CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM Agenda Item: Date: i./-a 4 --'2-2-/3 April 22, 2013 TO: City Council FROM: Department of Environmental Services SUBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS TO MODIFY STANDARDS AND ESTABLISH DEFINITIONS FOR COLLECTION BOXES [DONATION BINS] (Z-S-701), THE NEGATIVE DECLARATION THEREFOR, AND INTRODUCTION OF AN ORDINANCE RECOMMENDATION. It is recommended that the City Council introduce the attached ordinance (page 9): 1. Establishing definitions for Collection Boxes, Commercial Fundraisers, Eligible Organizations, Non-profit Organizations, and Salvageable Personal Property; 2. Revising provisions of Simi Valley Municipal Code Section to allow Eligible Non-profit Organization sponsored unattended Collection Boxes for Salvageable Personal Property located within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box; 3. Revising Simi Valley Municipal Code Section to clarify that attended or unattended Small and Large Collection Facilities are for collection of recycling materials (i.e., bottles and cans) and not Salvageable Personal Property. BACKGROUND AND OVERVIEW On February 11, 2013, the City Council reviewed the recommendation of the Planning Commission to eliminate unattended bins (collection boxes) sponsored by non-profit organizations from use in the City of Simi Valley, as contained in SVMC Section (page 11). The City Council directed staff to return on March 4, 2013, where the City Council introduced an ordinance that defined Salvageable Personal Property, eliminated all free-standing collection boxes for items other than recyclables (bottles and cans), and clarified provisions for collection boxes used by non-profits at their facilities. Subsequent to the introduction of the ordinance, staff determined there were definitions within state law that would clarify the applicability of collection boxes and their eligible non-profit sponsors. Staff requested this item be postponed and reintroduced for first reading. P ls/4-13(dw)

2 2 Currently, for-profit operators of collection facilities for personal property and recyclables are subject to the Recyclable Materials and Discard Collection Containers Facilities requirements contained in SVMC Chapter 9-35 and require a Small or Large Collection Facility permit. Non-profit operators are currently exempt from the requirements in the Municipal Code provided they meet certain conditions related to location, maintenance, contact information, and servicing. It has been observed, however, that many of the collection boxes are not being maintained, are not exempt, and do not meet state requirements for proper labeling contained in California Welfare and Institutions Code Sections At its meeting of September 10, 2012, the City Council considered the current standards and challenges associated with unattended collection boxes operated by non-profit organizations, which currently do not require a permit. The City Council directed staff to develop an administrative permit process for the approval of collection boxes that would allow staff to ensure that the collection box location is approved, the property owner has given permission, and the non-profit operator is aware of their responsibilities for maintenance and servicing (Z- S-701). On December 5, 2012, the Planning Commission considered the recommendation of the City Council that non-profit collection boxes be approved with a Zoning Clearance, which would allow for review of the proposed bin(s). However, citing an increase in box use, boxes being used by for-profit businesses servicing non-profit boxes (shared revenue), and boxes not being maintained, the Planning Commission recommended 5:0 that the City Council not introduce an ordinance to establish the Zoning Clearance process. Rather, it was recommended that the City Council consider eliminating all use of such unattended non-profit boxes in the City. In making such recommendations, the Planning Commission did favor allowing collection boxes at known community-benefiting non-profit thrift store facilities such as the Salvation Army or Goodwill, where they could be staffed and/or frequently monitored. Without changes, it should be noted that all collection box operators who do not qualify for the exemptions allowed under SVMC could be approved as a Small Collection Facility with a permit that ensures adequate standards and conditions are assigned, including location and proper maintenance. The City Council directed staff to address elimination of all unattended collection boxes for donations Citywide. FINDINGS AND ALTERNATIVES Currently, a non-profit entity is exempt from the provisions of the Simi Valley Municipal Code related to Recyclable Material and Discard Collection Containers and Facilities (Chapter 9-35) provided they meet the standards outlined in SVMC Sections A-F (pages 11-13). Collection boxes that do not meet the standards, or are shared profit or for-profit, are not exempt from Chapter 35 and require a permit for a Small Collection Facility (SVMC Section C). Collection boxes for Recyclable Materials (bottles and cans) that use drop boxes or reverse vending machines are covered separately under state laws related to required. shopping center Recycle Collection Areas and Beverage Container Recycling & Litter Reduction Act and require approval of a Small or Large Collection Facility. At its February 11, 2013 and March 4, 2013 meetings, the City Council considered the standards for unattended boxes placed by non-profit organizations. Because the boxes are unattended and not monitored on a daily basis, items are occasionally left on the ground adjacent to the boxes, boxes are full, or oversized items may stay for up to a week until the organization comes to do its pickup. The City Council introduced an ordinance that P 15/4-13(dw)

3 3 eliminated the use of non-profit collection boxes (donation bins) for salvageable personal property (clothes, shoes, books, etc.) except when they are located inside a building, or adjacent to their building, and within an enclosure or screened from the street right-of-way. In addition, the ordinance amends SVMC Section so as to eliminate the use of for-profit sponsored boxes, and only allow recyclable materials (bottles and cans) with approval of a Small or Large Collection Facility. Altogether, these measures avoid adversely affecting collection boxes located at the same physical location as the sponsoring non-profit (i. e., Goodwill, churches, and schools), which allows them to be attended and/or monitored (such as at the back of a non-profit's thrift store and accessible during business hours). These measures continue to allow local non-profits to have and maintain their Own collection boxes for their purposes and ensure monitoring to improve the community's aesthetics. The ultimate result is the elimination of boxes for out-of-area non-profits, national non-profits, and shared revenue/for-profit collection boxes that have been placed at various commercial shopping centers around the City. As indicated in the March 4, 2013 staff report, the California Welfare and Institutions Code provides regulations for the solicitation and labeling of salvageable personal property. In order to comply with state law, the ordinance that was introduced by the City Council has been amended so as to add certain definitions and labeling requirements of state law. This includes the change of the terminology from collection bins to collection boxes. Therefore, the ordinance has been amended with the recommendations outlined below. The attached ordinance (page 9) would add the following definitions to SVMC to incorporate state law. It should be noted that the definition of "Bin" will be retained at this time for the purposes of recyclables (bottles and cans), as that portion of the ordinance is not proposed for amendment. Collection Box. A canister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property that may have a fire-resistant lid, the top of which shall not exceed 72 inches in height from the ground surface, and have a capacity of at least one and one-half cubic yards but not more than four cubic yards. Commercial Fundraiser. Any individual, corporation, unincorporated association, or other legal entity, as defined Section of the Government Code as amended, who engage in the collection and/or solicitation of Salvageable Personal Property. Eligible Organizations. Those organizations identified in the Welfare and Institutions Code Section and the Revenue and Taxation Code Sections (d) and (j), as amended, who engage in the collection, solicitation, and/or sale of Salvageable Personal Property. Non-profit Organization. An organization that is exempt from taxation pursuant to Section 501 (c) (3) or 501 (c)(4) of the United States Internal Revenue Code, as amended. Salvageable Personal Property. Any type of corporeal personalty, new or used, but not including money or evidence of debt. This term does not include recyclable materials governed or regulated by the development code or state law, such as those for bottles and cans. P 15/4-13(dw)

4 4 The attached ordinance would also replace the existing standards for bins sponsored by nonprofits with the following that adopts the standards introduced by the City Council for Collection Boxes located at Eligible Non-profit Organizations and incorporates state law clarifying the qualifying organizations: Standards for Bins and Containers Collection Boxes Sponsored by a Non- Profit Only A--nNon-profit entity Organizations that are Eligible Organizations may solicit or sell donations of Salvageable Personal Property (such as books, media, clothing, and household items) and shall be exempt from the provisions of this Chapter provided the following conditions are met. A. Location and Site Requirements. The Collection Box for the collection of the Salvageable Personal Property shall be located only within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box. The box shall be located within the building or adjacent to the nonprofit's building in a manner that is screened from view from adjacent properties and public rights-of-way by fencing, landscaping, and/or building walls. Boxes shall be monitored and maintained free of materials outside of the box. A box shall not obstruct any pedestrian or vehicular way or any required parking spaces. B. It shall be unlawful for any Eligible Organization to solicit, contract with or otherwise engage any independent contractor or Commercial Fundraiser to perform the work of soliciting donations or the selling of Salvageable Personal Property. All soliciting shall be done by the officers of the Eligible Organization or agents appointed by or under the authority of those officers. For the purposes of this section, a Commercial Fundraiser shall be classified as a forprofit organization. The Collection Box labeling requirements of SVMC Section D. would be changed to Section C, and amended as follows to incorporate state law's additional labeling requirements: C. Container design, aml-materials, and labeling. Each recycling bin or ecollection Box container shall be constructed of a uniform material, be a uniform color, and 5hall be painted as often as is necessary to remain aesthetically attractive. The front of Eeach recycling bin or Ceollection Box container shall bear conspicuously display: (1) The name, address, anti telephone number, and, if available, the Internet Web address of the organization/company >;,,,hichowns, leases, has placed or othenvise controls the container owner and operator of the Collection Box, and shall also bear the name of the non profit entity which '",ill benefit from the proceeds. (2) A statement, in at least two-inch type face, that reads: "This Collection Box is owned and operated by a non-profit organization. " P 15/4-13(dw)

5 5 (3) A statement describing the charitable cause that will benefit from the donations. The attached ordinance continues to amend Section A for Small Collection Facility Standards to clarify that standards will only apply to cash-back recyclables (bottles and cans) and not apply to the collection of Salvageable Personal Property: Small Collection Facility Standards A. Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recyclable materials (i.e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property. The proposed Simi Valley Municipal Code amendment is consistent with the following finding: The Development Code Amendment is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan, in that there are no specific plans, land use designations, or physical development involved with the requested Development Code Amendment. The City of Simi Valley may add additional requirements to the use of collection boxes for salvageable personal property as outlined in California Welfare and Institutions Code Sections 148 and The City finds that the use of personal property collection boxes, not directly associated with a brick-and-mortar nonprofit location, leads to boxes being unattended and not adequately maintained with items placed in and around boxes that are full or not being adequately serviced. Unattended collection boxes being placed on commercial property by off-site vendors are often not screened from view, are placed in unapproved locations, and are being placed by for-profit or profit-sharing companies (Commercial Fundraisers) that do not directly benefit the community. The use of unattended collection boxes is therefore contributing to unattractive commercial centers and dumping. The definition of Salvageable Personal Property to be collected by Nonprofit Eligible Organizations complies with state law, and separates these donations from bottle and can recycling and allows for their proper regulation. Establishing clarifying parameters that support local brick-and-mortar community-benefiting non-profits by allowing interior or screened collection boxes, which can be monitored, continues efforts to support the local community and non-profit organizations as outlined in General Plan Community Services Goal CS-1.3 which states, "Support service programs provided by the County non-profit groups, and other agencies... " Eliminating collection boxes that are unattended and visible to the public improves the aesthetics of commercial sites and streetscapes within the City to ensure "Well-designed and attractive retail centers and corridors are provided that foster business activity by contributing to a positive experience for visitors and community residents" (Land Use Goal LU-18). Therefore, this ordinance is consistent with General Plan standards and goals. An Initial Study was prepared for the project in accordance with Section of the State California Environmental Quality Act (CEQ A) Guidelines. Based on the conclusions in the Initial Study, it was determined that the project would not have a potential to cause a significant impact on the environment. Therefore, in accordance with Sections and P 15/4-13(dw)

6 of the CEQA Guidelines, a Negative Declaration was prepared for the project and advertised for a 20-day public review period from November 15 through December 5, Based on the whole record, including the Initial Study prepared for Z-S-700 and Z-S-70 1, it is hereby found that there is no substantial evidence that the project would have a significant effect on the environment. In that the Initial Study and Negative Declaration were prepared by the City, it is hereby found that the documents reflect the independent judgment and analysis of the City. If the City Council agrees with the amended ordinance as proposed, the ordinance for Z-S-70 1 (page 9) should be introduced, adopting the findings herein and the Negative Declaration therefor (Exhibit 1, page 52). The following alternatives are available to the City Council: 1. Introduce the attached ordinance (page 9): a. Establishing definitions for Collection Boxes, Commercial Fundraisers, Eligible Organizations, Non-profit Organizations, and Salvageable Personal Property; b. Revising provisions of Simi Valley Municipal Code Section to allow Eligible Non-profit Organization sponsored unattended Collection Boxes for Salvageable Personal Property located within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box; c. Revising Simi Valley Municipal Code Section to clarify that attended or unattended Small and Large Collection Facilities are for collection of recycling materials (i.e., bottles and cans) and not Salvageable Personal Property; 2. Refer the matter back to the Planning Commission for further review; 3. Provide staff with further direction. Staff recommends Alternative No.1. SUMMARY Non-profit operators of collection boxes are currently exempt from permitting provided they meet certain conditions related to location, maintenance, contact information, and servicing. On September 10, 2012, the City Council directed staff to prepare an ordinance to remove the exemption of collection boxes (donation bins) from the Recyclable Materials and Discard Collection Containers Facilities requirements contained in SVMC Chapter 9-35 and require them to obtain a Zoning Clearance for their approval. In considering this matter, the Planning Commission recommended eliminating the use of unattended collection boxes citywide, instead of establishing the Zoning Clearance process. On February 11, 2013, the City Council reviewed the recommendation of the Planning Commission and agreed. On March 4, 2013, the City Council subsequently introduced an P 15/4-13(dw)

