Carlsbad City Zoning Code
CHAPTER 21
105 RECYCLING FACILITIES AND RECYCLING AREAS
§ 21.105.010 Recyclable material.
"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic, cardboard, paper, and organic waste (defined in Section 42649.8 of the Public Resources Code), which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. In addition, "recyclable material" is material that is permitted to be recycled at a given site and facility. "Recyclable material" does not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
(Ord. NS-6 § 1, 1988; Ord. CS-312 § 1, 2017)
§ 21.105.015 Recycling facility.
"Recycling collection facility" means a center for the acceptance of recyclable materials. Unless otherwise indicated, such a facility does not use power-driven processing equipment. A small recycling collection facility is less than or equal to five hundred square feet. A large recycling collection facility is greater than five hundred square feet. A mobile recycling collection facility is an automobile, truck, trailer or van licensed by the Department of Motor Vehicles and other ancillary facilities permitted by the city which are used for the collection of recyclable materials.
(Ord. NS-6 § 1, 1988)
§ 21.105.020 Recycling processing facility.
A "recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. "Recycling processing" means the preparation of recyclable material for efficient shipment, to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding or cleaning. A light recycling processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and is limited to two outbound truck shipments per day. Light recycling processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials. A light recycling processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers. A heavy recycling processing facility is any recycling processing facility other than a light recycling processing facility.
(Ord. NS-6 § 1, 1988)
§ 21.105.025 Reverse vending machine.
A "reverse vending machine (RVM)" means an automated mechanical device which accepts one or more types of empty 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. An RVM may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. A bulk RVM is an RVM that is larger than fifty square feet, is designed to accept more than one type of container at a time, and will pay by weight instead of by individual container.
(Ord. NS-6 § 1, 1988)
§ 21.105.030 Recycling collection facilities allowed in commercial and industrial zones.
Recycling collection facilities shall be allowed in commercial and industrial zones upon approval of a conditional use permit pursuant to Chapter 21.42 of this title, and subject to the following:
(a)
Small recycling collection facilities:
(1)
Shall be established in conjunction with an existing commercial use or community service facility which complies with city codes, ordinances and design standards;
(2)
Shall be no larger than five hundred square feet;
(3)
Shall meet all applicable development standards and shall not interfere with pedestrian or vehicular movements;
(4)
Shall accept only glass, metals, plastic containers, papers and reusable items as allowed by the specific conditional use permit;
(5)
Shall use no power driven processing equipment;
(6)
Shall use attractive containers as approved by the City Planner that are compatible with the site and surrounding area and are constructed and maintained with durable waterproof and rustproof material. The containers shall be covered when the site is not attended and be secure from unauthorized entry or removal of material. The containers shall be of a capacity sufficient to accommodate materials collected according to an adopted collection schedule;
(7)
Shall store all recyclable material in containers or in a mobile recycling collection facility. Recyclable materials shall not be left outside of containers or a mobile recycling collection facility when an attendant is not present;
(8)
Shall be maintained free of fluids, odors, litter, rubbish and any other non-recyclable materials, and shall be swept and cleaned at the end of each collection day;
(9)
Noise levels shall comply with city ordinance and standards;
(10)
Attended facilities located within one hundred feet of a property planned, zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.;
(11)
Containers for the twenty-four-hour collection of materials shall be at least one hundred feet from any property zoned or occupied for residential use;
(12)
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;
(13)
Signs shall be provided as follows:
(A)
Recycling facilities may have identification signs with a maximum size of eight square feet. The signage shall include the recycling logo provided by the city and shall indicate the location of other small recycling collection facilities in Carlsbad,
(B)
Signs must be consistent with the positive characteristics of the location and conform to Chapter 21.41 and/or any adopted sign regulation on the site,
(C)
Directional signs, bearing only the recycling logo, may be installed with approval of the conditional use permit if necessary to facilitate efficient and desirable traffic circulation;
(14)
The facility shall not impair required landscaping of the site;
(15)
No additional recycling customer parking spaces will be required for a small recycling collection facility located at the established parking lot of a host use that conforms to the present city parking standards;
(16)
Use of parking spaces by the small recycling collection facility shall not reduce the quantity or quality of available parking spaces below the minimum number required for the site unless all of the following findings can be made:
(A)
The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,
(B)
A parking study shows that existing parking capacity is not already fully utilized during the time that the small recycling collection facility will be on the site. The results of the parking study shall be incorporated into an adopted site parking plan. The plan shall be used by all users of the site along with the city in reviewing land use applications, building permits, tenant improvements to assure parking facilities are adequate to meet demand;
(17)
If the conditional use permit expires without renewal, the recycling collection facility shall be removed from the site on the day following permit expiration.
