Recycling facilities shall be located, developed, and operated in compliance with the following.
(A) Purpose. These regulations are intended to encourage the recycling of reusable materials and provide convenient service locations for the general public as mandated by state law. It is also the intent of this section to establish minimum standards of development in order to ensure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.
(B) General regulations.
(1) Regulations applicable to all recycling facilities. See § 23.35.050.
(a) Location.
1. There shall be no more than one facility for each site.
2. Recycling facilities shall be located a minimum of 150 feet from a Residential Zoning District.
3. Recycling facilities shall be located a minimum of ten feet from any property line or public right-of-way.
4. Recycling facilities shall not be located within any required landscape area, driveway, or parking space.
5. Recycling facilities shall not obstruct pedestrian or vehicular circulation.
6. Recycling facilities shall not be within ten feet of a driveway aisle providing vehicle access in a parking lot.
7. Recycling facilities shall be located a minimum of 50 feet from an entrance or operable window of any building, whether on the same property or not.
(b) Screening. Recycling facilities shall be screened from view of the public right-of-way by a minimum six-foot high solid screen or an enclosure.
(c) Registration. Recycling facilities shall be clearly marked with the name and telephone number of the operator. No person shall install or maintain a recycling facility without first registering the facility with the city. Such registration shall be in writing by the owner of the recycling facility or his or her authorized agent, shall be filed with the Community Development Director and shall contain the name, address and telephone number of the owner of the facility and the name and address of the person to whom any notice should be given pursuant to this section.
(d) Materials.
1. Recycling facilities shall use receptacles that are constructed and maintained with durable waterproof and rustproof material, covered when not attended, and secure from unauthorized entry.
2. No materials shall be stored or placed in a manner so as to cause a public nuisance. All recyclable materials shall be stored in receptacles or in the mobile recycling unit vehicle, and shall not be left outside of receptacles when attendant is not present.
3. Recycling facilities shall accept only glass, metals, plastic containers, papers and reusable items. Items shall be presorted and shall include non-hazardous materials.
(e) Trash container. There shall be a minimum of one trash container (separate from the trash container required for the principal use) located near the facility.
(f) Noise. Noise levels shall not exceed 55 dBA as measured at the property line of a residentially zoned or occupied site or at the property line of any site zoned or used for open space purposes. Noise levels shall not exceed 65 dBA as measured at the property line of commercially designated properties, and 70 dBA as measured at the property line of industrially designated properties.
(2) Additional regulations applicable to reverse vending machines.
(a) Accessory use. In the I Zone, reverse vending machines shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CMU Zone, reverse vending machines shall be accessory to a food and beverage retail sales establishment.
(b) Illumination. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
(c) Hours of operation. Hours of operation shall be consistent with the business hours of the principal use but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 6:00 p.m., Sunday.
(3) Additional regulations applicable to small collection facilities.
(a) Accessory use. In the I Zone, small collection facilities shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CMU Zone, small collection facilities shall be accessory to a food and beverage retail sales establishment.
(b) Equipment. Power-driven processing equipment except for reverse vending machines is prohibited.
(c) Parking. One on-site parking space shall be provided for each attendant and/or employee. One on-site parking space shall be provided for each vehicle operated by the facility. The available on-site parking spaces shall not be reduced below the minimum required number of parking spaces required for the principal use.
(d) Hours of operation. Hours of operation shall be consistent with the business hours of the principal use, but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 6:00 p.m., Sunday.
(4) Additional regulation applicable to large collection facilities. Customer and employee parking shall be provided at the rate of one parking space per 250 square feet of gross floor area, with a minimum of five parking spaces per business.
In addition to these requirements, there shall also be provided one parking space for each vehicle operated by the facility.
(C) Nonconforming facilities. Recycling facilities which are lawfully in existence at the time of adoption of these regulations and which are not in compliance are considered nonconforming and shall be removed or brought into conformance within six months.
(D) Abatement of facilities.
(1) Whenever the Community Development Director is advised that a recycling facility has been installed or is being maintained in violation of this Ssction, the Director shall so notify the operator, or in the absence of such information, the property owner. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in. Such notice shall state the nature of the violation, the Director's intention to impound the facility if the violation is not corrected or a hearing is not requested before the Director within 14 days after the giving of such notice, and provide the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding pending a decision by a hearing officer.
(2) Whenever a recycling facility is impounded pursuant, the recycling facility shall be removed by the Director or his or her designee, and stored in any convenient place. The Director shall notify in writing the registered operator, or in the absence of such registration the property owner, regarding the removal. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director if desired. Any such recycling facility removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefore. Upon failure of the
owner to claim such recycling facility and pay the reasonable charges within 45 days after the mailing of written notice of removal, such recycling facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.
(3) Any recycling facility in violation of the provisions of this section, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the recycling facility, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director shall notify in writing the registered operator, or in the absence of such registration the property owner, regarding the removal. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such facility removed and stored pursuant to this section shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such facility and pay the reasonable charges within said 45-day period, such facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.
(4) Within 14 days of the notice of violation, or notice of removal of a facility summarily impounded, the registered operator or other person who provides satisfactory proof of ownership, may request a hearing. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.
(5) Upon receipt of a written request for a hearing, the Director shall schedule the hearing before a hearing officer. The hearing officer shall be the Risk Manager or their designee.
(6) The Director shall provide written notice of the date, time, and place of the hearing, and the identity of the hearing officer. Such notice of
hearing shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the registered owner, or in the absence of such registration the property owner. The hearing shall be held no sooner than 15 days following service of the notice of hearing. The hearing officer may continue the hearing for good cause.
(7) At the hearing any person may present evidence or argument as to whether the facility has violated this section. Within seven working days after the close of the hearing, the hearing officer shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing. The hearing officer may order the termination of the abatement proceedings or may order abatement of the recycling facility within a reasonable amount of time (not less than 30 days). The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Code of Civil Proc. § 1094.6. There is no right to a City Council appeal. If the responsible party does not timely abate a recycling facility found to be in violation of this Section and does not seek timely judicial review pursuant to Cal. Code of Civil Proc. § 1094.6, the Director may proceed the impoundment of the offending recycling facility.
(8) Unless otherwise specified, all notices shall be sent by registered mail to the registered owner at the address shown on the registration, if such registration has been completed, and at his or her last-known address.
(10) The remedies set forth in this section are not exclusive and do not prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.
(Ord. 4823, passed 1-22-24)