7 7 ordinance to eliminate all collection boxes for salvageable personal property [items other than recyclables (bottles and cans)], except when used by non-profits at their brick-and-mortar facilities. In addition, all collection boxes were no longer able to qualify for a Small or Large Collection Facility permit for recyclable materials. Subsequent to the introduction of the ordinance, staff determined there were definitions within state law that would clarify the applicability of collection boxes and their eligible non-profit sponsors. Staff has incorporated those changes and requests that the City Council introduce the amended ordinance. INDEX ~\~~-- Peter Lyon, Director Department of Environmental Services Public Hearing Procedure 8 Ordinance for approval of Z-S Exhibit 1 - Planning Packet* *Note: The Planning Commission and City Council Public Hearing Procedures and draft resolutions/ordinances have been omitted from this report and are available for public review at the Department of Environmental Services offices. P 15/4-13(dw)

8 8 PUBLIC HEARING PROCEDURE HEARING DATE: April 22, MAYOR: STAFF: ANY COUNCIL MEMBER MAYOR: AUDIENCE: MAYOR: ANY COUNCIL MEMBER This is the time and place set for a public hearing to consider City-initiated Simi Valley Municipal Code text amendments to modify standards and establish definitions for collection boxes [donation bins] (Z-S-70 1), the Negative Declaration therefor, and introduction of an ordinance. May we have an oral report on this matter by staff? (Report) (Questions of staff and staff response) Is there anyone in the City Council Chamber wishing to be heard on this matter? (Comments) The hearing is closed. Are there any comments or questions from members of the City Council? (Comments) 8. MAYOR: The Chair will now entertain a motion on Z-S MAYOR: May I have a reading of the ordinance? 10. ANY COUNCIL MEMBER City Council Actions (by motion of any Council Member): Introduce, modify, or not introduce Ordinance No. (does not require a second or a vote; requires reading of ordinance); * Any action to refer the matter back to staff or to continue the matter requires a second and a vote. 11. MAYOR: Proceed to the next item. P 15/4-13(dw)

9 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY REGARDING STANDARDS FOR COLLECTION BOXES [DONATION BINS] (Z-S-701) AND THE NEGATIVE DECLARATION THEREFOR WHEREAS, the City of Simi Valley has initiated amendments to the Municipal Code to modify standards for collection boxes (donation bins) and eliminate the use of unattended collection boxes for salvageable personal property except where associated with the site of an Eligible Non-profit Organization; and WHEREAS, based upon evidence and testimony at the Public Hearing on December 5, 2012, the findings contained in the Planning Commission staff report dated December 5, 2012, the Planning Commission found that the use of unattended donation bins (collection boxes) did not reflect the desired aesthetic of the City of Simi Valley, and did not recommend to the City Council the approval of the proposed Municipal Code Text Amendment Z-S-701 to modify standards for collection boxes, and recommended that the City Council consider the elimination of the use of such boxes altogether; and WHEREAS, based upon evidence and testimony at the Public Hearings on February 11, 2013, March 4, 2013, and April 22, 2013, the City Council also found that the use of collection boxes for salvageable personal property in the City does not promote the aesthetics and goals of the community and directed staff to develop an ordinance to limit the use of collection boxes and remove any exemptions therefor, except when used for salvageable personal property and located at or within a local community service non-profit organization's facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings for the Negative Declaration, contained in the Planning Commission staff report dated December 5, 2012, and incorporated herein by reference, are hereby adopted. SECTION 2. The Negative Declaration prepared for Municipal Code Text Amendment Z-S-700 and Z-S-701 is hereby adopted. SECTION 3. Based upon the evidence and testimony presented at the public hearing of April 22, 2013, the findings contained in the Planning Commission staff report dated December 5, 2012, and the City Council staff report dated April 22, 2013, incorporated herein by reference, the City Council finds, for approval, for Municipal Code Text Amendment Z-S-70 1, modifying standards for collection boxes. SECTION 4. Municipal Code Text Amendment Z-S-701, as specified In Exhibit A, attached hereto, is hereby approved. P J5/4-13(dw)

10 10 ORD. NO. SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City. SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. PASSED and ADOPTED this Attest: Ky Spangler, Assistant City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Marjorie Baxter, City Attorney Department of Environmental Services P 15/4-13(dw)

11 11 ORD. NO. SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-701 EXHIBIT A Simi Valley Municipal Code is amended to add text indicated with underline and to eliminate code indicated with strikeout. I Simi Valley Municipal Code Section Definitions is amended to add five new terms SVMC Section Definitions, Sections "C", "E", "N" and, "S": Collection Box. A canister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property that may have a fire-resistant lid, the top of which shall not exceed 72 inches in height from the ground surface, and have a capacity of at least one and one-half cubic yards but not more than four cubic yards. Commercial Fundraiser. Any individual, corporation, unincorporated association, or other legal entity, as defined Section of the Government Code as amended, who engage in the collection and/or solicitation of Salvageable Personal Property. Eligible Organizations. Those organizations identified in the Welfare and Institutions Code Section and the Revenue and Taxation Code Sections 23701(d) and (0, as amended, who engage in the collection, solicitation, and/or sale of Salvageable Personal Property. Non-profit Organization. An organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code, as amended. Salvageable Personal Property. Any type of corporeal personalty, new or used, but not including money or evidence of debt. This term does not include recyclable materials governed or regulated by the development code or state law such as those for bottles and cans. Simi Valley Municipal Code Section related to donation bins would be amended to change the title, modify the exemptions for non-profits, and clarify the applicability and labeling Standards for Bins and Containers Collection Boxes Sponsored by a Non-Profit Only A-nNon-profit entity Organizations that are Eligible Organizations may solicit or sell donations of Salvageable Personal Property and shall be exempt from the provisions of this Chapter provided the following conditions are met. A. Location and Site Requirements. The Collection Box for the collection of the Salvageable Personal Property shall be located only within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box. The box shall be located within the building or adjacent to the non-profit's building in a manner that is screened from view from adjacent properties and public rights-of-way by P 15/4-13(dw)

12 12 ORD. NO. fencing, landscaping, and/or building walls. Boxes shall be monitored and maintained free of materials outside of the box. A box shall not obstruct any pedestrian or vehicular way or any required parking spaces. Site requirem:ents. The recycling bin or collection container for a non profit entity shall be located only in existing commercial shopping centers v/ithin a CO or CPD zoning district, in parking lots of any non profit organization, or, in mobile home ~ B. It shall be unlawful for any Eligible Organization to solicit, contract with or otherwise engage any independent contractor or Commercial Fundraiser to perform the work of soliciting donations or the selling of Salvageable Personal Property. All soliciting shall be done by the officers of the Eligible Organization or agents appointed by or under the authority of those officers. For the purposes of this section, a Commercial Fundraiser shall be classified as a for-profit organization. Number of bins or containers allowed. The number of recycling bins or collection containers allov/ed per site sha,ll be based upon the gross floor area of the buildings on the site, as follo\vs: Gross Floor Area Maximum Number of Bins or Containers 25,000 sq. ft. or less -l- 25,001 to 400,000 sq. ft ,001 to 600,000 sq. ft. J 600,001 sq. ft. or more 4 C. Location requirements. A recycling bin or collection container shall: 1. Be located not less than 20 feet from a public right of "'lay; 2. Not utilize any parking spaces required to meet the minimum parking or loading requirements for site in compliance vlith Chapter 9 34 (Parking and Loading Standards); and 3. Not obstruct traffic on any private drive or pedestrian way. D. Container design, and-materials, and labeling. Each recycling bin or ecollection box container shall be constructed of a uniform material, be a uniform color, and shall-be painted as often as is necessary to remain aesthetically attractive. The front of -Beach recycling bin or ecollection Box container shall bear conspicuously display: (1) The name, address, and telephone number, and, if available, the Internet Web address of the organization/company which owns, leases, has placed or othen:vise controls the container owner and operator of the Collection Box.,anG shall also bear the name of the non profit entity 'ivhich will benefit from the proceeds. P 15/4-13(dw)

13 13 ORD. NO. (2) A statement, in at least two-inch type face, that reads: "This Collection Box is owned and operated by a non-profit organization. " (3) A statement describing the charitable cause that will benefit from the donations. E. Seeured eohtaiherrequired. If a recycling bin or collection container is on v/heels, the v/heels shall be locked or other measures shall be employed to render the container secure. F. FrequeHey of sefviee. Each recycling bin or collection container shall be emptied at least once each v/eek. Simi Valley Municipal Code Section related to Small Collection Facility Standards would be amended to eliminate their use for Salvageable Personal Property Small Collection Facility Standards A. Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recyclable materials (i.e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property. B. Permit requirement. 1. A small collection facility may be approved by the Director for an initial time period deemed reasonable by the Director in compliance with the provisions for approving staff administrative actions in Section A collection facility that does not fit within the definition of "small collection facilities" in Article 8 (Glossary) shall be processed in compliance with the criteria below and the procedures in Chapter 9-52 (Permit Review, Approval, Disapproval, or Modification). C. Criteria. P 15/4-13(dw) 1. The shopping center shall designate a "Recycle Collection Area" (RCA) for all recyclable material bins or containers. All trailers, bins and igloos shall be located within the RCA. 2. The RCA in a shopping center existing on October 27, 1994 shall utilize existing landscaping to the maximum extent possible to enhance screening of the collection facility. 3. Any bins or containers for recyclable materials shall be located clear of any driveways and/or entries. 4. A clean bin shall be available for deposits of recyclable material to ensure that the area is maintained in a clean and neat manner when the main container is left unattended.

14 14 ORD. NO. 5. The Recycle Collection Area in shopping centers built or remodeled (by an approved Commission-granted development permit) after October 27, 1994, shall consist of a concrete pad surrounded on three sides by concrete curbing with planters a minimum of six feet wide. 6. Recycling-for-profit shall not occur on lots containing less than 100 parking spaces. 7. In a shopping center built or remodeled in compliance with Section , six-foot high walls as measured from the point of highest grade shall be constructed behind any planter on sides visible to the street to further enhance screening of the facility. The walls shall be constructed of solid masonry with a decorative exterior surface finish compatible with any required perimeter walls or the main structures of the commercial/industrial complex. 8. Signing shall be permitted in accordance with the criteria for "non-street frontage" for collection facilities (one-half square foot of signing per linear foot of facility) Enforcement A. Any violation or failure to comply with any of the provisions of this Chapter shall constitute sufficient grounds for refusal of a Certificate of Occupancy. B. Any violation or failure to comply with any of the provisions of this Chapter after the issuance of a Certificate of Occupancy shall be deemed a nuisance/violation and shall be punishable as set forth in Chapter 9-78 (Enforcement). C. The City may seek legal, injunctive or other equitable relief to enforce this Chapter. D. The remedies and penalties provided in this Chapter are cumulative and not exclusive. P JS/4-13(dw)

15 EXHIBIT 1 PLANNING PACKET Z-S-701 (COLLECTION BOXES) INDEX PAGE March 4, 2013, City Council Staff Report* 2 February 11, 2013, City Council Staff Report* 14 Resolution of the Planning Commission Not Recommending Approval of Z-S December 5,2012, Minutes of the Planning Commission Meeting 29 December 5,2012, Planning Commission Staff Report for Z-S-700 and Z-S-701* 34 Neighborhood Council Summary 42 Negative Declaration 52 *The Public Hearing Procedures and draft resolutions/ordinances and items related to Z-S-700 have been omitted from this report and are available for review at the Department of Environmental Services. P ls/4-13(dw)

