall be located outside of a C-1, C-2, C-M or M- 1 zoning district. 3. No collection container shall be located within five-hundred feet from any other collection container except those described in paragraph 2 of subsection D of this section. 4. No collection container shall be located within three-hundred feet of a residentially zoned parcel. 5. No collection container shall be located on or within: a. The public right-of-way (including sidewalks); b. Area designated for landscaping; 6. No collection container shall be located in or block or impede access to any: a. Required parking or driveway areas; b. Pedestrian routes; c. Emergency vehicle routes; d. Building ingress and egress; e. Required handicapped accessibility routes; f. Required easements; or q. Trash enclosure areas or access to trash bins or trash enclosures. h. Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems. 7. No more than one collection container shall be located on any parcel, except for those described in paragraph 2 of subsection D of this section. Page 15 of 19 8. No large collection container shall be located within the designated setback space of any parcel. J. Physical Attributes. 1. All collection containers, other than those described in paragraph 2 of subsection D of this section shall: a. Be fabricated of durable and waterproof materials; b. Be placed on ground that is paved with durable cement; c. Have atamper-resistant locking mechanism for all collection openings; d. Not be electrically or hydraulically powered or otherwise mechanized; e. Not be considered a fixture of the site or an improvement to real property. 2. A small collection container shall be no taller than seven feet above the finished grade of the parcel on which it is located. 3. Small collection containers shall have the following information conspicuously displayed in at least two-inch type visible from the front on the collection container: a. The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b. The type of material that may be deposited; and c. A notice stating that no material shall be left outside the collection container. 4. Large collection containers shall have the following information conspicuously displayed in at least four-inch type visible on all sides of the collection container: a. The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner; b. The type of material that may be deposited; c. A notice stating that no material shall be left outside the collection container; and d. A statement that no items may be left for collection unless an attendant is on duty. Page 16 of 19 K. Maintenance and Operation. 1. No overflow collection items litter debris or dumped materials shall be allowed to accumulate within twenty feet of any collection container. 2. Collection containers shall be maintained and in good working order, and free from graffiti removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms. 3. Collection containers shall be serviced not less than weekly .between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 6.10.020 of this Code. 4. The operator shall maintain an active email address and a 24-hour telephone - service with recording capability for the public to register complaints. 5. Any conditions that are in violation of this section must be remedied or abated within forty-eight hours-of being reported to the operator or property owner. Notice to the operator shall be provided telephone and/or email at the number or address that is required to be placed on the container pursuant to this Code section. Notice to the property owner shall be effective upon delivery of the notice by First Class United States Mail to the address listed on the last equalized County Assessor's role. 5. Collection containers cannot be used for the collection of solid waste and/or any hazardous materials except as authorized by Chapter 6.04 of this Code or other applicable law. 6. The operators of the collection containers shall report all tonnage collected within city limits on a annual basis by June 1St of the following year to the public works department (pursuant to the requirements of Integrated Waste Management Act, (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 (Wiggins, SB 10161 and SB 1016, the Per Capita Disposal Measurement System i) in order to properly account for the City of Campbell waste diversion and recycling efforts. 