Chapt 21.59-Garbage (2003)MEMORANDUM
To:
From:
D ate:
Darcy Smith
la~,r ii, Community Development Department
~a~ Heinsley
(D~puty City Clerk
February 19, 2003
Subject:
City-initiated Amendment to Chapter 21.59 General Provisions and
Exceptions of the Muni Code requiring the screening of garbage, recycling
and yard waste containers and adding language to Section 6.04.020
regulating the use of rubbish containers.
At the regular meeting of February 18, 2003, the City Council adopted Ordinance No.
2027 amending Chapter 6.04 of the Campbell Municipal Code - Garbage and Rubbish
Disposal - and Chapter 21.59 - General Provisions and Exceptions. A certified copy of
this Ordinance is attached for your records.
This Ordinance will be published in the Campbell Express dated February 26, 2003 and
will be forwarded to Book Publishing for codification.
ORDINANCE NO. 2027
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.04
OF THE CAMPBELL MUNICIPAL CODE - GARBAGE AND RUBBISH DISPOSAL AND
CHAPTER 21.59 - GENERAL PROVISIONS AND EXCEPTIONS
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Section. 6.04.020 of the Campbell Municipal Code is hereby amended to
read as set forth in Exhibit A, attached hereto.
SECTION TWO: That Chapter 21.59
Municipal Code is hereby amended to
attached hereto.
General Provisions and Exceptions of the Campbell
include Section 21.59.100 as set forth in Exhibit A,
SECTION THREE: The amendment to Chapter 6.04 shall become effective thirty days following
its passage and adoption and shall be published once within 15 days upon passage and adoption
in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of
Santa Clara.
SECTION FOUR: The amendment to Chapter 21.59 shall become effective six (6) months
following its passage and adoption and shall be published once within 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 ofFebruary , 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILlVlE~ERS: Watson, Kennedy, Dean, Burr, Furtado
COUNCILlVlEMBERS: None
COUNCILlVlEMBERS: None
COUNCILMEMBERS: None
APPROVED:
Daniel E. Furtado, Mayor
Anne Bybee, City Clerk
:~r'JJE FOREGOI'N~ INS"'CRU'~,.C-NT ~'~ A TRiSE
AND CORRECT COP',! '"F THE ORIGtNAt.
ON FILE IN THIS Os J ICE.
ANNE EYi~EE, CITY OLERK. CIoFt~MPBE, j_i,.' CALIFO'RNI.A. ~ Ti'
EXHIBIT A
6.04.020 Regulations for accumulation.
It is unlawful for any person to deposit, keep, accumulate, or permit or cause any refuse to
be deposited, kept, or accumulated upon any lot or parcel of land, streets, and alleys or
drives, unless the same is kept, deposited, or allowed to accumulate in galvanized metal
receptacles provided with handles, or acceptable plastic container. Storage within
buildings, or outside and within five feet of a combustible surface, must be within a metal
receptacle. Storage of combustibles within a building in individual containers of 1.5 cubic
yards or greater shall be provided with a one-hour occupancy separation from the
remaining area of the building or protected by an automatic fire sprinkler head(s). Outside
storage within five feet of combustible surfaces may be allowed when protected by an
automatic fire sprinkler head. Receptacles shall have a capacity of not less than thirty-two
gallons, nor more than six yards, unless an approved container of larger size is provided by
the contractor, and the receptacles shall be provided with close-fitting metal lids or covers
which shall be kept closed at alt times except when necessarily opened to permit deposit or
removal of refuse. Container shall be kept in sanitary condition by owners and free of
holes that might cause leakage or the emission of any offensive vapors, gases or odors. No
container, when filled, shall weigh more than seventy pounds. No container shall be placed
in any manner such that the container impedes normal vehicular traffic, public
transportation or pedestrian or wheelchair access to public rights-of-way. No garbage,
recycling or yard waste containers shall be placed at curbside or other location visible to
the public more than 24 hours preceding the day of scheduled collection by the contractor
and shall be removed from the curbside or any other location visible to the public within
24 hours the day immediately following the scheduled collection by the contractor. Tree
trimmings and other similar items which cannot be conveniently placed in containers shall
be cut into lengths not over four feet and tied into bundles not over eighteen inches in
diameter by the occupant of the premises and presented in such manner that they do not
present a menace to health, safety, or traffic.
The following section shall be added to Chapter 21.59 General Provisions and Exceptions of the
Municipal Code:
21.59.100 Screening of Garbage Containers for Single-family Residential Properties.
Except during the period of time specified in Chapter 6.04 of the Municipal Code, no
garbage, yard waste or recycling containers may be placed, kept or stored within any front
yard or street side yard on comer lots and all garbage, yard waste or recycling containers
shall be fully screened from view from the public street right-of-way by a structure, fence,
wall, or landscaping that is as tall as the tallest container(s), unless otherwise approved by
the Community Development Director.