16 EXHIBIT 1 PLANNING PACKET Z-S-701 (COLLECTION BOXES) INDEX PAGE March 4, 2013, City Council Staff Report* 2 February 11, 2013, City Council Staff Report* 14 Resolution of the Planning Commission Not Recommending Approval of Z-S December 5,2012, Minutes of the Planning Commission Meeting 29 December 5,2012, Planning Commission Staff Report for Z-S-700 and Z-S-701 * 34 Neighborhood Council Summary 42 Negative Declaration.. 52 *The Public Hearing Procedures and draft resolutions/ordinances and items related to Z-S-700 have been omitted from this report and are available for review at the Department of Environmental Services. P 15/4-13(dw)

17 CITY OF SIMI VALLEY MEMORANDUM Agenda Item: Date: March 4, 2013 TO: City Council FROM: Department of Environmental Services SUBJECT: A CONTINUED PUBLIC HEARING TO CONSIDER CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS TO MODIFY STANDARDS FOR DONATION BINS (Z-S-701), THE NEGATIVE DECLARA TION THEREFOR, AND INTRODUCTION OF AN ORDINANCE RECOMMENDATION It is recommended that the City Council introduce the attached ordinance (page 7): 1. Establishing a definition of donation bins for Salvageable Personal Property; 2. Revising provisions of Simi Valley Municipal Code Section to allow nonprofit sponsored unattended donation bins for Salvageable Personal Property located within the building or site of the non-profit that sponsors and receives proceeds from the bin; 3. Revising Simi Valley Municipal Code Section to clarify that attended or unattended Small and Large Collection Facilities arc 1'01' collection of recycling. materials (i.e., bottles and cans) and not Salvageable Personal Property. BACKGROUND AND OVERVIEW On February 11, 2013, the City Council reviewed the recommendation of the Planning Commission to eliminate unattended bins sponsored by non-profit organizations from use in the City of Simi Valley, as contained in SVMC Section 9~ (page 9). The City Council directed staff to return with an ordinance to eliminate all donation bins for items other than recyclables (bottles and cans), and clarify provisions for attended bins used by non-profits at their facilities. Currently, for-profit operators of collection facilities for personal property and recyclables arc not exempt from the Recyclable Materials and Discard Collection Containers Facilities requirements contained in SVMC Chapter 9-35 and require a Small or Large Collection Facility permit. Non-profit operators are currently exempt provided they meet certain conditions related to location, maintenance, contact information, and servicing. It has been observed, however, that many of the bins arc not being maintained, are not exempt, and do not meet state requirements for proper labeling contained in California Welfare and institutions Code Sections P 18/2-13 (klk) 2

18 2 At its meeting of September 10, 2012, the City Council considered the current standards and challenges associated with unattended donation bins operated by non-profit organizations, which currently do not require a permit. The City Council directed staff to develop an administrative permit process for the approval of donation bins that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the non-profit operator is aware of their responsibilities for maintenance and servicing (Z-S-701). On December 5, 2012, the Planning Commission considered the recommendation of the City Council that non-profit bins be approved with a Zoning Clearance, which would allow for review of the proposed bin(s). However, citing an increase in bin use, bins being used by forprofit businesses servicing non-profit bins, and bins not being maintained, the Planning Commission recommended 5:0 that the City Council not introduce an ordinance to establish a permit process. Rather, it was recommended that the City Council consider eliminating all use of such unattended non-profit bins in the City. In making such recommendations, the Planning Commission did favor allowing donation bins at known community-benefiting non-profit thrift store facilities such as the Salvation Army or Goodwill, where they could be staffed and/or frequently monitored. Without changes, it should be noted that all bin operators who do not qualify for the exemptions allowed under SVMC could be approved as a Small Collection Facility with a permit that ensures adequate standards and conditions are assigned, including location and proper maintenance. The City Council directed staff to address elimination of all unattended donation bins citywide. FINDINGS AND AL TERNA TIVES Currently, a non-profit entity is exempt from the provisions of the Simi Valley Municipal Code related to Recyclable Material and Discard Collection Containers and Facilities (Chapter 9-35) provided they meet the standards outlined in SVMC Sections A-F, (pages 9-10). Those bins that do not meet the standards, or are shared profit or for-profit, are not exempt from Chapter 35 and would be required to obtain a permit for a Small Collection Facility (SVMC Section C). Bins for Recyclable Materials (bottles and cans) that use drop box bins or reverse vending machines are covered separately under state laws related to required shopping center Recycle Collection Areas and Beverage Container Recycling & Litter Reduction Act and require approval of a Small or Large Collection Facility. At its February 11, 2013 meeting, the City Council considered the standards for unattended bins placed by non-profit organizations. Because the bins are unattended and not monitored on a daily basis, items are occasionally left on the ground adjacent to the bins, bins are full, or oversized items may stay for up to a week until the organization comes to do its pickup. The City Council requested staff to do further research on options to eliminate the use of both unattended and attended bins. To meet the objectives of the City Council to eliminate the use of non-profit bins for salvageable personal property (clothes, shoes, books, etc.), staff recommends that the City Council revise SVMC Section (page 9) to eliminate unattended non-profit sponsored donation bins, except when they are located inside a building, or adjacent to their building, and within an enclosure or screened from the street right-of-way. In addition, SVMC Section (page 10) would be amended to eliminate the use of for-profit sponsored bins, and only allow recyclable materials (bottles and cans) with approval of a Small or Large Collection Facility. This will avoid adversely affecting donation bins located at the same physical location as the sponsoring non-profit (i.e., Goodwill, churches, and schools) and allow them P (k1k) 3

19 3 without a permit as "attended" bins (such as at the back of a non-profit's thrift store and accessible during business hours). Staff contacted the Salvation Army and the Goodwill organizations and confirmed that this proposal would accommodate their current practices, and would not impact their operations. These measures would continue to allow local non-profits to have and maintain their own collection bins for their purposes and ensure monitoring to improve the community's aesthetics. The ultimate result would be the elimination of bins for out-of-area non-profits, national non-profits, and shared revenue/for-profit collection that have been placed at various commercial shopping centers around the City. The attached ordinance (page 7) would add the following definition to SVMC to clarify the types of materials expected in collection bins sponsored by non-profit organizations: Salvageable Personal Property. New or used personal property and materials provided to an organization for the purposes of donation without expectation of monetary compensation including clothing, shoes, books, and media. This term does not include recyclable materials governed or regulated by the development code or State law such as those for bottles and cans. The attached ordinance would also replace the existing standards for non-profit collection bins with the following: Standards for Bins and Containers Sponsored by a Non-Profit A non-profit entity collecting Salvageable Personal Property shall be exempt from the provisions of this Chapter provided the following conditions are met. A. Location and Site Requirements. The bin for the collection of the Salvageable Personal Property shall be located only within the building or site of the nonprofit that sponsors and receives proceeds from the bin. The bin shall be located within the building or adjacent to the non-profit's building in a manner that is screened from view from adjacent properties and public rights-of-way by fencing, landscaping, and/or building walls. Bins shall be monitored and maintained free of materials outside of the bin. A bin shall not obstruct any pedestrian or vehicular way or any required parking spaces. The attached ordinance additionally amends section A for Small Collection Facility Standards to clarify that standards will only apply to cash-back recyclables (bottles and cans) and not apply to the collection of Salvageable Personal Property: Small Collection Facility Standards A. Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recycling materials (i. e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property. P (klk) 4

20 4 The proposed Simi Valley Municipal Code amendment is consistent with the following finding: The Development Code Amendment is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan, in that there are no specific plans, land use designations, or physical development involved with the requested Development Code Amendment. The City of Simi Valley is not required to allow the use of unattended donation bins for Salvageable Personal Property as outlined in California Welfare and Institutions Code Sections The City finds that the use of personal property donation bins, not directly associated with a brick-and-mortar non-profit location, leads to bins being unattended and not adequately maintained with items placed in and around bins that are full or not being adequately serviced. Unattended bins being placed on commercial property by off-site vendors are often not screened from view, are placed in unapproved locations, and are being placed by for-profit or profit-sharing companies that do not directly benefit the community. The use of unattended personal property donation bins is therefore contributing to unattractive commercial centers and dumping. Establishing a definition of Salvageable Personal Property separates these donations from bottle and can recycling and allows for their proper regulation. Establishing clarifying parameters that support local brick-and-mortar community-benefiting non-profits by allowing interior or screened donation bins, that can be monitored, continues efforts to support the local community and non-profit organizations as outlined in General Plan Community Services Goal CS-1.3 which states, "Support service programs provided by the County nonprofit groups, and other agencies... " Eliminating donation bins that are unattended and visible to the public improves the aesthetics of the commercial site and streetscape within the City to ensure "Welldesigned and attractive retail centers and corridors are provided that foster business activity be contributing to a positive experience for visitors and community residents" (Land Use Goal LU-18). Therefore, these changes are consistent with General Plan standards and goals. An Initial Study was prepared for the project in accordance with Section of the State California Environmental Quality Act (CEQA) Guidelines. Based on the conclusions in the Initial Study, it was determined that the project would not have a potential to cause a significant impact on the environment. Therefore, in accordance with Sections and of the CEQA Guidelines, a Negative Declaration was prepared for the project and advertised for a 20-day public review period from November 15 through December 5, Based on the whole record, including the Initial Study prepared for Z-S-700 and Z-S-70 I, it is hereby found that there is no substantial evidence that the project would have a significant effect on the environment. In that the Initial Study and Negative Declaration were prepared by the City, it is hereby found that the documents reflect the independent judgment and analysis of the City (Exhibit 1, page 40). If the City Council agrees with the direction as proposed, the ordinance for Z-S-701 (page 7) should be introduced, adopting the findings herein, and the Negative Declaration therefor (Exhibit 1, page 40). The following alternatives are available to the City Council: 1. Introduce the attached ordinance (page 7): a. Establishing a definition of donation bins for Salvageable Personal Property. P (klk) 5

21 5 b. Revising provisions of Simi Valley Municipal Code Section to allow non-profit sponsored unattended donation bins for Salvageable Personal Property located within the building or site of the non-profit that sponsors and receives proceeds from the bin. c. Revising Simi Valley Municipal Code Section to clarify that attended or unattended Small and Large Collection Facilities are for collection of recycling materials (i.e., bottles and cans) and not Salvageable Personal Property. 2. Refer the matter back to the Planning Commission for further review; 3. Provide staff with further direction. Staff recommends Alternative No. 1. SUMMARY On December 5, 2012, the Planning Commission considered the recommendation of the City Council that non-profit bins be approved with a Zoning Clearance, which would allow for review of the proposed bin(s). For-profit operators of collection facilities for personal property and recyclables are not exempt from the Recyclable Materials and Discard Collection Containers Facilities requirements contained in SVMC Chapter 9-35 and require a Small or Large Collection Facility permit. Non-profit operators are currently exempt provided they meet certain conditions related to location, maintenance, contact information, and servicing. However, citing an increase in bin use, bins being used by for-profit businesses servicing nonprofit bins, and bins not being maintained, the Planning Commission recommended 5:0 that the City Council not introduce an ordinance to establish a permit process. Rather, it was recommended that City Council consider eliminating all use of such unattended non-profit bins in the City. In making such recommendations, the Planning Commission did favor allowing donation bins at known community-benefiting non-profit thrift store facilities such as the Salvation Army or Goodwill, where they could be staffed and/or frequently monitored. On February 11, 2013, the City Council reviewed the recommendation of the Planning Commission. The City Council agreed with the Planning Commission's recommendation and further directed staff to return with an ordinance to eliminate all donation bins for items other than recyclables (bottles and cans), and clarify provisions for attended bins used by non-profits at their brick-and-mortar facilities. It is recommended that the City Council introduce the attached ordinance (page 7) defining Salvageable Personal Property and eliminating Salvage Personal Property bins not located at or within a Jl.OR-p.rQfitorganization. \,,," """)/", ' """' " "",,,,;:::~J«~""'4'~'~_""c,,'" Peter Lyons, D~iector Department of Environmental Services INDEX Public Hearing Procedure 6 Ordinance, for approval ofz-s Exhibit 1 - Planning Packet* *Note: The Planning Commission and City Council Public Hearing Procedures and draft resolutions/ordinances report and are available for public review at the Department of Environmental Services offices. have been omitted from this P 3812 \3 (klk) 6