7. Large collection containers shall have an attendant present at the container at all times that items are being collected. SECTION 9: Definitions of Collection Container: The following definitions are added to subsection C of Campbell Municipal Code section 21.72.020 between the definitions of "child day care facilities" and "clothing products manufacturing" to read as follows, with underlining indicating new text: Page 17 of 19 "Collection container" means adrop-off box, container, receptacle, trailer or similar facility that accepts textiles, shoes, books and/or other salvageable items of personal property. "Collection container, small" means a collection container that occupies no more than eighty-four cubic feet. "Collection container, large" means a collection container that occupies more than eighty-four cubic feet. SECTION 10: Definition of Recycling Facilities: The definition of "recycling facilities" in subsection R of Campbell Municipal Code section 21.72.020 is amended to read as follows, with underlining indicating new text and strikeouts (^+ril~~~) indicating deleted text: "Recycling facilities" means +hic l°n,+ „~° +„n° in^',,,~°~ a variety of facilities involved with the collection, sorting, and processing of recyclable materials. T.,ni^°"" ° ^°n+°r fnr +h° null°n+inn nnrJ/nr r,rr~n°cc~inn of r°n~inl~hl° mo+°ri~l~ A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. 1. "Collection facilities (large and small)" means a center where the public may donate, redeem, or sell recyclable materials, which may include the following, .where allowed by the applicable zoning district: a. Large collection facilities which occupy an area of more than eight-four cubic 359 ~q-ua-re feet, including but not limited to large collection containers and/or e permanent structuresi- b. Small collection facilities which occupy an area of eighty-four cubic ~~9-sure feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 85 cubic ~A-sgear~ feet; a-r~ (3) Kiosk-type units, which may include permanent structures; and (4) Small collection container. c. Reverse vending machine(s); 2. "Processing facilities" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by means of baling, briquetting, cleaning, compacting, crushing, Page 18 of 19 flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types: a. Light processing facility occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting,, crushing, grinding, shredding., and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact, or shred ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. 3. "Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. 4. "Reverse vending machines" means an automated mechanical device which accepts at least one or more types of empty beverage containers 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. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 85 cubic ~8-sg~re feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. SECTION 10: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 18th day of March, 2017, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Elizabeth "Liz" Gibbons, Mayor ATTEST: Wendy Wood, City Clerk Page 19 of 19 MAR/16/2017/THU 02:22 PM Tenax Law Group FAX No, 510 234 6009 Ii Attachment 3 T E NAX 145 PARK PLACE, SUITE A Law Group P C ATTORNEYS POINT RICHMOND, CA 94801 www.tenasla~~group.com T~ 510.234.2308 F: 510.234.6009 March 16, 2017 VIA Facsimile and U.S. Mail Fax: (831) 576-2269 William R. Seligmann, Esq. City of Campbell, City Attorney's Office 333 Church Street, Suite A Santa Cruz, California 95060 Re: Proposed Ordinance -,Zoning Clearance for UDBs Dear Mr. Seligmann: As you are aware, TENAX Law Group, P.C. represents Recycle for Change, a 501(c)(3) nonprofit public benefit corporation. Our client maintains a number of unattended donation bins ("UDBs") on a number of privately-owned parcels in cities throughout California, including in the City of Campbell. Thank you for providing us with a copy of a proposed ordinance regulating UDB's, which is being considered by the City. We have shared it with our client, and we would like to take this opportunity to raise several issues that are of particular concern to our client. First, it appears that UDBs will require a zoning clearance, .whereas "recycling facilities" require a use permit. (That is encouraging because it appears that the City is removing one of the main objections we have had to such regulations: it appears to make approval automatic, as a "ministerial action," if the conditions are met, rather than vesting unfettered discretion in a city official.) Our only concern here is that the cost be in line with similar "over-the-counter" type clearances that require minimal city resources.. The City of Milpitas has a similar process, and the fee is approximately $75.00. Second, the proposed ordinance requires that the application for a UDB zoning clearance include the signature of the property owner. This is problematic for our client for several reasons. We request that you consider language the would require a signature of the owner or a person who legally occtcpies the property (i.e. a tenant). • It is not always straightforward to figure out who the owner is for purposes of obtaining a signature, particularly when the property is held in a trust or LIAR/16/2017/THU 02.'23 PM Tenax Law Group March 16, 2017 Page 2 of 3 FAX No. 510 234 6009 P, 003 J owned by an entity. The Assessor's records typically don't contain that information. • Many landlords do not live locally and may even live in other states or even in other countries. (In such cases, not only are they difficult to contact, but they