COMMUNICATIONS AND PETITIONS
There were no Communications and Petitions.
CONSENT CALENDAR
Mayor Furtado asked if any, Councilmember or anyone in the audience wished to remove an
item from the Consent Calendar.
Councilmember Dean requested that Item 6 - Approval of Plans and Specifications and
Authorize Call For Bids - Annual Sidewalk Maintenance Project (03~72) and Accessibility
Ramps Project (02-02) and Item 11 - Resolution Establishing a Voluntary Payroll Deduction
Program be removed for discussion.
The Consent Calendar was considered as follows with the exception of Items 6 and 11:
1. Minutes of Study Session of February 4, 2003
This action approves the Minutes of the Study Session of February 4, 2003.
2. Minutes of Regular Meeting of February 4, 2003
This action approves the Minutes of the Regular Meeting of February 4, 2003.
3. Payment of Bills and Claims
This action approves the list of bills and claims for payment as follows: payroll related
checks dated January 30, 2003 in the amount of $195,672.49; bills and claims checks
dated February 3, 2003 in the amount of $426,390.66; and bills and claims checks
dated February 10, 2003 in the amount of $154,825.72; for a combined total of
$776,888.87.
Ordinance 2027 Amending Chapter 21.59 General Provisions and Exceptions of the
Campbell Municipal Code requiring the screening of garbage, recycling and yard
waste containers and adding language to Section 6.04.020 regulating the use of
rubbish containers (Second Reading/Roll Call Vote)
Second reading of Ordinance 2027 amends Chapter 21.59 General Provisions and
Exceptions of the Campbell Municipal Code requiring the screening of garbage,
recycling and yard waste containers and adding language to Section 6.04.020 regulating
the use of rubbish containers.
Minutes of 2/18/03 City Council Meeting 2
M/S: Kennedy/Burr -'that the City Council approve the Consent Calendar. Motion
adopted by the following roll call vote:
AYES : Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES : Councilmembers: None
ABSTAIN: Councilmembers: Dean, Furtado - Item 2
ORAL REQUESTS
no
Esther Kwok, 300 N. Milton Avenue, Campbell, appeared before the City Council and
spoke regarding the gtate Budget and the impact it will have on local schools.
Jeanne Erickson, 417 S. Genevieve Lane, Campbell, appeared before the City Council
and spoke regarding the State Budget and the impact it will have on local schools.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
City-initiated Text Amendment to add a Section to Chapter 21.59 General
Provisions and Exceptions of the Campbell Municipal Code requiring the screening
of garbage, recycling and yard waste containers and adding language to Section
6.04.020 regulating the use of rubbish containers (Introduction of Ordinance/Roll
Call Vote)
This is the time and place for a public hearing to consider a City-initiated Text
Amendment to add a Section to Chapter 21.59 General Provisions and Exceptions of
the Campbell Municlpal Code requiring the screening of garbage, recycling and yard
waste containers and adding language to Section 6.04.020 regulating the use of rubbish
containers.
Community Development Director Fierro - Staff Report dated February 4, 2003.
Councilmember Dean requested an amendment to the ordinance that would include
landscaping as an acceptable method of screening and that the word "solid" be removed
to allow greater flexibility in the types of screening that would be permitted.
Mayor Furtado declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Furtado closed the public hearing.
Minutes of 2/4/2003 City Council Meeting 3
M/S: Dean/Kenned, y - that the City Council introduce 'Ordinance 2027 for first
reading which would amend Campbell Municipal Code Chapter 6.04, to regulate
rubbish containers and upholding the Planning Commission's recommended
approval of a Text Amendment amending Chapter 21.59, adding Section 21.59.100
to regulate the screening of garbage containers for single-family residential
properties and incorporating Council recommended change to 21.59.100 as follows:
"...and all garbage, yard waste or recycling containers shall be fully screened from
view from the public street right-of-way by a structure, fence, wall or landscaping
that is as tall as the tallest container(s), unless otherwise approved by the
Community Development Director." Motion adopted by the following roll call
vote:
AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
The City Clerk read the title of Ordinance No. 2027.
M/S: Burr/Kennedy - that further reading of Ordinance 2027 be waived. Motion
adopted unanimously.
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
Amendment to the Second Amended and Restated Central Campbell
Redevelopment Plan extending the time limit for establishment of loans, advances
and indebtedness (Introduction of Ordinance/Roll Call Vote)
Redevelopment Mana'ger Heinrichs - Staff Report dated February 4, 2003.
M/S: Watson/Kennedy - that the City Council introduce Ordinance 2028
amending the Second Amended and Restated Central Campbell Redevelopment
Plan (the "Plan"), and Ordinance No. 1461, adopted on June 21, 1983, Ordinance
No. 1830, adopted on January 15, 1991, Ordinance No. 1860, adopted on June 16,
1992, and Ordinance No. 1912, adopted on December 6, 1994 for first reading; and
that the City Council approve the filing of the attached proposed Notice of
Exemption for the Ordinance. Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 2028.