22 7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY REGARDING STANDARDS FOR DONATION BINS (Z-S-701) AND THE NEGATIVE DECLARATION THEREFOR WHEREAS, the City of Simi Valley has initiated amendments to the Municipal Code to modify standards for donation bins and eliminate the use of unattended donation bins for salvageable personal property; and WHEREAS, based upon evidence and testimony at the Public Hearing on December 5, 2012, the findings contained in the Planning Commission staff report dated December 5, 2012, the Planning Commission found that the use of unattended donation bins did not reflect the desired aesthetic of the City of Simi Valley, and did not recommend to the City Council the approval of the proposed Municipal Code Text Amendment Z-S-701 to modify standards for donation bins, and recommended that the City Council consider the elimination of the use of such bins altogether; and WHEREAS, based upon evidence and testimony at the Public Hearing on February 11, 2013, the City Council also found that the use of donation bins in the City does not promote the aesthetics and goals of the community and directed staff to return with further information to limit the use of donation bins and remove any exemptions therefor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings for the Negative Declaration, contained in the Planning Commission staff report dated December 5, 2012, and incorporated herein by reference, are hereby adopted. SECTION 2. The Negative Declaration prepared for Municipal Code Text Amendment Z-S-700 and Z-S-701 is hereby adopted. SECTION 3. Based upon the evidence and testimony presented at the public hearings of February 11, 2013 and March 4, 2013, the findings contained in the Planning Commission staff report dated December 5, 2013, and the City Council staff reports dated February 11, 2013 and March 4, 2013, incorporated herein by reference, the City Council finds, for approval, for Municipal Code Text Amendment Z-S-701, modifying standards for donation bins. SECTION 4. Municipal Code Text Amendment Z-S-701, as specified in Exhibit A, attached hereto, is hereby approved. SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section of the California Government Code; shall certify to the adoption of this ordinance and shall cause a P 38/2-13 (klk) 7

23 8 ORD. NO. certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City. SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Attest: PASSED and ADOPTED this Ky Spangler, Assistant City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: arjorie Baxter, City Attorney Laura Behjan, City Manager P 38/2-13 (klk) 8

24 9 ORD. NO. SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-701 EXHIBIT A SVM C Section Definitions, "S.": Salvageable Personal Property. New or used personal property and materials provided to an organization for the purposes of donation without expectation of monetary compensation including clothing, shoes, books, and media. This term does not include recyclable material~ governed or regulated by the development code or State law suc~ as those for bottles and cans., _.--.._ "' J I Simi Valley Municipal Code Section related to donation bins would be amended as IL.. follows. to._ eliminate exempt bins.._.. _ " Standards for Bins and containers Sponsored by a Non-profit A non-profit entity shall be exempt from the provisions of this Chapter provided that the following conditions are met. A. Site requirements.-+he-r.>eyclibg--8in or colieetioo-ebhhti-ngf-+ef-b-flbfl-f FB.fit--entify s11allbe located onty--ib-e-x:i&ttflg-bbmmercial ShBwffibYOffiteffi-wifhina C(+-o~ zoning district, in parking-let&--bf-any-hon profit organizatibr;--bf, in mb9he-flbme ~ Location and Site Requirements. The bin for the collection of the Salvageable Personal Property shall be located only within the building or site of the non-profit that sponsors and receives proceeds from the bin. The-WIl-&aatl-not-be--a W&Sible-tB-the public to receive donations wfleil-tbe-eh:garffittionis closed, and-tlterefbf&-tlllatfende4: The bin shall be locat~qwi!hin.the building or a.djaeent to the non-profit's building in a manner that is screened from view from adjacent properties and public right~-of-way by fencing, landsc~g, and/or buildinl walls. Bins shall be monitored and maintained free of materials outside of lhe_pin. A bin shall not obstruct aqy.pedestrian,qr vehicular way or any required parki~aces. B. Numbe~in~F_WntainefS_-alI{}wea. +tle_tl:thbbef-_bf~ling bins or colleetibfl containers allbww--j3 F-Si te shall l3e-based-hj3or-the-gross-floof-area-bf-tjle-.euttdings-b H the site, as fellow-s7 Gress-Fleer-Area MillHmuffr NunlbeF-Of-BiflS--BF-GenffiineFS ~Q-sq. ft. or~ess + - ~01 to 400,0OO-sq7' ft.- ~ 400,00 1 to 600,00Q-sq-,-ft.:. J 6GO,G01 sq. ft. or ffibl'e 4 P 38/2 13 (klk) 9

25 10 ORD. NO. C.. Loeation requirements. A recycling bin or collection container shall: 1. Be located not less than 20 feet from a public right of 'Nay; 2. Not utilize any parking spaces required to meet the minimum parking or loading requirements for site in compliance with Chapter 9 34 (Parking and Loading Standards); and 3. Not obstruct traffic on any private drive or pedestrian viay. D. Container design and materials. Each recycling bin or collection container shall be constructed of a uniform material, be a uniform color and shall be painted as often as is necessary to remain aesthetically attractive. Each recycling bin or collection container shall bear the name, address and telephone number of the organization/company vihich o"vns, leases, has placed or othenvise controls the container, and shall also bear the name of the non profit entity 'i'lhich will benefit from the proceeds. Eo Secured cantainer required. If a recycling bin or collection container is on "",heels, the "",heels shall be locked or other measures shall be employed to render the container secure. F. Frequency af service. Each recycling bin or collection container shall be emptied at least once each '.veek Small Collection Facility Standards A. Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recycling materials (i.e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property. B. Permit requirement. 1. A small collection facility may be approved by the Director for an initial time period deemed reasonable by the Director in compliance with the provisions for approving staff administrative actions in Section A collection facility that does not fit within the definition of "small collection facilities" in Article 8 (Glossary) shall be processed in compliance with the criteria below and the procedures in Chapter 9-52 (Permit Review, Approval, Disapproval, or Modification). C. Criteria. 1. The shopping center shall designate a "Recycle Collection Area" (RCA) for all recyclable material bins or containers. All trailers, bins and igloos shall be located within the RCA. P (klk) 10

26 11 ORD. NO. 2. The RCA in a shopping center exrstmg on October 27, 1994 shall utilize existing landscaping to the maximum extent possible to enhance screening of the collection facility. 3. Any bins or containers for recyclable materials shall be located clear of any driveways and/or entries. 4. A clean bin shall be available for deposits of recyclable material to ensure that the area is maintained in a clean and neat manner when the main container is left unattended. 5. The Recycle Collection Area in shopping centers built or remodeled (by an approved Commission-granted development permit) after October 27, 1994, shall consist of a concrete pad surrounded on three sides by concrete curbing with planters a minimum of six feet wide. 6. Recycling-for-profit shall not occur on lots containing less than 100 parking spaces. 7. In a shopping center built or remodeled in compliance with Section , six-foot high walls as measured from the point of highest grade shall be constructed behind any planter on sides visible to the street to further enhance screening of the facility. The walls shall be constructed of solid masonry with a decorative exterior surface finish compatible with any required perimeter walls or the main structures of the commercial/industrial complex. 8. Signing shall be permitted in accordance with the criteria for "non-street frontage" for collection facilities (one-half square foot of signing per linear foot of facility) Enforcement A. Any violation or failure to comply with any of the provisions of this Chapter shall constitute sufficient grounds for refusal of a Certificate of Occupancy. B. Any violation or failure to comply with any of the provisions of this Chapter after the issuance of a Certificate of Occupancy shall be deemed a nuisance/violation and shall be punishable as set forth in Chapter 9-78 (Enforcement). C. The City may seek legal; injunctive or other equitable relief to enforce this Chapter. D. The remedies and penalties provided in this Chapter are cumulative and not exclusive. P 38/2-13 (klk) 11

27 12 ASSEMBLY BILL 918 ATTACHMENT A (Coauthors: Assembly Members Carter, Davis, and Jones) FEBRUARY 26,2009 An act to add Chapter 2 (commencing with Section 150) to Division 1 of the Welfare and Institutions Code, relating to charitable donations. LEGISLATIVE COUNSEL'S DIGEST AB918, Adams. Salvageable personal property: collection boxes. Existing law makes it unlawful for any association of persons to engage, directly or indirectly, in the soliciting of donations or in selling salvageable personal property obtained by soliciting, except qualified charitable organizations, as described, that meet specified requirements. Existing law authorizes counties and cities to impose additional requirements for the privilege of soliciting and selling salvageable personal property within their jurisdictions. This bill would impose requirements for the placement of statements specifying prescribed information on collection boxes, as defined. The bill specifies that its provisions shall not be deemed to supersede the authority of the Department of Justice or to limit a city, county, or city and county from regulating, monitoring, or prohibiting collection boxes. The bill would also allow the city, county, or city and county to declare a collection box that is in violation of these provisions to be a public nuisance and to impose additional requirements on the solicitation and sale of salvageable personal property within its jurisdiction. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 2 (commencing with Section 150) is added to Division 1 of the Welfare and Institutions Code, to read: CHAPTER 2. UNATTENDED COLLECTION BOXES 150. For purposes of this chapter, the following definitions shall apply: (a) "Collection box" means an unattended cannister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property. 12

28 13 ATTACHMENT A (b) "Commercial fundraiser" shall have the same meaning as in subdivision (a) of Section of the Government Code. (c) "Nonprofit organization" means an organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. (d) "Salvageable personal property" has the same meaning as in subdivision (b) of Section (a) The front of every collection box shall conspicuously display both of the following: (1) The name, address, telephone number, and, if available, the Internet Web address of the owner and operator ofthe collection box. (2) A statement, in at least two-inch typeface, that either reads, "this collection box is owned and operated by a for-profit organization" or "this col1ection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization. (b) If the collection box is owned by a nonprofit organization, the front of the collection box shall also conspicuously display a statement describing the charitable cause that will benefit from the donations. (c) If the col1ection box is owned by a for-profit entity, the front of the collection box shall also conspicuously display a statement that reads "this donation is not tax deductible." If the collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the forprofit entity I s name and address and shall constitute only 25 percent of the notice space of the box A city, county, or city and county shall have the authority to declare a box that is in violation of this chapter to be a public nuisance and to abate that nuisance accordingly Nothing in this chapter shall be construed to do either of the following: (a) Supersede or in any way limit existing authority of the Department of Justice over fundraising for charitable purposes. (b) Limit or infringe upon the powers of a city, county, or city and county to impose additional requirements upon the solicitation and sale of salvageable personal property within its jurisdiction. 13

29 CITY OF SIMI VALLEY MEMORANDUM Agenda Item: Date:,qe) ;1~~_U~) -oi2 February 11,2013 TO: FROM: City Council Department of Environmental Services SUBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS TO MODIFY STANDARDS FOR HOME OCCUPATION PERMITS, NONCONFORMING USES AND STRUCTURES, REHABILITATION PERMITS, MULTI-FAMILY PARKING, AND UNATTENDED DONATION BINS OPERATED BY NON- PROFIT ORGANIZATIONS (Z-S-698, Z-S-700, AND Z-S-701), THE NEGATIVE DECLARATIONS THEREFOR, AND INTRODUCTION OF ORDINANCES RECOMMENDATION The Planning Commission recommends that the City Council: 1. Introduce an ordinance (page 14) modifying standards related to Home Occupation Permits (Z-S-698), and approve the Negative Declaration therefor; 2. Introduce an ordinance (page 21) modifying the standards for nonconforming uses and structures, Rehabilitation Permits, and multi-family parking (Z-S-700), and approve the Negative Declaration therefor; 3. Do not introduce an ordinance (page 40) to establish a permit process for unattended donation bins operated by non-profit organizations (Z-S-701), and consider eliminating all provisions allowing donation bins operated by non-profit organizations. BACKGROUND AND OVERVIEW On July 12, 2010, the City Council established a Permit Processing Review Committee (Committee) to provide direction on improving the City's application and permitting processes. The Committee developed a list of recommended actions that would: 1) modify and clarify the provisions of Home Occupation Permits (Z-S-698); 2) reduce the complexity and provide more flexibility for reconstruction and expansion of nonconforming uses and structures; 3) eliminate Rehabilitation Permits in favor of specific development standards; and, 4) change the way multi-family parking is calculated within the Development Code (together as Z~S~700). The City Council considered the Committee's recommendations and directed staff to initiate the amendments. On December 5, 2012, the Planning Commission considered these amendments, and recommended, with minor modifications, approval of the changes by a vote of 5:0. The Planning Commission'S modifications included reduction in the recommended size of the garage area used for a home business, and allowing the repair of only small items not including major appliances as part of a Home Occupation Permit. P 19/1-13 (klk) 14

