"Mobile Recycling Unit" means 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 Center" also means the bins, boxes and containers transported by trucks, vans or trailers, and Used for the collection of Recyclable Materials.

"Recyclable Material" is reusable Material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable Material does not include Refuse or Hazardous Materials. Recyclable Material May include motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(B4) of the California Health and Safety Code.

"Recycling Facility" means 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. Recycling Facilities May include the Following:

1.

Collection Facility. A "Collection Facility" is a center for the acceptance by donation, redemption or purchase of Recyclable Materials from the public. Collection facilities May include the Following:

a.

Reverse vending machines;

b.

Small collection facilities which occupy an area of not more than five hundred square feet, and May include a mobile unit, bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet, kiosk type units, or unattended containers placed for the donation of Recyclable Materials;

c.

Large collection facilities which May occupy an area of more than five hundred square feet and May include permanent Structures.

2.

Processing Facility. A "Processing Facility" is 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:

a.

A "light Processing Facility" which occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two 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.

b.

A "Heavy Processing Facility" is any processing Facility other than a light processing Facility.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

No Person Shall Permit the placement, construction or operation of any Recycling Facility without first obtaining a Permit pursuant to the provisions set forth in this section. Recycling Facilities May be Permitted as set forth in the Following table. In addition to the Permits described below, a reverse vending machine or a small collection Facility May also be allowed in special zones which allow Uses Permitted in Commercial or Industrial Zones with an administrative Permit; and a large collection Facility or processing Facility May be allowed in Agricultural Zones with a Conditional Use Permit.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A single administrative Permit May be granted to allow more than one reverse vending machine 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 Community Development Director to be similar in nature, size and intensity of activity; and

C.

All of the applicable criteria and standards set forth in Section 18.58.040 are met for each such proposed Facility.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Those Recycling Facilities Permitted with an administrative Permit Shall meet all the applicable criteria and standards listed in this section. Those Recycling Facilities Permitted with a Minor Use Permit or Conditional Use Permit, Shall meet the applicable criteria and standards; provided, that the Community Development Director, Planning Commission or City Council, as the case May be, 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.

If this title has a section requiring all activities in a Commercial Zone to be conducted completely within an enclosed Structure and which lists exceptions, that section Shall be amended to add "Recycling Collection Facilities" to the list of exceptions. The criteria and standards for Recycling Facilities are as follows:

A.

Reverse Vending Machines. Reverse vending machines within a commercial Structure do not require discretionary Permits. Reverse vending machines do not require additional Parking Spaces for recycling customers and May be Permitted in all commercial and industrial zones with an administrative Use Permit; provided, that they comply with the Following standards:

1.

Shall be established in conjunction with a commercial Use or community service Facility which is in compliance with the Zoning, Building and Fire Codes of the City;

2.

Shall be located within thirty feet of the entrance to the commercial Structure and Shall not obstruct Pedestrian or vehicular circulation;

3.

Shall not occupy Parking Spaces required by the primary Use;

4.

Shall occupy no more than fifty square feet of floor space per installation, including any protective Enclosure, and Shall be no more than eight feet in height;

5.

Shall be constructed and maintained with durable waterproof and rustproof Material;

6.

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;

7.

Shall have a Sign area of a maximum of four square feet per machine, exclusive of operating instructions;

8.

Shall be maintained in a clean, litter-free condition on a daily basis;

9.

Operating hours Shall be at least the operating hours of the host Use; and

10.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

B.

Small Collection Facilities. Small collection facilities May be sited in commercial and industrial with an administrative Permit, provided they comply with the Following conditions:

1.

Shall be established in conjunction with an existing commercial Use or community service Facility which is in compliance with the Zoning, Building and Fire Codes of the City;

2.

Shall be no larger than five hundred square feet and occupy no more than five Parking Spaces not including space that will periodically be needed for the removal of Materials or exchange of containers;

3.

Shall be set back at least twenty feet from any Street Line and Shall not obstruct Pedestrian or vehicular circulation;

4.

Shall accept only glass, metals, plastic containers, paper and reusable items. Used motor oil May be accepted with Permission of the Local Fire Chief;

5.

Shall Use no power-driven processing equipment except for reverse vending machines;

6.

Shall Use containers that are constructed and maintained with durable waterproof and rustproof Material, covered when the site is not attended, Secured from unauthorized entry or removal of Materials, and Shall be of a capacity sufficient to accommodate Materials collected;

7.

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;

8.

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 Day;

9.

Shall not exceed Noise levels of sixty dBA as measured at the Property line of residentially zoned or occupied Property, otherwise Shall not exceed seventy dBA;

10.

Attended facilities located within one hundred feet of a Property zoned or occupied for residential Use Shall operate only between the hours of nine a.m. and seven p.m.;

11.

Containers for the twenty-four-hour donation of Materials Shall be at least thirty feet from any Property zoned or occupied for residential Uses unless there is a recognized service corridor and acoustical shielding between the containers and the 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 May be provided as follows:

a.

