A. Legislative Findings And Determination: The city council does hereby find, determine and declare as follows: that the city council desires to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials; and desires to encourage the provision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses.
B. Purposes And Application: The intent of these regulations is to exercise reasonable control over the installation and location of recycling facilities such that the aesthetic and safety values of residential, commercial and industrial areas are maintained. (Ord. 709, 12-1-1987)
C. Definitions:
COLLECTION FACILITY: A center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in subsection E of this section. Collection facilities may include the following:
1. Reverse vending machines;
2. Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet;
c. Kiosk type units which may include permanent structures;
d. Unattended containers placed for the donation of recyclable materials;
3. Large collection facilities which may occupy an area of more than five hundred (500) square feet and may include permanent structures.
MOBILE RECYCLING UNIT: An automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
PROCESSING FACILITY: A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
1. A light processing facility occupies an area of under forty five thousand (45,000) square feet gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.
2. A heavy processing facility is any processing facility other than a light processing facility.
RECYCLABLE MATERIALS: Include paper, plastics, glass, aluminum, corrugated cardboard and other materials which can be separated from regular garbage for reuse not including yard waste diverted from the solid waste stream.
RECYCLING FACILITY: A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California department of conservation as meeting the requirements of the California beverage container recycling and litter reduction act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
REVERSE VENDING MACHINE(S): An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one container at a time, and will pay by weight instead of container. (Ord. 709, 12-1-1987; amd. 2007 Code)
D. Recycling Facility Requirements:
1. Permits Required: No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit from the planning director and an electrical hookup permit through the building official pursuant to the provisions set forth in this section.
2. Permits For Multiple Sites: A single administrative permit may be granted to allow more than one reverse vending machine(s) or small collection facility located on different sites under the following conditions:
a. The operator of each of the proposed facilities is the same;
b. The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity; and
c. All of the applicable criteria and standards set forth in subsection E of this section are met for each such proposed facility.
E. Criteria And Standards: Small collection recycling facilities, as defined by subsection C of this section, permitted by administrative approval shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted as a permitted use shall meet the applicable criteria and standards, provided that the planning director and/or planning commission may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this title.
The criteria and standards for small recycling facilities are as follows:
1. Reverse vending machine(s):
a. Shall be established in conjunction with a permitted commercial use or community service facility or in conjunction with an approved conditional use which is in compliance with the zoning, building and fire codes of the city;
b. Shall be located in an area convenient for customer access and shall not obstruct pedestrian or vehicular circulation;
c. Shall not occupy parking spaces required by the primary use;
d. Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet (8') in height;
e. Shall be constructed and maintained with durable waterproof and rustproof material;
f. Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
g. Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions;
h. Shall be maintained in a clean, litter free condition on a daily basis;
i. Operating hours shall be at least the operating hours of the host use;
j. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
k. More than one reverse vending machine may be permitted not to exceed a total floor area of five hundred (500) square feet.
2. Small collection facilities as defined by subsection C of this section:
a. Shall be established in conjunction with an existing commercial use or community service facility or with an approved, permitted or conditional use with administrative approval as specified in each zone district;
b. Shall be no larger than five hundred (500) square feet and shall not occupy any required parking established for the host use other than approved by the planning director and/or planning commission;
c. Shall be set back at least ten feet (10') from any street line or as necessary in order not to obstruct pedestrian or vehicular circulation;
d. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official;
e. Shall use no power driven processing equipment except for reverse vending machines;
f. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of capacity sufficient to accommodate materials collected and collection schedule;
g. Shall be maintained free of litter and other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
h. Shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present;
i. Shall not exceed noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA;
j. Attended facilities located within one hundred feet (100') of a residential zone or occupied for residential use shall operate only during the hours between nine o'clock (9:00) A.M. and seven o'clock (7:00) P.M.;
k. Containers for the twenty four (24) hour donation of materials shall be at least thirty feet (30') from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between containers and the residential use;
l. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
m. Signs may be provided as follows:
(1) Recycling facilities may have identification signs with a maximum of twenty percent (20%) per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection E2l of this section; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container;
(2) Signs must be consistent with the character of the location;
(3) Directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right of way.
n. The facility shall not impair the landscaping required by local ordinance for any concurrent use by this title or any permit issued pursuant thereto;
o. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;
p. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
q. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
(1) The facility is located in a convenience zone or a potential convenience zone as designated by the California department of conservation.
(2) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;
r. The facility shall at all times be in compliance with all provisions of this section or shall be found in noncompliance with this title and, therefore in violation and shall cause removal from the site following appropriate notice by the planning director and/or planning commission. Such notice shall consist of a written statement addressing the violations, and the processor shall be given thirty (30) days to comply. If at the end of thirty (30) days the conditions are not met, the facility shall be removed from the site the following day ending the thirty (30) day time limit.
F. Large Collection Facilities: A large collection facility is one that is larger than five hundred (500) square feet, or is on a separate property not appurtenant to host use, and which may have a permanent building. Large collection facilities are subject to the following criteria and standards:
1. Facility does not abut a property zoned or planned for residential use;
2. Facility will be screened from the public zoned or planned for residential uses;
a. Shall meet all applicable noise standards as set out in subsection F8 of this section.
3. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.
4. All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department and public health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of fencing.
5. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
6. Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials; except where the planning director and/or planning commission determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding business and public safety.
7. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.
8. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA;
9. If the facility is located within five hundred feet (500') of property zoned, planned or occupied for residential use, it shall not be in operation between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M.
10. Containers provided for after hours donation of recyclable materials will be at least fifty feet (50') from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of materials.
11. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling center.
12. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right of way.
13. Power driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved by the planning commission if the facility meets the noise standards or any other conditions that be placed on the use.
G. Processing Facilities: A light processing facility occupies an area of under forty five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day and is limited to baling, briquetting, crushing, compacting, flattening, grinding, mechanical sorting, shredding, cleaning and remanufacturing.
A processor will meet the following conditions:
1. Facility does not abut a property zoned or planned for residential use.
2. In a commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or
a. Within an area enclosed on all sides by fence or wall not less than eight feet (8') in height and landscaped on all street frontages;
b. Located at least one hundred fifty feet (150') from property zoned or planned for residential use.
3. Power driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials;
4. A light processing facility shall be no larger than forty five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.
5. A processing facility may accept used motor oil for recycling from the generator in accordance with Health and Safety Code section 25250.11.
6. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.
7. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
8. Site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.
9. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and public safety.
10. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.
11. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA.
12. If the facility is located with five hundred feet (500') of property zoned or planned for residential use, it shall not be in operation between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. The facility will be administered by on site personnel during the hours the facility is open.
13. Any containers provided for after hours donation of recyclable materials will be at least fifty feet (50') from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
14. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers.
15. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.
16. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties. (Ord. 709, 12-1-1987)