30 2 At its meeting of September 10, 2012, the City Council also considered the current standards and challenges associated with unattended donation bins operated by non-profit organizations, which currently do not require a permit. The City Council directed staff to develop an administrative process for the approval' of donation bins that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the nonprofit operator is aware of their responsibilities for maintenance and servicing (Z-S-701). On December 5, 2012, the Planning Commission considered the recommendation of the City Council. Staff had recommended that the Planning Commission consider non-profit bins be approved with a Zoning Clearance, which would allow for review of the proposed bin(s). However, citing an increase in bin use, bins being used by for-profit business servicing non-profit bins, and bins not being maintained, the Planning Commission recommended 5:0 that the City Council nq! introduce an ordinance to establish a permit process. Rather, it was recommended that City Council consider eliminating all use of such unmanned non-profit bins in the City. In making such recommendations, the Planning Commission did favor allowing donation bins at known community-benefiting non-profit thrift store facilities such as the Salvation Army or Goodwill, where they could be staffed and/or frequently monitored. Otherwise, bins can be approved as a Small Collection Facility with an Administrative Action that ensures adequate standards and conditions are' assigned,including location and proper maintenance. However, a Small Collection Facility is precluded in centers with less than 100 parking spaces. FINDINGS AND ALTERNATIVES The following amendments were presented to the four Neighborhood Councils, prior to Planning Commission review, for their comments. The Neighborhood Councils' comments are summarized in Exhibit 1, pages 42, 45-48, 65, and 68-77, and were provided to the Planning Commission. The Neighborhood Councils' recommendations are consistent with the Planning Commission with the exceptions that they reviewed the use of up to 500 square feet of garages for Home Occupation Permits and they did not define the size of items that could be repaired at a home-based business. The Home Occupation Permit proposals were also presented to the Chamber of Commerce, and the Chamber surveyed its membership on these proposals, as summarized in Exhibit 1, pages Home Occupation Permits (Z-S-698) The following are the revised standards to the Simi Valley Municipal Code Section (Home Occupations) as recommended by the Planning Commission (Z-S-698). Allow a maximum of one outside employee to be part of the home-based business. Currently, only those who reside at the residence are allowed to be part of the home business [SVMC ;B.3]. Many small businesses, however, need on-site support staff, accounting, and other assistance that could be consistent with the intent of a homebased business. The Planning Commission supported allowing one employee per Home Occupation Permit who is not a resident. Additionally, they recommended that the employee and any home occupation-related vehicles be required to park in the home's existing driveway parking areas (or owner's assigned parking space(s) in multi-family developments) in order to minimize any impact to the neighbors. Other employees would continue to be prohibited from reporting or meeting at the residence for work. P 19/1-13 (klk) 15

31 3 $ Allow the use of minor manufacturing, assembly and/or repair of items within the garage, not to exceed 200 square feel, outside required area for the parking of vehicles. Some home-based businesses include crafting, art, or other repair or assembly of items that are sold off-site or online. These activities are currently permitted within the residence (up to 20 percent of the home's square footage rsvmc B.S]), as is the storage in the garage [SVMC B.6]. The Committee recommended that up to SOOsquare feet of the garage be used for these activities; however, the Planning Commission recommends that up to 200 square feet of the garage be allowed for minor manufacturing, assembly and/or repair of items while maintaining the current Development Code standards that the garage be retained for parking. The Planning Commission also clarified that repair shall be limited to small appliances and electronics, as outlined in a newlycreated definition on page 20. The code would also maintain the current standard for Home Occupation Permits that equipment or processes shall not be used which create fumes, glare, noise, odor, or vibration detectable to the norma] unaided human senses off the parcel [SVMC B.8]. These requirements limit the potential impact of such uses to quieter uses and minimize any impact to the neighbors. The Planning Commission did not recommend changing the prohibitions on the repair, reconditioning, servicing, or manufacture of vehicles or engines. Use of outdoor areas and accessory structures would continue to be prohibited for the home-based business. e Allow one, up to one-ton commercial vehicle and one utility trailer affiliated with the home-based business to park in the driveway or garage. Currently, commercial vehicles over 10,000 pounds gross vehicle weight (GVW) are not permitted in residential zoning districts unless actively involved in work on a property [SVMC C.7J. The Planning Commission recognized that many home-based business owners have a work vehicle involving larger pick-up trucks with manufacturer's designations of up to one ton are also used as family vehicles. These trucks, in many cases, exceed the current 10,000 GVW limit. The Planning Commission agreed that trucks, with a manufacturer's designation of up to one ton (such as the Ford F3S0 and OM 3S00), are more typical of the types of trucks used today, are consistent with those used in residential areas, and recommend allowing one such work vehicle and one utility trailer, provided it is stored in the resident's driveway or garage (refer to examples in Exhibit I, page 44). Trucks over one ton, including those such as the Ford F4S0, larger vans, and flatbed trucks, were considered by the Planning Commission to be too large and inconsistent with the character of residential neighborhoods. The Planning Commission also observed that contractor equipment, such as tar trailers, concrete mixers, tractors, and concrete pumpers, are. inconsistent with the residential character of neighborhoods, and recommended they continue to be prohibited in residential zones. Allow up to two students. For music lessons, tutoring, or other instructional purposes, the Planning Commission recommends allowing up to two students at a time, including their parents or legal guardian, within the residence. Under current code requirements, only one client is allowed at a time [SVMC A]. Require property owner permission. As Home Occupation Permits are issued to the resident (either owner or tenant) rsvmc El, the Planning Commission recommended that the property owner be required to give permission to tenants. Under current requirements, owner notification is not required. The Planning Commission felt this will facilitate an open communication between landlords and tenants, and would help to ensure compliance with the permit requirements in the long run. P (klk) 16

32 4 III Continue to prohibit retail from the residence, The Planning Commission recommends it be clarified [SVMC 9-44,090,A] that retail sales from a residence be prohibited from being sold directly to clients on-site to minimize commercial coming-and-going in residential neighborhoods, This does not prohibit online or off-site sales of merchandise, III Establish hours of operation, There are currently no limits on the hours of operation, The Planning Commission recommends that the hours of operation for uses that exceed normal residential activity, involving an outside employee and clients, be limited to the hours of 7:00 AM to 7:00 PM, This would ensure that non-resident employees and other activities are ceased in the evening hours when adjacent residents are likely home, However, the Planning Commission did recommend that the, hours of operation for music lessons, tutoring, and other instructional purposes be extended to 9:00 PM, Effective January 1, 2013, Assembly Bill (AB) 1616 requires cities to allow home-cooked food businesses as home-based businesses, as a part of the approval of the Cottage Food Operations legislation, This Bill limits the types of foods that can be prepared at home, requires appropriate health permits, and allows one employee to report to the home for work related to the operation, Based on this State requirement, staff and the Planning Commission recommend the following additional change: e Allow Cottage Food Operations, Under the permits and rules of the County of Ventura Environmental Health Division and Government Code Chapter 6, 1 (commencing with Section 51035) in Part 1 of Division 1 of Title 5 as provided for in AB 1616 (effective January 1, 2013), Cottage Food Operations may be conducted as a home-based business, State law requires that the City allow up to one employee who reports to the site for work, As part of allowing this use, it is recommended that the employee park on-site, Both having one employee, and parking on-site, are consistent with the other recommendations of the Planning Corrtmission as outlined in this report. If additional employees for other uses were not ultimately approved, the employee for any Cottage Food Operation for home-based food businesses would still be permitted under State law, The Planning Commission recommends retaining the following existing standards for Home Occupations per SVMC Section ,B: El No sign(s) relating to the home occupation, The Planning Commission recommends that signs continue to be prohibited from being used/displayed at the residence as they are inconsistent with the residential character of a neighborhood [SVMC 9-44,090,B.2], o No use of commercial vehicle for delivery. The Planning Commission recommends the continued prohibition on the use of commercial vehicles for the delivery of materials or supplies to or from the premises (excluding the resident's vehicle, and parcel and postal services) [SVMC ,B,9), e No fumes, glare, noise, odor, vibration, or electrical interference, The Planning Commission recommends the continued prohibition on the use of equipment or processes that create fumes, glare, noise, odor, vibration, or electrical interference that is detectable to the normal unaided human senses off the parcel (SVMC 9-44,090.B.8]. o No commercial materials or equipment. The Planning Commission recommends the continued prohibition on the use of materials or mechanical equipment not recognized, as being part of normal household uses, unless otherwise allowed by the home occupation ordinance [SVMC 9-44,090,B,8], P 191H3 (klk) 17

33 5 Il No generation of solid waste or sewerage discharge. The Planning Commission recommends the continued prohibition on the generation of solid waste or sewerage discharge in volume or type that is not normally associated with residential use [SVMC B.lOJ. o No hazardous materials. The Planning Commission recommends the continued prohibition on uses that utilize explosives or highly combustible materials and activities that involve the handling, use, generation, or storage of hazardous materials as defined in California Code of Regulations, Sections and [SVMC C.6]. The associated changes proposed to the Municipal Code are located in Exhibit A of the ordinance beginning on page 16. Nonconforming StructureslUses (Z-S-700) The following changes are recommended by the Planning Commission (Z-S-700) to clarify and add flexibility to nonconforming uses and structures. Simi Valley Municipal Code ( ) defines nonconforming structures and uses as follows: e Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this Development Code and that does not conform to current Development Code provisions or standards (e.g., heights, open space requirements, setbacks) prescribed for the zoning district in which the structure is located. ll> Nonconforming Use. A use of a structure or parcel of land that was legally established and maintained before the adoption or amendment of this Development Code and that does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located. The Committee and the Planning Commission recognized that property owners are limited in their ability to rehabilitate existing nonconforming properties, and that current standards do not necessarily encourage or facilitate reasonable use, expansion, or rehabilitation of the property nor allow property owners to fully recover in the event of destruction. The following changes are recommended by the Planning Commission to allow property owners the flexibility to improve their property: Maintainingand/or Expanding Nonconforming Usesor Structures Current Code Uses and structuresmay be maintained. 1. Any nonconforming use or structure may be maintained and continued; provided. there is no addition, alteration, or enlargement of the area. space. or volume occupied or devoted to the nonconforming use or structure, except as provided by this Chapter. Planninz Commission Recommendation Allow additions. alterations. or enlargementof the areas. spaces. and volumes occupied by nonconforming structures. provided the nonconforming aspects of the structure are not expanded (e.g. allow an addition to the rear of a structure with a nonconforming front yard setback). 2. So long as a nonconforming use or structure exists upon any parcel. no new use or structure may be established or constructed on the parcel. except as provided by this Chapter. (SVMC A.1-2) Allow expansion of existing single-family residential uses on a site that has been made nonconforming by a change in zoning district (e.g., allow the homes in the Tapo Street Commercial Office area to alter and/or expandor add an accessory shed). P 19/1-13 (klk) 18

34 6 Damage to Nonconforming Non-Residential Usesor Structures Current Code Planning Commission Recommendation Where any nonconforming, non-residential use or structure is Eliminate this provision, allowing involuntarily damaged or partially destroyed by an Act of God, the nonconforming, non-residential explosion, fire, or other catastrophic event, the same may be restored use and/or structure to be rebuilt and and resumed in the condition in which it existed immediately before remain a nonconforming use and/or the damage or destruction, provided the cost of the restoration shall structure. not exceed an aggregate total of 50 percent of the then assessed value of the use or structure, in any single calendar year. (SVMC A.l) Damage to Nonconforming Single-familyResidential Usesor Structures Current Code Planning Commission Recommendation Nonconforming, single-family uses or Allow involuntarily damaged nonconforming, single-family structures involuntarily damaged may be structures to be reconstructed, replaced, or remodeled reconstructed or replaced with a new structure without limiting it to pre-existing condition. but only to its pre-existing condition. (SVMC B.1) The associated changes proposed to the Municipal Code are located in Exhibit A of the ordinance beginning on page 23. Rehabilitation Permits (Z-S-700) The purpose of a Rehabilitation Permit (Simi Valley Municipal Code Section ) is to provide a process whereby nonconforming commercial or industrial development [built prior to July 1986] may be rehabilitated or their uses revitalized by the addition of landscaping by allowing a maximum 10% required reduction of required parking spaces; reduced General Plan public infrastructure improvements; reduced landscaping requirements; and freestanding individual business identification signs [in lieu of on-building signage]. The Permit also allows for up to 20% expansion of a building, or 2,000 square feet, whichever is less. To approve a Rehabilitation Permit, Variance findings (as shown in SVMC Section F.1-4, pages 31-32) are required to be met. Most projects are unable to meet these strict findings; therefore, very few applications for Rehabilitation Permits are pursued. The Planning Commission recommends eliminating the existing Rehabilitation Permit process, and replacing it with Municipal Code Text Amendments that eliminate both the requirement for a Permit and Variance findings, thus streamlining the process for rehabilitating an older project. Proposed provisions to replace the Rehabilitation Permit include reducing I by up to 10% I the required parking in exchange for one or more of the following site improvements: a. The project provides equivalent site landscaping including a minimum of three new trees of at least 36" box size to provide shading and cooling; and/or b. The project adds intervening planters every 15 parking spaces capable of supporting at least a 24" box size tree; and/or P (klk) 19