(b)
Large recycling facilities:
(1)
The facility is not within one hundred fifty feet of a property planned, zoned or occupied for residential use;
(2)
The facility is completely screened from the public view by operating in an enclosed building or within an area completely enclosed by landscaping and a permitted opaque wall or fence of sufficient height to completely screen the facility from the public view. Large recycling collection facilities proposed in the PM zone shall only be allowed to operate completely within an enclosed building;
(3)
The facility complies with the applicable requirements for the site in which the facility is located;
(4)
Any storage of recyclable material shall be in sturdy containers, baled or pelletized. Storage of such material shall be covered, secured and maintained in a clean and orderly condition. Storage containers for flammable materials shall be approved by the fire department;
(5)
The site shall be maintained free of fluids, odors, litter, rubbish and any other nonrecyclable materials, and will be cleaned on a daily basis;
(6)
Reserved;
(7)
Facilities located within five hundred feet of property planned, zoned or occupied for residential use, shall not be in operation between seven p.m. and seven a.m.;
(8)
Any containers provided for after-hour collection of recyclable materials shall be at least two hundred fifty feet from any property planned, zoned or occupied for residential use. All containers shall be of sturdy, rustproof and leakproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers within the PM zone shall be enclosed within a building;
(9)
The facility shall be kept free of fluids, odors, litter and rubbish. The collection area shall be clearly marked to identify type of material that may be deposited. The collection area shall display a notice stating that no material shall be left outside of the containers. A trash can shall be provided and emptied daily;
(10)
Signage shall meet the standards of the site in which the facility is located. Signage including the recycling logo provided by the city, shall clearly indicate the name and phone number of the facility operator, and shall indicate the location of other large recycling collection facilities in Carlsbad.
(Ord. NS-6 § 1, 1988; Ord. CS-102 §§ CXVIII, CXIX, 2010; Ord. CS-164 § 10, 2011)
§ 21.105.040 Recycling processing facilities allowed in industrial zones.
Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional use permit pursuant to Chapter 21.42 and subject to the following:
(a)
The facility shall meet all applicable development standards;
(b)
The facility shall not abut a property planned, zoned or occupied for residential use;
(c)
The facility shall operate in an area completely enclosed on all sides by landscaping and a permitted opaque fence or wall of sufficient height to completely screen the facility from the public view; and located at least two hundred fifty feet from property planned or zoned or occupied for residential use. Recycling processing facilities proposed in the PM zone shall only be allowed to operate completely within an enclosed building;
(d)
Power-driven processing shall be permitted, provided noise levels shall comply with city ordinances and standards. Recycling processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials;
(e)
All 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 approved by the fire department. No storage facilities shall be visible above the height of fencing. No exterior storage shall be allowed in the PM zone;
(f)
The site shall be maintained free of fluids, odors, litter, rubbish and any other nonrecyclable materials. The site shall be cleaned of debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;
(g)
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 customers or the peak hourly load, whichever is higher;
(h)
Space shall be provided to park each commercial vehicle operated by the processing facility and for each employee of the facility;
(i)
Noise levels shall conform with city ordinance and standards;
(j)
If the facility is located within five hundred feet of property planned, zoned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open;
(k)
Areas where recyclable materials are collected shall be kept free of fluids, odors, litter, rubbish and any other undesirable materials, and the collection area shall be clearly marked to identify the type of material that may be deposited, and shall display a notice stating that no material shall be left outside. A rubbish container shall be provided and emptied daily;
(l)
No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties;
(m)
Signage shall meet the standards applicable to the site. Signage shall include the recycling logo as provided by the city, shall clearly indicate the name and phone number of the facility operator, shall indicate the hours of operation and shall indicate the location of other recycling processing facilities in Carlsbad.