Minutes of 2/4/2003 City Council Meeting 4
Council
Report
Item No.:', 6
Category: Public Hearing-.
Introduction of Ordinances
Date: February 4, 2003
TITLE:
City-initiated Text Amendment to add a Section to Chapter 21.59 General
Provisions and Exceptions of the Campbell Municipal Code requiring the
screening of garbage, recycling and yard waste containers and adding
language to Section 6.04.020 regulating the use of rubbish containers.
cITY COUNCIL OPTIONS
The City Council may take one of the following options:
1. Adopt an Ordinance amending the Campbell Municipal Code Chapter 6.04, Section
6.04.020 to regulate rubbish containers and Upholding the Planning Commission's
recommended approval of a text amendment amending Chapter 21.59, adding Section
21.59.100 to regulate the screening of garbage containers for single-family residential
properties.
2. Do not adopt an Ordinance amending the Campbell Municipal' Code Chapter 6.04,
Section 6.04.020 to regulate rubbish containers and upholding the Planning
Commission's recommended approval of a text amendment amending Chapter 21.59,
adding Section 21.59.100 to regulate the screening of garbage containers for single-family
residential properties.
3. Continue the item for further review or refer the matter back to the Planning
Commission.
BACKGROUND
At the October 15, 2002 City Council meeting a resident voiced concern, under Oral ReqUests,
regarding the. length of time that rubbish containers were sitting in the public .' rights-of-way
before and after scheduled trash collection days. As a follow-up to the Oral Request, staff
indicated that they would prepare an amendment to the Municipal Code restricting the length of
time that rubbish and recycling containers might be left Visible to public view and regulating the
screening of trash and recycling containers. Secondarily, the proposed amendment is called for in
the adopted General Plan Strategy no. CNR-9. lj.
Currently there are no regulations addressing the placement and screening of garbage, yard waste
or recycling containers on single-family residential properties. Commercial, industrial, and multi-
family residential uses are currently required by the Municipal Code to keep their refuse
containers in an enclosure with a minimum five-foot high sight-obscuring wall or fence under
Section 6.04.080, Minimum Service-Containers, of the Campbell Municipal Code. These uses
City Council Report
Text Amendment to Campbell Municipal Code
are also required to provide adequate, accessible and convenient areas for collecting and loading
recyclable materials.
DISCUSSION
Use of Rubbish Containers: Staff reviewed the practices and municipal codes of neighboring
communities including Cupertino, Los Gatos, Monte Sereno, San Jose and Saratoga. Two of the
communities, Los Gatos and Monte Sereno, have no time limits whereas the other three specify
either noon or 24 hours of the day preceding scheduled collection and either noon or 24 hours of
the day immediately following scheduled collection as the permissible allotted time that rubbish
containers may sit curbside or in the public rights-of-way. Staff is recommending the 24 hour
option, as is cited in the adopted General Plan.
A change is also recommended to a sentence in Section 6.04.020 with respect to the minimum
and maximum size of receptacles because the minimum size has increased from ten gallons to
thirty-two gallons and the maximum size has increased from thirty-two gallons to six yards. An
addition is also recommended to a sentence referring to the sanitary condition of rubbish
containers further specifying that the containers be in good shape, free of holes that shall allow
for the release of offensive vapors, gases or odors. Lastly, language was added that the placement
of rubbish containers on collection days shall not impede pedestrian, wheelchair or vehicular
traffic. If approved by the City Council, this text amendment would be effective 30 days from the
date of adoption.
Screening of Garbage Containers for Single-family Residential Properties: With respect to the
screening and storage of garbage, recycling and yard waste containers, Saratoga prohibits garbage
containers to be placed, kept or stored within any front yard or exterior side yard and requires all
garbage containers to be fully screened from public view by a structure, fence, wall or
landscaping. Saratoga reported that there are between one and three complaints per month
regarding violations of this regulation. San Jose requires containers to be kept within the side or
rear yard of the premises where the garbage is generated but does not require any screening. Los
Gatos does not require screening for single- and two-family dwellings.
The Planning Commission is recommending a regulation similar to that of Saratoga that would
require containers to be screened from view from the public street right-of-way by a structure,
fence, or wall that is as tall as the tallest container(s) on single-family residential properties. This
appears to be the most effective regulation in keeping with what most residents do currently. If
approved by the City Council, this text amendment would be effective six months from the date
of adoption in order to allow adequate time for staff to inform residents' of the new regulation
via the local press, local cable channel, City website, and The Campbell Profile. In addition
Green Valley Disposal Company has offered to distribute a newsletter to all their Campbell
customers informing them of these new regulations.
