The purpose of the Chapter is to:

   (a)   Allocate collection, storage, and loading of recyclable materials at “development projects” as defined here;

   (b)   Supplement the provisions of Riverside County Ordinance No. 348 adopted by reference by the City as its zoning ordinance.

   As used in this Chapter, the following words shall have the following meanings:

   (a)   “Development Project” means any of the following:

      (1)   A project for which a building permit is required for commercial, industrial, institutional buildings, marinas, or residential buildings having five or more living units, where solid waste is collected and loaded, and any residential project where solid waste is collected and loaded in a location serving five or more units.

      (2)   Any new public facility where solid waste is collected and loaded and any improvements of a public facility used for collecting and loading solid waste.

   (b)   “Recycling” means the series of activities by which materials that would otherwise remain in the solid waste stream are collected, separated, or processed and used to make other or new products.

   On or after September 1, 1994, the development projects which have not yet obtained a building permit are required to include recycling areas as set out in this Chapter.

   All costs associated with designing or adding recycling space to new or existing development projects shall be the responsibility of the developer. The City shall by resolution establish fees for review of the recycling plan.

   Before issuance of any building permit and as part of a site plan or conditional use permit, any development project shall prepare and submit to the City Planner, and have approved by him/her, a recycling plan for a recycling area which meets the following requirements:

   (a)   The area shall be designed to be compatible with nearby structures and with the existing topography and vegetation, in accordance with existing standards, and its location shall be shown on the site plan.

   (b)   The design, fencing and construction of recycling areas shall adequately screen and secure the recyclable materials placed there.

   (c)   The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

   (d)   Recycling areas or bins or containers shall provide protection against adverse environmental conditions, such as rain, which might render the collected material unmarketable.

   (e)   Driveways and/or travel aisles, at a minimum, shall conform to local building code requirements for waste collection access and clearance. In the absence of such building code requirements, unobstructed access shall be provided for collection vehicles and personnel.

   (f)   A sign clearly identifying the recyclable collection and loading area shall be posted in the area, and the materials accepted there shall be posted adjacent to all points of direct access to the recycling areas. Signage shall also state that only the specific recyclable materials for which bins are provided by the handler shall be placed in those bins. Signage shall conform to local signage code requirements.

   (g)   Developments and transportation corridors adjacent to recycling areas shall be adequately protected from adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, screening, maintaining adequate separation, fencing, and landscaping.

   (h)   Recycling areas shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials as the location where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

   (I)   On-going maintenance and clean up of the interior of each recycling and solid waste area are the responsibility of the property owner. A maintenance and clean-up area also may be provided within the enclosure.

   (j)   The areas shall provide adequate space for the separation and holding of recyclable materials.

   (k)   Other requirements specific or appropriate to that development project as determined by the City Planner.

   (a)   In order to meet these requirements, an existing development may use one parking space, landscaped areas or private open spaces for the location of the recycling containers, if as part of the recycling plan the Planning Director determines that the loss of the parking, landscaping area or open space areas will not have a significant negative effect on the need for such areas or the aesthetics of the development.

   (b)   A parking space that has been converted to a recycling container area must be marked for recycling and adequately barricaded to prevent use as a parking space.

   (a)   Violation or failure to comply with any of the provisions of this Chapter shall constitute grounds for refusal of a building permit.

   (b)   Violation or failure to comply with requirements of this ordinance may be deemed a public nuisance.

   (c)   The City Attorney may seek legal, injunctive, or other equitable relief to enforce this ordinance.

   (d)   The remedies and penalties provided in this section are cumulative and not exclusive.