(Ord. NS-6 § 1, 1988; Ord. CS-102 § CXX, 2010)
§ 21.105.050 Reverse vending machine facilities.
In commercial zoning districts, a reverse vending machine (RVM) facility may be required by the City Planner to be located and maintained on-site for the following uses and subject to the following standards:
(a)
The RVM shall be located within fifty feet of the entrance of a host use. Host uses include the following:
(b)
A trash can shall be located within ten feet of a reverse vending machine. A RVM facility shall be maintained in a clean, litter and odor free condition.
(c)
A RVM facility shall be an integral part of a site's design and shall not interfere with pedestrian or vehicular movement.
(d)
A RVM facility shall have operating hours that are at least as long as the operating hours and the host use or vending machine(s).
(e)
(f)
An RVM facility shall be identified with a two-foot maximum recycling logo approved by the city for use city-wide. The recycling logo shall not be considered a sign in determining allowable signage for the host site or use.
(Ord. NS-6 § 1, 1988; Ord. CS-164 § 10, 2011)
§ 21.105.060 Recycling areas in development projects.
(a) "Development project"(A) (B) (C) "Improvement" "Floor area of a marina" "Public facility" "Recyclable material" "Recycling area"
Definitions. The following definitions are applicable to this section.
means any of the following:
A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building 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 living units;
Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste;
The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts, there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this section are only required to serve the needs of the living units which utilize the solid waste collection and loading area.
means any activity which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. For purposes of this chapter, "improvements" do not include "repairs." "Repairs" keep facilities in good operating condition, but do not materially add to the value of the facility, and do not substantially extend the life of the facility.
shall be defined as the space dedicated to the docking or mooring of marine vessels.
means and includes, but is not limited to, buildings, structures, marinas and outdoor recreation areas owned by a local agency.
is defined in Section 21.105.010 of this chapter.
means space allocated for collecting and loading of recyclable materials.
(b)
Applicability. Adequate, accessible and convenient areas for collecting and loading recyclable materials shall be provided for each of the following types of development:
(1)
Any new development project for which an application for a building permit is submitted;
(2)
Any improvements for areas of a public facility used for collecting and loading solid waste;
(3)
Any existing development project for which an application for a building permit is submitted for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of the development project;
(4)
Any existing development project for which an application for a building permit is submitted for multiple alterations which are conducted within a twelve-month period which collectively add thirty percent or more to the existing floor area of the development project;
(5)
Any existing development project for which multiple applications for building permits are submitted within a twelve-month period for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor area of the development project;
(6)
Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of that portion of the development project which said tenant leases;
(7)
Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for multiple alterations which are conducted within a twelve-month period which collectively add thirty percent or more to the existing floor area of that portion of the development project which said tenant leases; and
(8)
Any existing development project occupied by multiple tenants, one of which submits within a twelve-month period multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor area of that portion of the development project which said tenant leases.
(c)
Guidelines for All Development Projects.
(1)
Recycling areas shall be designed to be architecturally compatible with nearby structures and with existing topography and vegetation.
(2)
The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.
(3)
The design and construction of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation, storm water pollution prevention, or safety.
(4)
Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety.
(5)
Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.
(6)
Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.
(7)
A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.
(8)
Developments and transportation corridors adjacent to recycling areas shall be adequately protected from any adverse impacts such as noise, odor, vectors, glare, and storm water pollutants through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.
(9)
Recycling areas shall have the ability to accommodate receptacles for recyclable materials.
(10)
Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.
(11)
Recycling areas shall be located so they are as convenient for those persons who deposit, collect, and load the recyclable materials placed therein as are the area(s) where solid waste is deposited, collected and loaded.
(12)
Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.
(d)
Additional Guidelines for Single-Tenant Development Projects.
(1)
Recycling areas shall be adequate in capacity, number and distribution to serve the development project.
(2)
Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of the development project.
(3)
Recycling areas shall contain an adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project.
(e)
Additional Guidelines for Multiple-Tenant Development Projects.
(1)
Recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to subsection (b) of this section.
(2)
Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to subsection (b) of this section.
(3)
Recycling areas shall contain an adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to subsection (b) of this section.
(f)
Costs. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.
(Ord. NS-321 § 2, 1995; Ord. CS-312 § 2, 2017)