35 7 c. The project provides a new, pedestrian outdoor seating area that includes such features as a fountain, tables, benches, landscaping, and decorative paving; and/or d. The project adds a covered pedestrian paseo, or decorative arbor or pergola with blooming vines growing on it, that connects buildings within a center and allows pedestrian travel outside of the parking lot area; and/or e. The project adds an interior vehicular connection between sites or shopping centers, where none previously existed, that reduces the need to access the public street to travel between centers. The Planning Commission recommends that these provisions be implemented through specific standards added to SVMC Section B, and permitted through issuance of a Zoning Clearance to best streamline the review process. The associated changes proposed to the Municipal Code are located in Exhibit A beginning on page 23. Multi-Family Parking (Z-S-700) For multi-family, non-senior residential developments, which include attached units consisting of apartments, condominiums, or townhouses, the Development Code (SVMC ) requires parking at a minimum of 2.5 spaces per unit, up to the greater of a parking formula based on size of the building, number of units, and guest parking (as shown below). When the units exceed an average of approximately 1,200 sq. ft., the latter generally applies. In all cases, one parking space shall be covered. Other Ventura County cities surveyed require an average minimum parking standard (based on the number of bedrooms per unit) of 1.5 spaces per unit for one bedroom; 2 spaces per unit for two or more bedrooms; and guest parking of 0.5 space per unit. The comparison between standards is shown in the sample project below.. PARKING REQUIRED FOR OTHER SURVEYED SIMI VALLEY SAMPLE PROJECT JURISDICTIONS Parking required for Apartment or Project with 50 units with an average square footage per unit of 1,000 square feet and 15 One-Bedroom, 25 Two- 125 spaces spaces average Bedroom, and 10 Three-Bedroom units (Simi Valley formula is: 2.5 spaces per unit.) Parking required for the same above project where average unit size is 1,300 square feet (65,000 square feet total) (Simi Valley formula is: 1.76 per 1,000 sq. 133 spaces spaces average ft. gross residential floor area; plus. 17 per unit; plus guest parking of 1 space per 5 units) In order to simplify the calculations, the Planning Commission recommended the Development Code be modified to require parking based on numbers of bedrooms, consistent with the way it is calculated in other jurisdictions. Staff has recommended a formula that is as neutral to the total number of parking spaces as possible, but could result in a 6-12 % reduction in parking in the biggest projects with the largest units (those with units over approximately an average unit size of 1,200 square feet each). The recommended changes to the Municipal Code are located in Exhibit A of the ordinance beginning on page 23 and include parking at the following rates: P (klk) 20

36 8 & Studio Unit - 1 space., 1 Bedroom Unit- 1.5 spaces e Two Bedroom Unit - 2 spaces per unit 19 Three or More Bedroom Units spaces per unit e Guest spaces at 0.5 spaces per In all cases, a minimum of one space per unit shall be covered The Planning Commission recommended by a 5:0 vote that the City Council adopt the required findings with supporting evidence for approval of Z-S-698 and Z-S-700 and the Negative Declarations therefor, as provided in the Planning Commission Staff Reports dated December 5,2012, and incorporated herein by reference (Exhibit 1). Unattended Donation Bins by Non-profit Organizations (Z-S-701) Currently, a non-profit entity is exempt from the provisions of the Simi Valley Municipal Code related to recyclable material and discard collection containers and facilities (Chapter 9-35) provided they meet the following standards outlined in SVMC Sections A-F, shown on pages 42-43, and summarized below: e The container is located in an existing commercial shopping center zoned Commercial Office or Commercial Planned Development, in parking lots of any non-profit organization, or in mobile home parks; o Up to 4 containers are allowed, depending on total gross floor area of the buildings on the site; e The container is located at least 20 feet from a public right-of-way, does not utilize required parking spaces, and does not obstruct any private drive or pedestrian way; The container is constructed of a uniform material, is a uniform color and shall be Ii> painted as often as is necessary to remain aesthetically attractive; $ Each container shall bear the name, address, and telephone number of the organization/company which owns, leases, has placed, or otherwise controls the container, and shall also bear the name of the non-profit entity which will benefit from the If container is on wheels, the wheels shall be locked, or other measures shall be employed to render the container secure; e The container is emptied at least once a week. The City Council considered revising the standards for unattended bins placed by non-profit organizations because it is common that items are left on the ground adjacent to the bin, because bins are full or the item(s) will not fit. Because the bins are unattended and not monitored on a daily basis, the items may stay for up to a week until the organization comes to do its pickup. The photographs on page 67 of Exhibit 1 show examples of bins placed in Simi Valley. Any improper placements of bins, or unmaintained bins, are currently addressed with the subject property owner by Code Enforcement. Staff has contacted other cities in the county and finds no formal regulations related to the placement or permitting for these kinds of bins. The Cities of Thousand Oaks and Moorpark approve similar bins on a case-by-case basis with a Zoning Clearance. P 19/1-13 (klk) 21

37 9 The City Council directed staff to initiate an ordinance amendment to maintain the current standards, and initiate an administrative, possibly low or no-fee, permit process that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the non-profit is aware of its responsibilities for maintenance and servicing. Staff recommends the use of the existing Zoning Clearance process ($58) that already is used for the review/approval of site-related improvements and standards. Subsequent to the City Council meeting, it has come to the attention of staff that some of the. bins that indicate the donations are for charity are in fact run by local and out of area "forprofit" companies who partner with charities, schools, and libraries to collect books, disks, and other media for recycling and resale. Some of these companies provide a portion of the proceeds to the charity in exchange for sponsorship of the bin. As such, companies sponsoring the bins are not solely non-profit, and they would not be exempt from the requirements of Chapter 35. Instead, they would be required to obtain an Administrative Action for a Small Collection Facility that would cost $985, and could only be located in centers with 100 or more parking spaces (SVMC Section C). The Planning Commission considered the recommendations of the City Council and adopted a resolution 5:0 not recommending the changes (Exhibit 1, page 30). In making its recommendation, the Planning Commission found the Development Code Amendment inconsistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan. Rather, the Planning Commission has observed an increase in the use of such bins by for-profit (and out-of-area) businesses that do not directly benefit the residents of Sirni Valley. They found that bins are often in various states of repair, not adequately serviced, and are placed inappropriately and in ways that are do not reflect the desired aesthetics of the City of Simi Valley. The Planning Commission recommends unattended bin use be eliminated in the City..The Planning Commission did feel.that bins might be appropriate at bona fide community-benefiting non-profit donation facilities, such as Goodwill and Salvation Army retail locations where they could be staffed. Non-profits could still apply for Small Collection Facilities through the Administrative Action process. If the City Council agrees with the recommendation of the Planning Commission, and desires to eliminate the use of unattended donation bins, the City Council should not introduce the ordinance (page 40), and direct staff to return with an ordinance eliminating Municipal Code Section This would result in the elimination of unattended donation bins sponsored by non-profit organizations that are not approved as a Small Collection Facility, and may affect several local non-profit storefronts (such as Salvation Army and Goodwill) as well as any charity who wanted to use this provision. If the City Council disagrees with the Planning Commission, and finds that a permit process would educate applicants and regulate the bins sufficiently to ensure community benefits and aesthetics, the City Council should introduce (with or without modification) the ordinance for Z-S-701, page 40, adopting the findings contained in the Planning Commission Staff report dated December 5, 2012 (Exhibit 1, pages 65-66) and the'negative Declaration therefor (Exhibit 1, pages 78-87). The following alternatives are available to the City Council: 1. Introduce an ordinance (page 14) modifying standards related to Home Occupation Permits (Z-S-698), and approve the Negative Declaration therefor; P 19/1-13 (klk) 22

38 10 2. Introduce an ordinance (page 21) modifying the standards for nonconforming uses and structures, Rehabilitation Permits, and multi-family parking (Z-S-700), and approve the Negative Declaration therefor; 3. Do not introduce an ordinance (page 40) to establish a permit process for unattended. donation bins operated by non-profit organizations (Z-S-70l), and consider eliminating all provisions allowing donation bins operated by non-profit organizations; 4. Introduce an ordinance (page 40) to establish a permit process for unattended donation bins operated by non-profit organizations (Z-S-701), and approve the Negative Declaration therefor; 5. Refer the matter back to the Planning Commission and/or Permit Processing Review Committee for further review; 6. Provide staff with further direction. The Planning Commission recommends Alternatives Nos. 1 through 3. SUMMARY On July 12, 2010, the City Council established a Permit Processing Review Committee to provide direction on improving the City's application and permitting processes. The Committee developed a' list of recommended actions that would clarify the provisions for Home Occupation permits; reduce the complexity and provide more flexibility for reconstruction and expansion on nonconforming uses and structures; eliminate Rehabilitation Permits in favor of specific development standards; and change the way in which multi-family parking is calculated within the Development Code. On December 5, 2012, the Planning Commission considered the recommendations of the Committee and recommended, with minor modifications, approval of the changes to the City Council 5:0 for Z-S-698 and Z-S-700. The Planning Commission'S changes included reduction in the recommended size of the garage area used for a home business, and allowing the repair of only small electronics and portable items. At its meeting of September 10, 2012, the City Council also considered the current standards and challenges associated with donation bins operated by non-profit organizations. The City Council directed staff to develop an administrative permit process for the approval of donation bins that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the non-profit is aware of their responsibilities for maintenance and servicing. On December 5, 2012, the Planning Commission considered the recommendation of the City Council (Z-S-701). Citing an increase in bin use, bins being used by for-profit businesses, and bin placement generally not meeting the current codes or citywide aesthetic standards, the Planning Commission recommended that the City Council not introduce an ordinance to establish a permit process. Rather, it was recommended that City Council consider eliminating all use of unattended non-profit sponsored bins in the City. CQ.=, Peter Lyons, Dl'irector Department of Environmental Services P 19/1-13 (klk) 23

39 11 INDEX Public Hearing Procedure 12 Ordinance, for approval of Z-S-698 e 14 Ordinance, for approval of Z-S-700, 21 Ordinance, for approval of Z-S Exhibit 1 - Planning Commission Packet" *Note: The Planning Commission Public Hearing Procedures and draft resolutions have been omitted from this report and are available for public review at the Department of Environmental Services offices. P 19/1-13 (klk) 24

40 RESOLUfION NO. SVPC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY NOT RECOMMENDING TO THE CITY COUNCIL OF SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-701 WHEREAS, the City of Simi Valley has initiated a Citywide amendment to the Municipal Code (Z-S-701) for the purpose of clarifying rules for unattended donation bins operated by non-profit organizations and to establish a permitting process for such bins;. WHEREAS, the Planning Commission considered the proposed text amendment, as specified in Exhibit A, attached hereto, to require a Zoning Clearance for the placement of unattended donation bins sponsored by non-profit organizations as appended to Simi Valley Municipal Code Section ; and, WHEREAS, the Planning Commission recommended that the City Council consider their concerns that donation 'bins do not represent the aesthetic appearance and quality of life desired within the City of Simi Valley, and instead consider eliminating the use of donation bins through deletion of SVMC Section in its entirety. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY DOES RESOLVE AS FOLLOWS: SECTION 1. The findings for the Negative Declaration (Z-S-700 and Z- S-701), contained in the staff report dated December 5, 2012, and incorporated herein by reference, are recommended to the City Council for adoption. SECTION 2. The Negative Declaration prepared for Z-S-700 and Z-S- 701 is recommended to the City Council for adoption. SECTION 3. Municipal Code Text Amendment Z-S-701, as specified in Exhibit A attached hereto, is hereby not recommended to the City Council for adoption. PASSED and ADOPTED this 5th day of December Attest: ~~ ivienne DeLuca Recording Secretary P (klk) 25

41 RES. NO Approved as to Content: David Caceres Assistant City Attorney Drury Deputy Director/. y Planner Department of Environmental Services I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on December 5,2012, by the following vote: AYES: NAYS: Commissioners Bibb. Rice, Dantona, and Santino and Chairperson McGuigan ABSTAIN: ABSENT: cz~ Vivienne DeLuca Recording Secretary P 18/12-12 (klk) 26