Code Enforcement: Should these proposed regulations be violated, staff would first conduct a
thorough investigation and send a courtesy notification to the property owner and provide a
reasonable compliance period. If the attempts at voluntary compliance were not successful, staff
City Council Report
Text Amendment to Campbell Municipal Code
would provide a Notice of Noncompliance and provide an adequate amount of time to correct the
violation. If the violation continues, the property owner could be issued an infraction or
misdemeanor citation as outlined in Section 6.04.240 - Penalty and in Section 21.88.040 -
Penalties.
The Planning Commission recommended a provision in Section 21.59.100 that would allow the
Community Development Director to approve alternative screening methods or locations for
containers because of existing conditions, such as a fence that is currently located on the street
side yard on comer lots or an existing garbage enclosure in the front yard.
Planning Commission Action: The Planning Commission at its meeting of January 14, 2003,
adopted Resolution No. 3475 recommending approval of the text amendment requiring the
screening of garbage, recycling, and yard waste containers and prohibiting them to be stored
within any front yard or street side yard on comer lots on single-family residential properties. A
copy of the Planning Commission resolution and the meeting minutes is attached.
FISCAL IMPACT
Adoption of the proposed Ordinance may result in an increase in the number of Code
Enforcement cases and therefore an increased workload for the one code enforcement position.
The actual number of potential cases is unknown but it is anticipated to be accommodated by
current Community Development Department staff and would not require additional positions.
ALTERNATIVES
Attachments:
1. Draft City Council Ordinance
2. Planning Commission Resolution and Minutes
Prepared by: ~0J'~
Darcy Smith, Planner ri
Reviewed by:~ ~~'~
Sharon Fierro, Community Development Director
Approved
_
anager
City considers
requiring the
screening of
trash, yard bins
By JENNIFER D. SHIH
Owners of single-family residential
properties may soon have to watch
where they put their trash and recy=
cling bins.
Ara Campbell Planning Commis-
sion meeting on Jan. 14 city staffers
recommended that Campbell change
its municipal code to require the
screening of garbage, recycling and
yard waste containers so they are not
visible from the street. The new ordi-
nance would prohibit all owners of
single-family residential properties
from storing these containers and bins
in front or side yards where they
would be visible.
At the October 2002 Campbell City
Council meeting, a resident expressed
concern that townhouse residents on
Redding Road were leaving trash bins
on the street and sidewalks. The coun-
cil requested that city staff review the
issue. At a subsequent meeting,
staffers brought their findings before
the city council, and a discussion
between the members of the city
council revealed that the municipal
code was unclear on this issue.
A two-part amendment would be
required---addressing the amount of
time trash can be left on the streets,
which is legislated by the city council,
and the screening of garbage and yard
waste, which fails under the Campbell
Planning Commission's jurisdiction.
The municipal code regarding
garbage containers addresses com-
mercial and industrial properties and
multi-family residences but does not
address single-family homes.
"Townhouses are a hybrid between
single-family and multi-family
homes," said Campbell Community
Development Director Sharon Fierro.
Page 9
· CITY BEAT
Trash screening
Page 1
Townhouses are treated like single-fam-
ily residences, Fierro said, in that each
townhouse has its own garbage container.
After staffmade their recommendation,
Campbell Planning Commissioner
George Doorley asked how the city will
communicate the change to residents, if
there were any penalties attached and
whether staff would be able to enforce the
new code.
"We don't anticipate this to be a major
problem," Fierro said. "I think most peo-
ple are already in compliance.'
It was decided that the city would send
a courtesy notification to the resident who
may have left their trash bins in public
view. Fierro said that usually solves the
problem. If the resident does not comply,
then the city will send a notice of violation.
And in the case of a flagrant violation the
city can cite the resident, she added.
But Fierro said the city would work with
residents so property owners can be given
a reasonable amount of time to comply
with the new code.
"A citation won't screen the trash, and
it won't solve the problem," Fierro said.
Fierro also said the city wants to be flex-
ible on the issue. Owners of some older
homes may have a configuration problem
and not be able to screen their bins.
"Those i:;clividuals need to call the plan-
, ang department and let us know their prob-
'We don't anticipate this
to be a major problem. I
think most people are
already in compliance'
Sharon Fierro
lems. Pictures would also be helpful," she
said. "We want to work with the community."
Campbell Planning Commissioner
Michael Rocha commented that many
properties are not occupied by the owner
and that tenants are the ones responsible.
Fierro replied that both tenants and own-
ers would be notified of any problems.
The city reviewed several options that
would enable residents to comply with the
regulation. The final recommendation was
to fully screen the containers from the pub-
lic street using a solid structure, fence or
wall that is as tall as the tallest containers.
Neighboring communities all have a
variety of regulations regarding trash con-
tainers, according to the report prepared
by the city. Los Gatos does not require
screening for single and two-family
dwellings, while Saratoga requires that all
garbage containers be fully screened.
The matter still has to be approved by
the Campbell City Council, which is sched-
uled to discuss the matter on Feb. 4. If
approved, Fierro anticipates the screen-
ing regulations will not take effect until
September 2003.