Recycling Facilities May have identification Signs with a maximum of twenty percent per side, or sixteen square feet, whichever is smaller, in addition to informational Signs required in Subdivision 12 of this subsection; in the case of a wheeled Facility, the side will be measured from the pavement to the top of the container,

b.

Signs Must be consistent with the character of the location,

c.

Directional Signs, bearing no advertising message, May be installed with the Approval of the Community Development Director if necessary to facilitate traffic circulation, or if the Facility is not visible from the public Right-of-Way,

d.

The Community Development Director May authorize increases in the number and sizes of Signs upon findings that it is compatible with adjacent Businesses;

14.

The Facility Shall not impair the Landscaping required by Local Ordinances for any concurrent Use by this title or any Permit issued pursuant thereto;

15.

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 spot will be provided for the attendant, if needed;

16.

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;

17.

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:

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 the Recycling Facility will be on the site,

c.

The Permit will be reconsidered at the end of eighteen Months.

A reduction in available Parking Spaces in an established Parking Facility May than be allowed as follows:

For a commercial host Use:

For a community Facility host Use: A maximum of five space reduction will be allowed when not in conflict with parking needs of the host Use;

18.

The initial Permit to be issued Shall expire in twelve Months from the date of issuance, subsequent Permits Shall be effective for three-Year intervals;

19.

If the Permit expires without renewal, the collection Facility Shall be removed from the site on the Day Following Permit expiration.

C.

Large Collection Facilities. A large collection Facility is one that is larger than five hundred square feet, or is on a separate Property not appurtenant to a host Use, and which May have a permanent Building. A large collection Facility is Permitted in C-2 Commercial and Industrial Zones with a Conditional Use Permit, provided the Facility meets the Following standards:

1.

Facility does not abut a Property zoned or planned for residential Use;

2.

Facility will be screened from the public Right-of-Way by operating in an Enclosed Building or within an area enclosed by an opaque Fence at least six feet in height with Landscaping, or at least one hundred fifty feet from Property zoned or planned for residential Use, and meets all applicable Noise standards in this title;

3.

Setbacks and landscape requirements Shall be those provided for the zone 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 Materials Shall be constructed of nonflammable Material. Oil storage Must be in containers Approved by the Fire Chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the 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 Vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit Recyclable Materials, except where the Community Development Director determined that allowing overflow traffic above six Vehicles is compatible with surrounding Businesses 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 fifty-five dBA as measured at the Property line of residentially zoned Property, or otherwise Shall not exceed seventy DBA;

9.

If the Facility is located within five hundred feet of Property zoned, planned or occupied for residential Use, it Shall not be in operation between seven p.m. and seven a.m.;

10.

Any containers provided for after-hours donation of Recyclable Materials will be at least fifty feet 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. Containers Shall be at least twenty feet from any Building;

11.

Donation areas will be kept free of litter and any other undesirable Materials 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 containers;

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 Community Development 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 through a Use Permit process or at the discretion of the Community Development Director if Noise and other conditions are met.

D.

Processing Facilities. A light processing Facility is Permitted in Heavy Commercial Zones and Light Industrial Zones with a Minor Use Permit. A large processor is Permitted in Light Industrial Zones with a Conditional Use Permit. All processors are Permitted in Heavy Industrial or Manufacturing Zones with a Conditional Use Permit or according to the practice of the City for similar Uses. 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 masonry Wall not less than eight feet in height and landscaped on all Street Frontages,

b.

Located at least one hundred fifty feet 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 square feet and Shall have no more than an average of two 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 Section 25250.11 of the California Health and Safety Code;

6.

Setbacks and Landscaping requirements Shall be those provided for the zone in which the Facility is located;

7.

All exterior storage of Materials 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 Chief. 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, and 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 customers, except where the Community Development Director determines that allowing overflow traffic above six Vehicles 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 dBA as measured at the Property line of residentially zoned or occupied Property, or otherwise Shall not exceed seventy dBA;

12.

If the Facility is located within five hundred feet of Property zoned or planned for residential Use, it Shall not be in operation between the hours of seven p.m. and seven 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 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 zone in which the Facility is located. In addition, the 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. 0-14-92 § 1 (Exh. A) (part), 1992)

The City Council recognizes that staff, as well as administrative time and City resources, will be utilized in processing Permits per this chapter. It is therefore authorized that staff should present to the City Council a Resolution setting the appropriate Fee for such Permits.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A.

All Persons, except for an authorized recycling agent, are prohibited pursuant to California State Law AB3717, Chapter 1475, from removing from any Designated recycling location, Material which has been segregated from other waste Material for the purpose of recycling and placed at a Designated collection Facility or deposited with a certified Recycling Facility.

B.

Any Person May donate or sell recyclables to any other Person whether operating for profit or not for profit.

C.

No Person Shall violate any of the provisions of this chapter.

D.

Any Person, firm or corporation violating any of the provisions or failing to comply with the requirements of this chapter will be subject to enforcement by the Community Development Department.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)