42 SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-701 Simi Valley Municipal Code Section is amended to add a permitting process to the unattended Donation Bins sponsored by non-profits: Standards for Bins and containers Sponsored by a Non-Profit A non-profit entity shall be exempt from the provisions of this Chapter provided that the following conditions are met. A. Site requirements. The recycling bin or collection container for a non-profit entity shall be located only in an existing commercial shopping centers within a CO or CPD zoning district, in parking lots of any non-profit organization, or, in mobile home parks. B. Number of bins or containers allowed. The number of recycling bins or collection containers allowed per site shall be based upon the gross floor area of the buildings on the site, as follows: Gross Floor Area Maximum Number of Bins or Containers 25,000 sq. ft. or less 1 25,001 to 400,000 sq. ft ,001 to 600,000 sq. ft ,001 sq. ft. or more 4 C. Location requirements. A recycling bin or collection container shall: 1. Be located not less than 20 feet from a public right-of-way; 2. Not utilize any parking spaces required to meet the minimum parking or loading requirements for site in compliance with Chapter 9-34 (Parking and Loading Standards); and 3. Not obstruct traffic on any private drive or pedestrian way. D. Container design and materials. Each recycling bin or collection container shall be constructed of a uniform material, be a uniform color and shall be painted as often as is necessary to remain aesthetically attractive. All bins shall be maintained in a graffitifree condition, and shall remove any reported bins or graffiti within 24-hours of notification. Each recycling bin or collection container shall bear the name, address and telephone number of the organization/company which owns, leases, has placed or otherwise controls the container, and shall also bear the name of the non-profit entity which will benefit from the proceeds. P (klk) 27

43 E. Secured container required. If a recycling bin or collection container is on wheels, the wheels shall be locked or other measures shall be employed to render the container secure. F. Frequency of service. Each recycling bin or collection container shall be emptied at least once each week. G. Permit required. The placement of a bin shall require issuance of a Zoning Clearance (permit)" by the Director. Issuance of the permit shall be subject to the applicant meeting requirements of this Section, and providing proof of property owner permission for the bin's placement. Applicant's, who fail to meet provisions A-F above, shall be subject to permit revocation. P 18/12-12 (klk) 28

44 /~~>, CITY OF SIMI VALLEY MINUTES OF THE MEETING OF THE PLANNING COMMISSION 2929 Tapo Canyon Road Simi Valley, CA December 5,2012 I. CALL TO ORDER The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 7:02 p.m. in the City Council Chambers, 2929 Tapo Canyon Road, Simi Valley, California. H. PLEDGE OF ALLEGIANCE HI. ROLL CALL Present: Commissioners Bibb, Rice, Dantona, and Santino and Chairperson McGuigan Absent: IV. PUBLIC STATEMENTS - V. CORRESPONDENCE - VI. DECLARA TION OF CONFLICT The following statement was made for the record: If any member of the Planning Commission (Commission) may have a conflict of interest or any reason why that member must abstain from consideration of any matter on this agenda, he or she should so declare at this time. No member of the Commission declared a conflict of interest. VII. APPROV AL OF AGENDA It was the consensus of the Commission to approve the agenda as submitted. VIII. APPROV AL OF MINUTES It was the consensus of the Commission to approve the minutes of November 7, 2012, as submitted. 29

45 Planning Commission Minutes - Page 2 December 5, 2012 IX. CONSENT CALENDAR - X. CONTINUED BUSINESS A. PUBLIC HEARING 1. Z-S-698; City of Sirni Valley: A City-initiated Zoning Code Text Amendment modifying standards for Home Occupation Permits. (Continued from September 19, 2012) Location: Staff Contact: Citywide Lorri Hammer (805) The Commission had no ex parte communications to report. Senior Planner Lorri Hammer gave a PowerPoint presentation of the staff report. Chairperson McGuigan opened the public testimony portion of the hearing. There were no members of the public wishing to speak on this matter. Chairperson McGuigan closed the public testimony portion of the hearing. Commission comments: Commissioner Santino asked what the impetus was for these changes and how they compare to surrounding cities. Ms. Hammer explained that the Committee wanted to update and clarify some of the permit requirements and these changes will make the City more in line with six surrounding jurisdictions. After a lengthy discussion on all of the bullet points in the staff report, the following changes were made to the conditions: e Item B. 6., the activity area for use at home occupations shall be confined to a maximum of 200 square feet within the garage, provided, there is enough room to park one motor vehicle in a one-car garage or two motor vehicles in a two or more car garage. '" Item C.2. will now prohibit the repair of major appliances. Major appliances include the following: refrigeration equipment (freezers, refrigerators), cooking equipment (stoves, range, ovens, microwave, cooktops), washing equipment (washing machines, dryers, dishwashers), air conditioners and water heaters, COMMISSIONER SANTINO MOVED THAT THE' PLANNING COMMISSION OF THE CITY OF SIMI VALLEY RECOMMEND TO THE CITY COUNCIL APPROVAL OF SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-698 TO MODIFY STANDARDS FOR HOME OCCUPATIONS AS AMENDED, AND THE NEGATIVE DECLARATION THEREFORE. 30

46 Planning Commission Minutes - Page 3 December 5, 2012 Commissioner Bibb seconded the motion. AYES: Commissioners Bibb, Rice, Santino, and Dantona and Chairperson McGuigan NAYS: ABSTAIN: ABSENT: There is no appeal period for Municipal Code Text Amendment Z-S-698, and the item will proceed to the City Council with the Planning Commission's recommendation. 2. Z-S-696; City of Simi Valley: A Citywide Zone Text Amendment to allow additional temporary sign provisions for used vehicle dealers. (Continued from November 7,2012) Location: Staff Contact: Citywide Heidi Fischer (805) The Commission had no ex parte communications to report. Senior Planner Heidi Fischer gave an oral presentation of the staff report. Chairperson McGuigan opened the public testimony portion of the hearing. The following citizen spoke in favor of the Amendment: l. Kelly Kolarek, Simi Valley, CA. Chairperson McGuigan closed the public testimony portion of the hearing. COMMISSIONER BIBB MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY RECOMMEND TO THE CITY COUNCIL APPROVAL OF CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT Z-S-696 TO ESTABLISH ADDITIONAL TEMPORARY SIGN PROVISIONS FOR USED VEHICLE DEALERS. Commissioner Rice seconded the motion. AYES: NAYS: ABSTAIN: ABSENT: Commissioners Bibb, Rice, Santino, and Dantona and Chairperson McGuigan 31

47 Planning CommissionMinutes - Page 4 December 5, 2012 There is no appeal period for the Zoning Text Amendment Z-S-696, and the item will proceed to the City Council with the Planning Commission's recommendation. XI. NEW BUSINESS A. PUBLIC HEARINGS 1. Z-S-700 & Z-S-701; City of Simi Valley: A City-initiated Zoning Code Text Amendment for non-conforming uses and structures/rehabilitation permits/multi-family parking and unattended donation bins by nonprofit organizations. Location: Staff Contact: Citywide Lorri Hammer (805) The Commission had no ex parte communications to report. Senior Planner Lorri Hammer gave a PowerPoint presentation of the staff report. After a discussion regarding whether or not the amount of parking spaces proposed were sufficient, the Commission decided to approve staff's recommendation for Z-S-700. Chairperson Chairperson McGuigan opened the public testimony portion of the hearing. McGuigan closed the public testimony portion of the hearing. Commission comments: A discussion was held regarding the donations bins that are currently located within the city and the consensus of the Commission was to recommend prohibiting all non-profit donation bins from the City and therefore not recommend Z-S-701. COMMISSIONER DANTON A MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY RECOMMEND TO THE CITY COUNCIL APPROVAL OF SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-700 AS AMENDED AND NOT RECOMMEND Z-S-701. Commissioner Bibb seconded the motion. AYES: NAYS: ABSTAIN: ABSENT: Commissioners Bibb, Rice, Santino, and Dantona and Chairperson McGuigan 32

48 Planning Commission Minutes - Page 5 December 5, 2012 There is no appeal period for Zoning Text Amendments and the items will proceed to the City Council with the Planning Commission's recommendation. B. OTHER - XII. ORAL COMMUNICATIONS AND REPORTS A. STAFF - B. COMMISSION Commissioner Dantona expressed his gratitude to his fellow Commissioners and staff for their professionalism and courtesy and wished them all well. XIII. ADJOURNMENT The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 8:32 p.m. The next scheduled Planning Commission meeting is December 12, Minutes Prepared by: Vivienne DeLuca 33

49 CRTY OIFSRMRVAlLlLEY MEMORANDUM December 5, 2012 TO: Planning Commission 1FlR0M: Department of Environmental Services SUBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS TO MODIFY STANDARDS FOR NONCONFORMING USES AND STRUCTURES, REHABILITATION PERMITS, MULTI-FAMILY PARKING, AND DONATION BINS OPERATED BY NONPROFIT ORGANIZATIONS (Z-S-700 AND Z-S-701) RECOMMENDATION It is recommended that the Planning Commission recommend approval of Z-S-700 and Z-S- 701 to the City Council. BACKGROUND AND OVERVIEW On July 12, 2010, the City Council established a Permit Processing Review Committee (Committee) to provide direction on improving the City's application and permitting processes. The Committee is composed of two Council Members and City Council appointees including representatives of business and property owners, the Chamber of Commerce, and the Building Industry Association. Working in conjunction with City staff, the Committee has provided input to improve the efficiency and reduce the level of complexity of the City's processes. In addition, the Committee has reviewed and recommended modifications to the City's Development Code, The Committee developed a list of recommended actions that would reduce the complexity and provide more flexibility for reconstruction and expansion on nonconforming uses and structures, would eliminate Rehabilitation Permits in favor of specific development standards, and change the way in which multi-family parking is calculated within the Development Code. On September 10, 2012, the City Council considered the committee's recommendations and directed staff to present it to the Neighborhood Councils for their comments. The Neighborhood Council's comments are summarized on pages At its meeting of September 10, 2012, the City Council also considered the current standards and challenges associated with donation 'bins operated by nonprofit organizations. The City Council directed staff to develop an administrative permit process for the approval of donation bins that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the non-profit is aware of their responsibilities for maintenance and servicing. ZS700ZS701/1l-l2 (klk) 34

50 CASE NO, AJP'JP'UCAN']': Z-S-,/~H CJ['fYOF SllMJIVALLEY FliNDJINGSMID AlL1fEJRNATKVJES Nonconforming Structures/Uses Simi Valley Municipal Code ( ) defines nonconforming structures and uses as follows: e Nonconfesmlng Strneture. A structure that was legally constructed before the adoption or amendment of this Development Code and that does not conform to current Development Code provisions or standards (e.g., heights, open space requirements, setbacks) prescribed for the zoning district in which the structure is located. \ <D Noncontormtng Use. A use of a structure or parcel of land that was legally established and maintained before the adoption or amendment of this Development Code and that does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located. The Committee recognized that property owners are limited in their ability to rehabilitate, finance and insure existing nonconforming properties, and that current standards to not necessarily encourage or facilitate reasonable use, expansion, or rehabilitation of the property nor allow property owners to fully recover in the event of destruction. The following changes are recommended by the Committee to allow property owners the flexibility to improve their property: Maintainingand/orExpandingNonconformingUsesor Structures Current Code tj}mmntleelrt\ j>mmendiltrllil Structures and/or uses can be Allow additions, alterations, or enlargement of the areas, spaces, maintained. However, additions, and volumes occupied by nonconforming structures, provided the alterations, or enlargement of the nonconforming aspects of the structure are not expanded (e. g., nonconforming use or structure is not allow an addition to the rear of a structure with a nonconforming permitted. No new use or structure may front yard setback). be established or constructed on the parcel. (SVMC A.I-2) Allow expansion of existing single-family residential uses on a site that has been made nonconforming by a change in zoning district (e.g., allow the homes in the Tapo Street Commercial Office area to alter and/or expand or add an accessory shed). Damageto NonconformingNon~ResidentialUsesor Structures Current Co~e.....ConiriIi«~lRee9mtiumdiatio$ Where any nonconforming, non-residential use or structure is Eliminate this provision, allowing involuntarily damaged or partially destroyed by an Act of God, the nonconforming,.non-residential explosion, fire, or other catastrophic event, the same may be restored use and/or structure to be rebuilt and and resumed in the condition in which it existed immediately before remain a nonconforming use and/or the damage or destruction, provided the cost of the restoration shall structure. not exceed an aggregatetotal of 50 percent of the then assessed value of the use or structure, in' any single calendar year. (SVMC 9- n.040.a n ZS700ZS701l11-12 (klk) 35