Attachment #2
RESOLUTION NO. 3475
BEING A RESOLUTION OF THE PLANNING COIvIMISSION OF THE
CITY OF CAMPBEIJ. RECOMMENDING THAT THE CITY COUNCIL
APPROVE A TEXT AMENDMENT (PLN2002-157) TO ADD A
~SECTION TO CHAPTER 21.59 (GENERAL PROVISIONS AND
EXCEPTIONS) OF THE CAMPBELL MUNICIPAL CODE
REQUIRING THE SCREENING OF GARBAGE, RECYCLING AND
YARD WASTE CONTAINERS AND PROHIBITING THEM TO BE
STORED WITHIN ANY FRONT YARD OR STREET SIDE YARD ON
CORNER LOTS ON SING!.~-FAMILY RESIDENTIAL PROPERTIES.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of ail evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-157:
The screening of garbage containers is required under General Plan Strategy CNR-9. lj. The
City is required to amend its Zoning Code within a reasonable time to ensure consistency
with the updated General Plan under Government Code Section 65860.
The addition of the proposed section .to Chapter 21.59 (General Provisions and Exceptions)
of the Campbell Municipal Code would prohibit garbage, yard waste or recycling containers
from being stored within any front yard or street side yard on comer lots and require them to
be fully screened from view from the public right-of-way by a structure, fence, or wall that is
as tall as the tallest container(s) on single-family residential properties, unless otherwise
approved by the Community Development Director.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed text amendment is consistent with the intent and purposes of the Zoning
Ordinance, which is to encourage the most appropriate use of land throughout the city; to
stabilize and conserve the value of property; to provide adequate light, air and reasonable
access; to secure safety from fire and other dangers; to prevent overcrowding of land; to
avoid undue concentration of population; to facilitate the adequate provision for
transportation, water, sewerage, schools, parks and other public health, safety, peace, morals,
comfort, and welfare, all in accordance with a comprehensive zoning code and general plan;
and
2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.59
(General Provisions and Exceptions) of the Campbell Municipal Code; and
3. The proposed text amendment is consistent with the goals, policies, and strategies of the
General Plan.
Planning Commission Resolution 3475.
PLN2002-157 - Text Amendment -- Chapter 21.59 of the Municipal Code
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council approve a Text Amendment (PLN2002-157) to allow the addition of a section to
Chapter 21.59 (General Provisions and Exceptions) of the Campbell Municipal Code per
Attachment #1, requiring the screening of garbage, recycling and yard waste containers and
prohibiting them to be stored within any front yard or street side yard on comer lots on single-
family residential properties.
PASSED AND ADOPTED this 14th day of January 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doofley,
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Francois, Gibbons,
Hemandez, Jones
ATTEST:
APPROVED:
Joseph Hemandez, Chair
Attachment A
Recommended Text Amendment:
It is recommended that the following section be added to Chapter 21.59 (General Provisions and
Exceptions) of the Municipal Code:
21.59.100 Screening. of Garbage Containers for Single-family Residential'
Properties. Except during the period of time specified in Chapter 6.04 of the
Municipal Code, no garbage, yard waste or recycling containers may be placed,
kept or stored within any front yard or street side yard on corner lots and all
garbage, yard waste or recycling containers shall be fully screened from view
from the public street right-of-way by a solid structure, fence, or wall that is as
tall as the tallest container(s), unless otherwise approved by the Community
Development Director.
This text amendment shall be effective six months from the date of adoption.
Planning Commission Minutes of January 14, 2003 Page 4
2. PLN2002-157
Staff
Public hearing to consider a City-initiated text amendment
(PLN2002-157) to add a section to Chapter 21.59 General Provisions
and Exceptions of the Campbell Municipal Code requiring the
screening of garbage, recycling and yard waste containers and
prohibiting them to be stored within any front yard or street side yard
on comer lots on single-family residential properties. This project is
Categorically Exempt. Tentative City Council Meeting Date:
February 18, 2003. Project Planner: Darcy Smith, Planner II.
Ms. Sharon Fierro, Community Development Director, presented the staff report as follows:
· Advised that it was brought to the City Council's attention, at their meeting of October 15,
2002, that residents living on Redding Road were unhappy with one property owner that
has been leaving a dumpster out on the sidewalk for extended periods of time.
· Added that the Municipal Code, as it is currently written, does not offer clear guidelines on
how long a trash container can stay out.
· Said that the Council directed staff to prepare an amendment to the Municipal Code to
clarify this. Additionally, the 'Planning Commission is to review an amendment that
pertains to a requirement to screen trash containers from public view.
· Stated that a policy incorporated into the last edition of the General Plan, adopted in
December 2001, calls for the screening and a limitation of the time a container can be left
on the street for pickup.