may have little or no vested interest in the community.) • Many landlords use property managers as intermediaries, which makes it more difficult to communicate with them. Even a tenant may not communicate directly with an owner. • Because the proposed ordinance requires an annual renewal of the zoning clearance, these communication difficulties would be encountered repeatedly. • It is the tenant who is physically present at the property and who can be more responsive to problems that may arise. (The tenant will be able to monitor our servicing of the UDB.) • It is the tenant who typically enters into other service-related contracts affecting the property, such as utilities and conducts business operations on the property. • As there is no alteration to the property or to permanent structures, the UDBs can be moved without any damage to the land. We believe that the requirement of a signature of a legal occupant (i.e. tenant) would address the City's concern, regarding boxes being placed without permission. Third, our client requests that the City consider allowing UDBs in high density residential zones, during business hours, since they are more heavily trafficked and typically generate greater volumes of discarded recyclable materials. (Waste audits show that multi-family units discard a higher percentage of textiles in the trash/landfill.) We would point out that recycling has a large behavioral component. Distance equates to diminished participation in recycling. In San Francisco, UDBs are allowed in many high density residential areas. Fourth, our client requests that the City consider allowing for a second UDB, if setback requirements are met, in cases where a single UDB is insufficient to accommodate the volume of recycled materials at the location. Fifth, our client asks that the City consider revising the maintenance radius from UDS be reduced from 20 feet to 10 feet (in other words, a circle with a diameter of 20 feet). A 20-foot radius is a substantial footprint, and this requirement would be very burdensome on UDB operators. Sixth, our client asks that the City clarify where it can fmd the setback requirements for the different zones, which you mention in your email of February 21, 2017. PEAR/16/2017/THU 02; 24 PM Tena~ La.u~ Groin FAX No. 510 234 6009 P, 004 March 16, 2017 Page 3 of 3 Lastly, our client is curious to know if Goodwill Industries has communicated with the City with respect to the proposed ordinance. In the past, our client has found that Goodwill is an advocate of strict regulations of UDBs, since Goodwill apparently views UDBs to be a "competitor" for recyclable materials. We have observed representatives of Goodwill advocating for strict regulation of UDBs in other cities. (It has been our experience that some of the more onerous provisions in a UDB ordinance, including provisions that we are currently challenging in court, were passed at the urging of Goodwill.) We appreciate that you have kept us apprised of the progress and status of the proposed ordinauc~. We luck forward to continuing to work with you and with the City of Campbell. Very Truly Yours, , ~N Jo . Schilt john chilt@tenc~xlc~wgroup.com JWS/jss Cc: Keld Duus, Recycle for Change U fir' 0 0 ti~ 1~a G •~kCHAAO~ CITY OF CAMPBELL Community Development.Department ,March 17, 2017 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, March 28, 2017, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider aCity- initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). Staff is recommending that this item be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Plans and architectural drawings may be viewed at the Planning Division office during normal business hours (8:00 a.m. - 5:00 p.m.) and on the City's 'Public Notices' web page (_http://www.cityofcampbell.com/501/Public-Notices) under `Planning Commission'. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL PAUL KERMOYAN PLEASE NOTE: When calling about this Notice, please refer to: Zoning Code Amendment to amend Title 21 SECRETARY 70 North First Street -Campbell, California 95008-1423 -TEL 408.866.2140 -FAX 408.871-5140 - TDD 408.866-2790 3071613, "` 30740041 30521001 CHAriAL GURBACHAN ET AL FKIARAS THEOFILOS G AND MARIA E ET AL GREWAL PRITAM S AND MANJEET K ET AL 1533 W CAMPBELL AVE 7172 MCKEAN CT 4219 CHABOYA HILLS CT CAMPBELL CA 95008-1527 SAN JOSE CA 95120 SAN JOSE CA 95148-3700 41233020 NICHOLSON LAND HOLDINGS LLC 161 CURTNER AVE BLDG 2 CAMPBELL CA 95008 27929033 WESTERN DEALER HOLDING COMPANY LLC 337 E HAMILTON AVE CAMPBELL CA 95008 27931007 BUZOLICH MARC W TRUSTEE & ET AL 118 W PECKHAM ST NEENAH WI 57956 30733008 CHUN ERIC W AND SUSAN E TRUSTEE 714 S CLOVER AVE SAN JOSE CA 95128-3315 Tenax Law Group, PC 145 Park Place, Suite A Richmond, CA 94801 40610006 BAY AREA OIL SUP INC 1500 FASHION ISLAND BLVD SAN MATEO CA 94404 Recycle for Change 1081 Essex Ave Richmond, CA 94801 Goodwill of Silicon Valley 1080 N. 7th Street San Jose,. 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