§ 10-403. FINDINGS.

The Council finds that recycling and solid waste facilities are especially prone to present a risk to the public's health and safety and therefore require the adoption of this ordinance based upon the following findings:

(a) In January 2003, a fire occurred at a recycling facility in the city that was operating under, although not in conformance with, a conditional use permit. The fire lasted for more than a month and required the services of Federal, State and private fire fighting agencies and more than two and a half million dollars to suppress. The fire had a serious health impact to the residents of the surrounding community and the city and resulted in Council declaring a local state of emergency.

(b) After the fire was suppressed, the Mayor formed the "Southwest Fire Process Improvement Task Force" (hereinafter "Task Force"). The Task Force was charged with answering two questions: (1) how the city could prevent this type of fire or similar emergency from recurring in the city, and (2) how to respond to future similar emergencies in an effective, adequate and timely manner.

(c) In April of 2003 after finishing its investigation, the Task Force issued a report concluding that the city's current ordinances, codes, and policies relating to conditional use permits and enforcement activities were inadequate. The Task Force found that the above local ordinances and policies were in need of improvement, from the initial approval and issuance of conditional use permits to the monitoring, code enforcement/on-site inspections, and legal action to be taken against violators of conditional use permits.

(d) The Task Force report included twenty-four recommendations to address the identified areas of concern.

(e) The fourth recommendation to the Task Force Report provided that: "The City shall adopt an Ordinance apart from the Zoning Ordinance, in the Health and Safety Chapter, that addresses specifically recyclable material operators within the City of Fresno. Such Ordinance shall include remedies and punishments, including criminal and financial penalties for violations."

(f) The seventh recommendation to the Task Force Report provided that: "The City shall amend appropriate sections of the FMC and related Zoning Ordinances to require a monitoring, on-site inspection/reporting system for all land uses related to waste/recyclable facilities. The amendments shall include requirements on CUP's for on-site inspections by either appropriate City staff or contracted inspectors. It is also recommended that the costs of these inspections be borne by the business operators."

(g) On April 29, 2003, Council voted to implement the results of the Task Force report.

(h) In the past three years, the city has experienced at least twelve fires at recycling facilities within the City of Fresno at six different recycling and/or solid waste facilities in the City of Fresno.

(i) In May of 2002, Council directed the City Manager to form an internal task force to make a recommendation for a proactive CUP enforcement program.

(j) In studying the issues regarding the formation of an internal task force for proactive enforcement, staff identified waste storage and recycling facilities as one of four sensitive land uses and businesses that most directly affect public health, safety and welfare. (Added Ord. 2003-100, § 2, eff. 1-18-04).