Chapter 14-34
RECYCLING AND FACILITY ORDINANCE
Sections:
14-34.102 Permits for multiple sites.
14-34.103 Collection facilities.
14-34.100 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Recyclable material” shall mean reusable material, including, but not limited to, metals, glass, plastic, and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. “Recyclable material” shall not include refuse or hazardous materials. “Recyclable material” may include used motor oil collected and transported in accordance with Section 25250.11 and subsection (4) of subsection (b) of Section 25143.2 of the Health and Safety Code of the State.
(b) “Recycling facility” shall mean a center for the collection and/or processing of recyclable materials. A certified recyclable facility shall mean a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Litter Reduction Act of 1986. “Recycling facility” shall not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of materials generated by such residential property, business, or manufacturer. Recycling facility may include a “collection facility” but not a “processing facility.”
(c) “Collection facility” shall mean 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 set forth in Section 14-34.103 of this chapter. Collection facilities include the following which occupy an area of not more than 500 square feet and may include:
(1) A mobile unit;
(2) Kiosk type units which may include permanent structures;
(3) Unattended containers placed for the donation of recyclable materials; and
(4) Collection facilities exceeding 500 square feet in area are prohibited.
(d) “Processing facility” shall mean a building or enclosed space used for the collection and processing of recyclable materials. “Processing” shall mean 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.
(f) “Mobile recycling unit” shall mean an automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles of the State, which vehicle is used for the collection of recyclable materials. “Mobile recycling unit” shall also mean the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.
(g) “Transfer station” shall mean any facility designed or used to accept recycled material for transfer to another location for further processing.
(§ 1, Ord. 1225-07 (CM), eff. November 8, 2007)
14-34.101 Permits required.
It shall be unlawful for any person to place, construct, operate, or permit the placement, construction, or operation of any recyclable facility without first obtaining a permit pursuant to the provisions of this section. Recycling facilities may be permitted as set forth in the following table:
|
Type of Facility |
Districts Permitted |
Permit Required |
|
Collection |
All Commercial and Industrial |
Administrative Use Permit and Design Review Approval (outdoor locations) |
|
Processing, transfer stations |
Prohibited City-wide |
Not Applicable |
(§ 1, Ord. 1225-07 (CM), eff. November 8, 2007)
14-34.102 Permits for multiple sites.
A single use permit and a single Design Review Approval may be granted to allow more than one collection facility to be located on different sites subject to the following conditions:
(a) The operator of each of the proposed facilities is the same; and
(b) The proposed facilities are determined by the Zoning Administrator to be similar in nature, size, and intensity of activity; and
(c) The applicable requirements set forth in Section 14-34.103 of this chapter are met for each such proposed facility.
(§ 1, Ord. 1225-07 (CM), eff. November 8, 2007)
14-34.103 Collection facilities.
Collection facilities may be sited in Coastal Zone E (sanitary landfill) and the Commercial and Industrial Districts with an Administrative Use Permit and Design Review Approval provided they are required to comply with the following conditions as well as any additional conditions imposed by the Zoning Administrator. Provided, however, the Zoning Administrator, Commission, or Council, as the case may be, may relax such standards or impose stricter standards in an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this title. In any case, the design, colors, and materials of the proposed facility shall match or compliment the host facility and/or immediate neighborhood. Such conditions are:
(a) Shall be located on the same parcel as an existing Commercial use which is in compliance with this title and the building and fire codes of the City;
(b) Shall be no larger than 500 square feet and occupy no more than five (5) parking spaces, not including space which will be periodically needed for the removal of materials or exchange of containers;
(c) Shall not obstruct pedestrian or vehicular circulation;
(d) Shall accept only glass, metals, plastic containers, paper, and reusable items. Used motor oil may be accepted with the permission of the County Health Officer;
(e) Shall use no power-driven processing equipment;
(f) Shall use containers which are constructed and maintained with durable waterproof and rustproof materials covered when the site is not attended, secured from unauthorized entry or removal of materials, and of a capacity sufficient to accommodate the materials collected and the collection schedule:
(g) Shall store all recyclable materials in containers or in mobile unit vehicles and shall not leave materials outside of containers when an attendant is not present;
(h) Shall be maintained free of litter and any 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;
(j) Containers for the twenty-four (24) hour donation of materials shall be at least fifty (50') feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
(k) Containers shall be clearly marked to identify the types of materials 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 shall display and comply with a notice stating that no material shall be left outside the recycling enclosure or containers;
(l) Signs are allowed only as follows:
(1) Recycling facilities may have identification signs with a maximum size of twenty (20%) percent of the surface area of each vertical wall or sixteen (16) square feet, whichever is larger, in addition to the informational signs required by subsection (k) of this section; in the case of a wheeled facility, the size shall be measured from the pavement to the top of the container,
(2) Signs shall be consistent with the character of the location,
(3) Professionally designed and constructed directional signs, bearing no advertising message, may be installed with the approval of the Zoning Administrator if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way, and
(4) The Zoning Administrator may authorize increases in the number and size of signs upon findings that such is compatible with the adjacent businesses;
(m) The facility shall not impair the landscaping required by local regulations for any concurrent use by this title or any permit issued pursuant thereto;
(n) No additional parking spaces shall be required for customers of a collection facility located at the established parking lot of a host use. One space shall be provided for the attendant, if needed;
(o) 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;
(p) The occupation of parking spaces by the facility and by the attendant may not reduce the available parking spaces below the minimum 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 State Department of Conservation,
(2) A parking study shows that the existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and
(3) The permit will be reconsidered at the end of eighteen (18) months.
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
For a commercial host use:
|
Number of Available Parking Spaces |
Maximum Reduction |
|
0-25 |
0 |
|
26-35 |
2 |
|
36-49 |
3 |
|
50-99 |
4 |
|
100+ |
5 |
(q) If the permit expires without renewal, the collection facility shall be removed from the site on the day following the permit expiration.
(§ 1, Ord. 1225-07 (CM), eff. November 8, 2007)