· Informed that staff conducted a survey of several other communities and has come up with
a recommendation that 24 hours, before and after garbage pickup, is a reasonable amount
of time whereby the container can stay out in the public view.
· Reiterated that. the Commission tonight is to consider the screening requirements only.
· Stated her availability for questions.
Commissioner Doorley asked how these new regulations would be communicated to residents,
what penalties would be imposed and whether there is sufficient staff available to enforce these
new requirements.
Director Sharon Fierro:
· Advised that a clause has been incorporated that states that this change would be effective
six months after final adoPtion.
· Added that staff will work with the local newspapers, the Campbell Express and Campbell
Reporter, to get the word out.
· Assured that the City would not use a heavy hand to enforce but rather would try to ask for
a reasonable compliance period. However, flagrant violations could result in a citation.
Commissioner Doofley asked what steps would lead to a citation.
Director Sharon Fierro:
· Stated that the Code Enforcement process starts from a complaint. Staff does not
necessarily drive around looking for violations.
· Said that following receipt of a complaint, staff sends a courtesy notification to the
property owner. Typically, 85 to 90 percent of the cases are handled right away. For those
Planning Commission Minutes of January 14, 2003 Page 5
who do not. comply, a second notice is sent, a Notice of Violation. People pay more
attention to that one and are given ample time to correct the violation.
· Added that in the future an Administrative Citation will be an option, which would result in
the sending of a bill.
· Said that a bill, unfortunately, does not screen trash.
· Advised that after the Citation process, a case ends up with the City Attorney.
City Attorney William Seligmann:
· Added that an arraignment date is set but that they try to work things out prior to that step.
· Said that the penalties are either a misdemeanor or infraction citation, both with little or no
fine. However, the City is not looking for a fine. Typically, they result in a probation
violation requiring compliance or the Court will come down on the violator. The
· maximum fine is typically $1,000.
Commissioner Doofley asked about enforcement staff, saying that this makes a difference in
the effectiveness of this amendment.
Director Sharon Fierro:
· Stated that most people want to comply and arrange to comply.
· Added that staff must prioritize Code Enforcement. Substandard housing and nuisance
property conditions that result in rats are the types of cases that take precedence.
· Advised that she did not anticipate that enforcement of this new Ordinance would be a big
problem.
Commissioner Rocha asked how non-owner occupied properties are dealt with and whether it
is the individual using the property or the property owner who is notified of violations.
Director Sharon Fierro agreed that trash screening could be a physical attribute of the property.
While staff attempts to work with the resident, the owner, if different, is also notified.
Commissioner Alderete pointed out that hedge screening is not mentioned in the draft but
rather just solid structure walls and fences.
Director Sharon Fierro replied that hedges were originally in the draft but staff took it out since
it is possible the proposed hedge screening could be inadequate to accomplish the required
screening.
Senior Planner Geoff I. Bradley added that language in the Ordinance gives the Director some
leeway.
Commissioner Gibbons advised the Commission that without such an Ordinance, staff has no
leverage to enforce problems of garbage container screening for residential properties. This
Ordinance will serve as a tool for staff and the community.
Commissioner Rocha pointed out that if the Ordinance does not have "teeth" no one would
respond.
Planning Commission Minutes of January 14, 2003 Page 6
Chair Hemandez opened and closed the Public Hearing for Agenda No. 2.
Commissioner Doofley stated his support of this Ordinance amendment since blight is a big
problem within a community. Agreed that the Ordinance needs teeth and must be strong
enough to do something to correct the problem.
Commissioner Gibbons asked if the enforcement process outlined by staff is typical.
Director Sharon Fierro replied yes.
City Attomey William Seligmann added that while staff does not go out to find enforcement
issues, if staff happens to come across a dangerous conditiOn, those concerns are pursued.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Alderete, the Planning Commission adopted Resolution No. 3475
recommending the addition of a section to Chapter 21.59 General
Provisions and Exceptions of the Campbell Municipal Code requiring the
screening of garbage, recycling and yard waste containers and prohibiting
them to be stored within any front yard or street side yard on corner lots
on single-family residential properties and found the project Categorically
Exempt, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and
Rocha
NOES: None
ABSENT: None
ABSTAIN: None
MISCELLANEOUS
Chair Hernandez read Agenda Item No. 3 into the record.
3. Update on AB1866 Update on Assembly Bill 1866 conceming sedondary living units.
Project Planner: Sharon Fierro, Community Development Director.
Ms. Sharon Fierro, Community Development Director, presented the staff report as follows:
· Advised that the State Legislature approved Assembly Bill 1866 on September 29, 2002,
which requires that secondary living units be approved through an administrative process
and prohibits any City requirement for public hearing. This is effective as of July 1, 2003.
· Pointed out that existing law allows for a Use Permit process but the new law will prohibit
the public hearing process required for issuance of a Use'Permit.
· Stated that the language in the bill is both confusing and contradictory and that while
secondary living units would no longer require a Use Permit with public hearing, all
standards would still have to be met.