51 CASE NOo AJP'JP'UCANT: 'il~s-704}and z-s-roi CK1I'YOF S][MHVAlLlLEY Damageto NonconformingSingle-familyResidentialUsesor Structures Current Code Cmll1lllID1ittee JR~oil1lmenrllatiolli Nonconforming, single-family uses or Allow involuntarily damaged nonconforming, single-family structures involuntarily damaged may be structures to be reconstructed, replaced, or remodeled reconstructed or replaced with a new structure without limiting it to pre-existing condition. but only to its pre-existing condition. (SVMC B.l) The associated changes proposed to the Municipal Code are located in Exhibit A of the Resolution beginning on page 12. Rehabilitation Permits The purpose of a Rehabilitation Permit (Simi Valley Municipal Code Section 9-52,060) is to provide a process whereby nonconforming commercial or industrial development, [built prior to July 1986], may be rehabilitated or their uses revitalized by the addition of landscaping by allowing a maximum 10% required reduction of required parking space; reduced General Plan public infrastructure improvements; reduced landscaping requirements; and, freestanding individual business identification signs [in lieu of on-building signage]. The Permit also allows for up to 20 % expansion of a building, or 2,000 square feet, whichever is less. To approve a Rehabilitation Permit, Variance findings (as shown in SVMC Section A.1-5, pages 21-22) are required to be met. Most projects are unable to meet these strict findings; therefore, very few applications for Rehabilitation Permits are pursued. The Committee recommends eliminating the existing Rehabilitation Permit process, and replacing it with Municipal Code Text Amendments that eliminate both the requirement for a Permit and Variance findings, thus, streamlining the process for rehabilitating an older project. Proposed provisions to replace the Rehabilitation Permit include reducing, by up to 10%, the required parking in exchange for one or more of the following site improvements: a. The project provides equivalent site landscaping including a minimum of three new trees of at least 36" box size to provide shading and cooling; and/or b. The project adds intervening planters every 15 parking spaces capable of supporting at least a 24" box size tree; and/or c. The project provides a new, pedestrian outdoor seating area that includes such features as a fountain, tables, benches; landscaping, and decorative paving; and/or d. The project adds a covered pedestrian paseo, or decorative arbor or pergola with blooming vines growing on it, that connects buildings within a center and allows pedestrian travel outside of the parking lot area; and/or ZS700ZS (klk) 36

52 CASE NO, AlP'lP'IJCAN1': Z-S-7tlMli crrv OF SIMI VALLEY e. The project adds an interior vehicular connection between sites or shopping centers, where none previously existed, that reduces the need to access the public street to travel between centers. Staff recommends that these provisions be implemented through specific standards added to SVMC Section B, and permitted through issuance of a Zoning Clearance to best streamline the review process. The associated changes proposed to the Municipal Code are located in Exhibit A of the Resolution beginning on page 12. Multi-Family Parking For multi-family, non-senior residential developments, which include attached units consisting of apartments, condos, or townhouses, the Development Code (SVMC Section ) requires parking at a minimum of 2.5 spaces per unit up to the greater of a parking formula based on size of the building, number of units, and guest parking (as shown below). When the units exceed an average of approximately 1,200 sq. ft., the later generally applies. In all cases, one parking space shall be covered. Other cities in the area that were surveyed require an average minimum parking standard (based on the number of bedrooms per unit) of 1.5 spaces per unit for one bedroom; 2 spaces per unit for two or more bedrooms; and guest parking of 0.5 space per unit. The comparison between standards is shown in the sample project below. PARKINGREQUIRED FOR OTHER SURVEYED SllMl VALLEY SAMPLE PROJECT JURllSJf)]CTWNS Parking required for Apartment or Project with 50 units witllt an average square 1footlllgeper nmit of 1,000 square feet and! Jl5 One-Bedroom, 25 Two- 125 spaces spaces average Bedroom, and 10 Tlli'ee-Bedlroom units (Simi Valley formula is: 2.5 spacesper unit.) Parking required for the same above project where average ldillot size is 1,300 square feet (65,000 square feet total)' (Simi Valley formula is: 1.76 per 1,000 sq. 133 spaces spaces average ft. gross residential floor area; plus.j7 per unit; plus guest parking of 1 spaceper 5 units) In order to simplify the calculations, the Committee recommended the Development Code be modified to require parking based on numbers of bedrooms, consistent with the way it is calculated in other jurisdictions. This could result in a 6-12 % reduction in parking in the biggest projects with the largest units (those with units over approximately an average unit size of 1,200 square feet each), such as shown above, if the formula per bedroom is not adjusted. Staff has recommended a formula that is as neutral to the total number of parking spaces as possible. The recommended changes to the Municipal Code are located in Exhibit A of the Resolution beginning on page 12 and include parking at the following Studio Unit - 1 space 6 1 Bedroom Unit- 1.5 spaces e Two Bedroom Unit - 2 spaces per unit ZS700ZS70 1/11-12 (klk) 37

53 CABlE NO, AlP'lP'JUCANT:' z-s-70~1and zs- 70] CITY OF S~M~ VAJLJLlEY o c Ii) Three or More Bedroom Units - 2,5 spaces per unit Guest spaces at 0,5 spaces per unit In all cases, a minimum of one space per unit shall be covered Unattended Donation Bins by Nonprofit Organizations Currently, a nonprofit entity is exempt from the provisions of the Simi Valley Municipal Code related to recyclable material and discard collection containers and facilities (Chapter 9-35) provided they meet the following standards outlined in SVMC Sections 9-35,070.A-F, shown on pages 14-15, and summarized below: (j) The container is located in an existing commercial shopping center zoned Commercial Office or Commercial Planned Development, in parking lots of any non-profit organization, or in mobile home parks; e Up to 4 containers are allowed, depending on total gross floor area of the buildings on the site; o The container is located at least 20 feet from a public right-of-way, does not utilize required parking spaces, and does not obstruct any private drive or pedestrian way; Ii) The container is constructed of a uniform material, be a uniform color and shall be painted as often as is necessary to remain aesthetically attractive. e Each container shall bear the name, address and telephone number of the organization/company which owns, leases, has placed or otherwise controls the container, and shall also bear the name of the non-profit entity which wilt benefit from the proceeds; G If container is on wheels, the wheels shall be locked or other measures shall be employed to render the container secure; e The container is emptied at least once a week. The City Council considered revising the standards for unattended bins placed by non-profit organizations because it is not uncommon that items are left on the ground adjacent to the bin, because bins are full or the itenus) will not fit. Because the bins are unattended and not monitored on a daily basis, the items stay for up to a week until the organization comes to do its pickup. The photographs in Attachment A page 30, show examples of bins placed in Simi Valley. Any improper placements of bins, or unmaintained bins, are currently addressed with the subject property owner by Code Enforcement. Staff has contacted other cities in the County and finds no formal regulations related to the placement or permitting for these kinds of bins. The Cities of Thousand Oaks and Moorpark approve similar bins on a case-by-case basis with a Zoning Clearance. As a result, the City Council directed staff to maintain the current standards, and initiate an administrative, possibly low or no-fee permit process that would allow staff to ensure that the bin location is approved, the property owner has given permission, and the non-profit is aware of their responsibilities for maintenance and servicing. Staff recommends the use of the existing Zoning Clearance process ($58) that already is used to do similar approvals of siterelated improvements and standards. The associated changes proposed to the Municipal Code ZS700ZS70 1/11-12 (klk) 38

54 CASlE NO, AlP'PJL][CANT: Z-S-70~ AND Z- -7~1 C][TY OF JrMJrV ALLEY are located in Exhibit A of the Resolution beginning on page 12. Subsequent to the City Council meeting, it has come to the attention of staff that some of the bins that indicate the donations are for charity, are in fact run by a local for-profit company who partners with charities, schools, and libraries to collect books, disks, and other media. The company provides a portion of the proceeds to the charity in exchange for sponsorship of the bin. As such companies sponsoring the bins are not solely nonprofit, they would not be exempt for the requirements of Chapter 35. Instead, they would be required to obtain an Administrative Action for a Small Collection Facility that would cost $985, and could only be located in centers with 100 or more parking spaces (SVMC Section C). Neighborhood Council The Committee's recommendations and proposed text amendments were presented to all four Neighborhood Councils. The Neighborhood Councils recommended approval of the amendments with the following votes (refer also to meeting minutes beginning on page 31): Neighborlilo~d Council # Hem Topic Vote 1 Nonconforming Board 8:0:0; no audience Rehabilitation/Permits Board 8:0:0; no audience Multi-family Parking Board 7: 1:0; no audience Donation Bins Board 7: I:0; no audience 2 Nonconforming Board 9:0:0; Audience 1:0:0, Rehabilitation Permits Board 9:0:0; Audience 1:0:0 Multi-family Parking Board 8: 1:0; Audience 1:0:0 Donation Bins Board 9: 1:0; Audience 1:0:0 3 Nonconforming Board 10:0:0; no audience Rehabilitation Permits Board 10:0:0; no audience Multi-family Parking Board 10:0:0; no audience Donation Bins Board 6:4:0; no audience 4 Nonconforming Board 11:0:0; no audience Rehabilitation Permits Board 11:0:0; no audience Multi-family Parking Board 10:0:0; no audience Donation Bins Board 10:0:0; no audience The proposed Simi Valley Municipal Code amendments are consistent with the following finding: The Development Code Amendments are consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; in that there are no specific plans, land use designations, or physical development involved with any of the requested Development Code Amendments. Allowing the existing standards to be clarified serves to streamline standards, support homeowners and businesses to maintain and enhance existing properties, reflects the current practice for the calculation of parking, and establishes clearer procedures and enforcement. Expansions of nonconforming portions of buildings, that do not increase the' nonconforming aspect of a site and would otherwise be permitted with a new development, protect the character of the neighborhood and site by retaining the setbacks and standards of the zone while meeting General Plan LandI Use Goal LU-I?3 states "Promote the redevelopment of older commercial areas, allowing upgrades ZS700ZS701/11-12 (klk) 39

55 CASE NO, AlP'lP'lLJI:CANT: Z-S-7011IJi AND Z~S-7I{)1li crrv OF SliM! VALLEY with exceptions from current Development Code standards as deemed necessary to achieve an economically feasible project that benefits the community... " Eliminating the requirement for a Rehabilitation Permit with variance findings, and substituting similar development standards that allow for the same 10% reduction in parking associated with enhancements to site landscaping and pedestrian amenities, retains the intent of rehabilitating old centers in favor of landscaping. This change streamlines the process to obtain approvals, and encourages building rehabilitation while promoting landscaping to contribute to the appearance and quality of developments consistent with Land Use Goals LU- I8.2.c and e, which state that when buildings are renovated, expanded or remodeled the following should be considered: "Landscaping contributing to the appearance and quality, and reducing the heat island effect, of development" and "Incorporation of plazas and expanded sidewalks to accommodate pedestrian, outdoor dining, and other activities." Adding a process for a minor permit serves to educate and clarify the rules for donation bins exempt from the regulations of collection facilities and serves to help improve the aesthetics of the community by ensuring they are placed appropriately and regularly serviced to ensure "Well-designed and attractive retail centers and corridors are provided that foster business activity be contributing to a positive experience for visitors and community residents" (Goal LU-18). Therefore, these changes do not affect any General Plan standards or goals. An Initial Study was prepared for the project in accordance with Section of the State California Environmental Quality Act (CEQA) Guidelines. Based on the conclusions in the Initial Study, it was determined that the project would not have a potential to cause a significant impact on the environment. Therefore, in accordance with Sections and of the CEQA Guidelines, a Negative Declaration was prepared for the project and advertised for a 20-day public review period from November 15 through December 5,2012. Based on the whole record, including the Initial Study prepared for Z-S-700 and Z-S-701, it is hereby found that there is no substantial evidence that the project would have a significant effect on the environment. In that the Initial Study and Negative Declaration were prepared by the City, it is hereby found that the documents reflect the independent judgment and analysis of the City (Attachment C). INJIllEX Public Hearing Procedure 8 Resolution " " '.' 10 Attachment A - Photographs of Donation Bins 30 Attachment B - Minutes of Neighborhood Council Meetings 31 Attachment C - Initial Environmental Study/Negative Declaration 41 ZS700ZS70 J11J- J2 (klk) 40

56 ATTACHMENTA Pictures {pf Bins in Excess Parking Spaces within Simi Vatlley ZS700ZS70lfll-12 (klk) 41