(A) General requirements.
(1) In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991 (Cal. Public Resources Code §§ 42900 through 42911), any project for which an application for a building permit is submitted after the effective date of this ordinance, shall include adequate, accessible areas for collecting and loading refuse and recyclable materials. These regulations apply to refuse and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site.
(2) In accordance with the California Waste Management Act of 1989 (Cal. Public Resources Code §§ 40050 through 40063) and County Code § 15.01.020, areas for recycling shall be adequate in capacity, number, and distribution to serve the development where the project occurs. These areas shall be located within, or as close as possible to, planned or existing exterior collection areas/enclosures.
(B) Applicability. The provisions of this section apply to all development except the following:
(1) Any project for which a building permit is not required from the San Benito County Planning Department;
(2) All permits not related to the interior improvement of a building excluding new structures; and
(C) Size and location. Refuse, including organic waste and fats, oils, and grease, and recycling collection areas shall be sized and located as provided below. Additional storage area and alternative designs may be required based on the types and quantities of materials to be generated by the proposed land use and the mode of collection. Additional design requirements may be applied for the purposes of preventing stormwater pollution discharges.
(1) Size and number. Refuse collection areas shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, and any other waste until such items are picked up by the County or its contracted collector.
(2) Location.
(a) Refuse areas shall be located outside required yard and setback, parking or landscaped areas, or any other area required to be constructed or maintained unencumbered according to fire codes and other applicable building and public safety laws.
(b) Enclosures shall be located a minimum of ten feet from any structure, 25 feet from any public street, 15 feet from the edge of pavement of a private street and, in commercial areas, 25 feet from any residential zoned property line. Placement of enclosures within these areas may be approved as part of a development review.
(c) Collection areas shall be no more than 250 feet from each living unit within a residential development.
(D) Security and function design measures.
(1) Enclosure required. Exterior collection areas must be within an enclosure that meets the following standards.
(a) Minimum height. Five feet.
(b) Design. The enclosure shall be designed to architecturally integrate with the adjacent building structure(s).
(c) Exterior collection areas must be within an enclosure constructed of solid concrete or masonry wall.
(d) Concrete curbs, bollard, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure.
(2) Enclosure gates. The primary collection access point must be screened with a gate a minimum of five feet in height, made of steel or approved equivalent and detached from masonry, which is locked continuously except on collection days.
(a) Enclosure gates must have a four-inch clearance off the finished pad or apron and surrounding curbs.
(b) Gates in the opened position shall not infringe on the traffic aisles and open to at least 135 degrees when secured open.
(c) Hardware should be of enough strength to accommodate repetitive swinging.
(d) Gated opening for ingress/egress of bins must be a minimum of 16 feet wide with no posts in the middle, place gate posts outside this span to avoid reducing the span.
(e) Gates must always remain closed except when being serviced by waste hauler.
(f) Gate doors shall be provided a means to secure the doors both opened and closed, e.g., cane bolt w/sleeve and slide latch between doors and sleeve in pavement. The bolts should be a minimum one-half inch diameter and the sleeves for both should be a minimum of one inch or double the size of the bolt to allow flexibility.
(3) Protection from bins and vehicles. To prevent damage to the enclosure from bins or vehicles, the enclosure shall have bollards, painted to match adjacent wall (façade) color inside the enclosure, or interior concrete curbing, a minimum of six-inch-high and six-inch-deep, or wheel stops set a minimum of six inches from each wall.
(4) Covers. The refuse and recyclable materials in exterior collection areas shall be protected from the rain by a roof over the collection area or by use of covered receptacles/containers within the collection areas. Lids must always remain closed except when loading or unloading.
(E) Access requirements. The storage area for refuse and recyclable materials must be accessible to pedestrians (both residents and/or employees) of the development site and to refuse and recycling haulers. Vehicle access requirements are as follows:
(1) Driveways or travel aisles leading to exterior collection areas or enclosures shall be a minimum of sixteen feet in width and paved in accordance with this title’s paving requirements.
(2) Driveways or travel aisles shall provide unobstructed paved access for collection vehicles and provide a minimum of 15 feet vertical clearance. In loading areas, minimum overhead vertical clearance shall be 25 feet for loading operations.
(3) (a) A concrete apron or pad, having a minimum size of ten feet wide by 20 feet long, shall be constructed in front of each exterior collection area or enclosure or at the point of pick-up by the collection vehicle. The purpose of this pad is to prevent damage to the surrounding asphalt paving. The pad shall have a level surface (no slope) and shall be paved with concrete.
(b) The Director may waive the requirement for, and/or size of, the concrete apron or pad provided the property owner can demonstrate that the existing asphalt located at the access and servicing areas of the refuse and recycling enclosure has withstood on-going, regular use without appreciable degradation. The property owner may also be required to enter into a private road agreement with the County as a condition to proving service.
(F) Signage.
(1) Signs shall be posted on each container for recyclable material, identifying which material shall be disposed of in that container.
(2) One sign identifying each outdoor refuse and recycling area is required. Each sign shall not exceed four square feet and shall be posted on the exterior of the area adjacent to the access point. The sign shall also notify the public that unauthorized collection and/or scavenging is prohibited.
(G) Exceptions. The Director shall have the authority to approve exceptions, or consider modified design standards, to the requirements of this section, for new development projects and projects involving the expansion or retrofit of an existing development. The property owner/applicant must first prove that he/she cannot meet the requirements for the refuse and recycling collections area as set forth in this section and any other applicable section.
(1) Reasons for exceptions. Exceptions may be approved for reasons including, but not limited to, the following:
(a) The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking spaces or required landscaping, or would conflict with some other essential site improvement required by the County;
(b) The nature of the proposed development justifies the provision of less recyclable materials storage and collection space than mandated by this chapter; or
(c) Construction of the full enclosure with the landscaping buffer would reduce the vehicular access aisle to less than acceptable width. Cost alone is not a valid reason for granting an exception.
(2) Required findings. Exceptions from any provision of this section may be approved if the following findings can be made:
(a) That the exception from these requirements will not be detrimental to public health, safety, or welfare nor result in a nuisance; and
(b) That the project will provide adequate capacity, number and distribution of collection areas to serve the new or existing development.
(Ord. 1043 § 3 (part), 2022)