ITEM NO. 2
CAMPBELL
PLN2002-157
City of Campbell
STAFF REPORT - PLANNING COMMISSION MEETING OF
JANUARY 14, 2003
Public hearing to consider a City-initiated text amendment (PLN2002-157)
to add a section to Chapter 21.59 (General Provisions and Exceptions) of
the Campbell Municipal Code requiting the screening of garbage, recycling
and yard waste containers and prohibiting them from being stored within
any front yard or street side yard on comer lots on single-family residential
properties.
STAFF RECOMMENDATION
That the Planning Commission takes the following action:
Adopt a Resolution, incorporating the attached findings, recommending approval of a text
amendment adding a section to Chapter 21.59 (General Provisions and Exceptions) of the
Campbell Municipal Code requiring the screening of garbage, recycling and yard waste
containers and prohibiting them from being stored within any front yard or street side yard on
comer lots on single-family residential properties.
DISCUSSION
Background: At the October 15, 2002 City Council meeting, a resident spoke under Oral
Requests to express concern that townhomes on Redding Road were leaving trash containers on
the public street and sidewalks. The City Council directed staff to prepare amendments to the
Municipal Code to regulate the screening of trash and recycling containers and the length of time
that that containers can be placed in the public tight-of-way.
The City of Campbell adopted the following General Plan Strategy in November 2001:
Strategy CNR-9.1j: Garbage Removal Ordinance: Develop and implement an
ordinance to require the removal of garbage cans from the curb 24 hours after
service, prohibit the placement of the cans on the curb no more than 24 hours
before service and require the screening of garbage cans.
Commercial, industrial, and multi-family residential uses are currently required by the Municipal
Code to keep their refuse containers in an enclosure with a minimum five-foot high sight-
obscuring wall or fence under Section 6.04.080 (Minimum Service-Containers) of the Campbell
Municipal Code. These uses are also required to provide adequate, accessible and convenient
areas for collecting and loading recyclable materials. Currently there are no regulations
addressing the placement and screening of garbage, yard waste or recycling containers on single-
family residential properties.
Each single-family residence typically has at least one garbage container, three recycling bins,
and a 96-gallon yard waste container, as shown in the photo below. These containers are typically
Staff Report - Planning Commission Meeting of January 14, 2003
PLN2002-157- Text Amendment
Page 2 of 3
stored on the side of the house, in the garage, or in the front yard area. Sometimes they are kept
outside the garage or side yard fence and are visible from the public street right-of-way.
ANALYSIS
Staff has identified four alternative methods to require screening of garbage, recycling and yard
waste containers. These include:
1. Require garbage, recycling and yard waste containers to be screened from view from
the public right-of-way.
This would be very general and thus would be difficult to enforce because it would be
subject to various interpretations.
2. Require containers to be located behind the front building wall line.
This would not necessarily lead to the screening of trash enclosures. The building
wall line could range from 15 to 50+ feet for single-family residences.
3. Require containers to be located a minimum distance back from the public right-of-
way.
Although the containers would be required to be stored a specific distance back to
minimize their appearance, the containers would not be required to be screened from
view.
4. Prohibit containers to be placed, kept or stored within any front yard or exterior side
yard and requiring all containers to be fully screened from view from the public street
right-of-way by a solid structure, fence, or wall that is as tall as the tallest
container(s).
This appears to be the most effective regulation in keeping with what most residents
do currently.
Summary of Other Cities' Regulations: As part of the research of this issue, staff surveyed nearby
communities' regulations of the screening and storage of garbage, recycling and yard waste
containers. The regulations of Los Gatos, Saratoga, and San Jose are summarized below.
Staff Report - Planning Commission Meeting of January 14, 2003
PLN2002-157- Text Amendment
Page 3 of 3
Los Gatos: No screening required for single- and two-family dwellings. Other uses are required
to store and screen garbage and waste containers from view within a building or six-foot high
enclosure.
Saratoga: The Municipal Code prohibits garbage containers to be placed, kept or stored within
any front yard or exterior side yard and requires all garbage containers to be fully screened from
public view by a structure, fence, wall or landscaping.
San Jose: Containers are required to be kept within the side or rear yard of the premises where
the garbage is generated.
Timing of Placement and Removal of Containers for Service: The Public Works Department is
preparing a text amendment to Chapter 6.04 of the Municipal Code that would require the
removal of garbage, recycling and yard waste containers from the public street right-of-way 24
hours after service and prohibit the placement of the containers in the public street right-of-way
no more than 24 hours before service that will be presented to the City Council concurrently with
this proposed text amendment.
Proposed Amendment: It is recommended that the following section be added to Chapter 21.59
(General Provisions and Exceptions) of the Municipal Code:
21.59.100 Screening of Garbage Containers for Single-family Residential
Properties. Except during the period of time specified in Chapter 6.04 of the
Municipal Code, no garbage, yard waste or recycling containers may be placed,
kept or stored within any front yard or street side yard on comer lots and all
garbage, yard waste or recycling containers shall be fully screened from view from
the public street fight-of-way by a solid structure, fence, or wall that is as tall as
the tallest container(s), unless otherwise approved by the Community
Development Director.
The addition of the proposed section to Chapter 21.59 (General Provisions and Exceptions) of
the Municipal Code would prohibit garbage, yard waste or recycling containers from being stored
within any front yard or street side yard on comer lots and require them to be fully screened from
view from the public street right-of-way by a structure, fence, or wall that is as tall as the tallest
container(s) on single-family residential properties. This text amendment shall be effective six
months from the date of adoption.
Attachments:
1. Findings for Approval of File No. PLN2002-157 and Recommended Text Amendment
Prepared by:
Approved by:
Darcy Smith, .Planner II
Ge{0~'~ '-ff I. [~adley, Senior"~la-n~er -/
/
FINDINGS FOR APPROVAL OF FILE NO. PLN2002-157
APPLICANT:
P.C. MEETING:
City Initiated
January 14, 2003
Findings for approval of a Text Amendment (PLN2002-157) to add a section to Chapter 21.59
(General Provisions and Exceptions) of the Campbell Municipal Code requiring the screening of
garbage, recycling and yard waste containers and prohibiting them from being stored within any
front yard or street side yard on comer lots on single-family residential properties.
The Planning Commission finds as follows with regard to File No. PLN2002-157:
The screening of garbage containers is required under General Plan Strategy CNR-9. lj. The
City is required to amend its Zoning Code within a reasonable time to ensure consistency
with the updated General Plan under Government Code Section 65860.
The addition of the proposed section to Chapter 21.59 (General Provisions and Exceptions)
of the Campbell Municipal Code would prohibit garbage, yard waste or recycling containers
from being stored within any front yard or street side yard on comer lots and require them to
be fully screened from view from the public right-of-way by a structure, fence, or wall that is
as tall as the tallest container(s) on single-family residential properties, unless otherwise
approved by the Community Development Director.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed text amendment is consistent with the intent and purposes of the Zoning
Ordinance, which is to encourage the most appropriate use of land throughout the city; to
stabilize and conserve the value of property; to provide adequate light, air and reasonable
access; to secure safety from fire and other dangers; to prevent overcrowding of land; to
avoid undue concentration of population; to facilitate the adequate provision for
transportation, water, sewerage, schools, parks and other public health, safety, peace, morals,
comfort, and welfare, all in accordance with a comprehensive zoning code and general plan;
and
2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.59
(General Provisions and Exceptions) of the Campbell Municipal Code; and
3. The proposed text amendment is consistent with the goals, policies, and strategies of the
General Plan.
Findings for Approval -- Planning Commission Meeting of January 14, 2003
PLN2002-157- Text Amendment
Attachment #1
Page 2 of 2
Recommended Text Amendment:
It is recommended that the following section be added to Chapter 21.59 (General Provisions and
Exceptions) of the Municipal Code:
21.59.100 Screening of Garbage Containers for Single-family Residential
Properties. Except during the period of time specified in Chapter 6.04 of the
Municipal Code, no garbage, yard waste or recycling containers may be placed,
kept or stored within any front yard or street side yard on comer lots and all
garbage, yard waste or recycling containers shall be fully screened from view from
the public street right-of-way by a solid structure, fence, or wall that is as tall as
the tallest container(s), unless otherwise approved by the Community
Development Director.
This text amendment shall be effective six months from the date of adoption.
NOTICE OF PUBLIC HEARING AND REVIEW
Notice is hereby given that the Planning Commission of the City of campbell'
has set the hour of 7:30 p.m, or shortly thereafter, on Tuesday, January 14,
2003, in [he City Hall Council Chambers, 70 North First Street, Campbell,
California, for a Public Hearing to c,~nsider tl~e. following proposed project:
1. Public hearing to consider a city-initiated text amendmen~(PLN2002-157) to
add a section to Chapter 21.59 General Provisions and Exceptions of the
Campbell Municipal Code requiring the screening of garbage, recycling and
yard waste containers and prohibiting them to be stored within any front yard or
street side yard on corner lots on single-family residential properties.
Plans, elevations, assessments, and other supporting dOCumentation are on
file and. available for public review in the Pisnni .ng Office, 70 N. First Street,
Campbell, California. Interested persons may attend this meeting and/or
provide written comments on these projects that may be submitted before that
date.
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 prior to the Public
Hearing. Questions may be addr__~__ to the Planning Department at (408)
866-2140.
In COmpliance with'the Ame~=ans with Disabilities Act, listening devices are
available for all meetings helcl in the Council Chambers. If you require
accommodation, please contact the Community Development ~ st
86~.2140, st least one week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
Publish: Wednesday, January 1, 2003