Escondido City Zoning Code
ARTICLE 33
RECYCLING FACILITIES
§ 33-690 Purpose.
It is the purpose of this article to provide standards for recycling facilities. It is intended that such recycling facilities be installed and operated in a manner consistent with the health, safety and aesthetic objectives of this article.
(Zoning Code, Ch. 104, § 1040.10; Ord. No. 97-05, § 1, 4-2-97)
§ 33-691 Objectives.
(a)
To ensure recycling facilities are installed to prevent possible injury to person or damage to property.
(b)
To permit locations which do not obstruct pedestrians or vehicular circulation.
(c)
To ensure that recycling facilities do not create a nuisance for surrounding property owners with noise or odor.
(d)
To require sufficient screening, setback and height limitations preventing aesthetic intrusions into surrounding areas.
(Zoning Code, Ch. 104, § 1040.11; Ord. No. 97-05, § 1, 4-2-97)
§ 33-692 Definitions.
means a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.
means a center for the acceptance by donation, redemption, purchase or other means, of recyclable materials predominantly from the public. Such a facility does not use power-driven processing equipment except as indicated in section 33-694(b)(5). Collection facilities may include the following:
means a small structure similar to a one-day service photo stand or newsstand pavilion which may be permanent in nature and is occupied by an attendant for collecting the recyclable material.
means an automobile, truck, trailer or van which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes, or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
means the preparation of recyclable materials to the specifications of an end-user for the purpose of remanufacturing. Processing may include the preparation of recyclables by means of bailing, compacting, flattening, crushing, shredding, cleaning and any other mechanical sorting. Processing also includes the initial dumping of material into containers or onto a floor. The processing does not include the recycling of refuse materials (other than incidental residuals contained within the recycling load, which may not exceed 10% of the materials processed by weight), or hazardous materials or auto dismantling.
means a building or enclosed space used for the collection and processing of recyclable materials. Such facilities deal with the collection and preparation of recyclable materials for efficient shipment to an end user's specifications by means of bailing, compacting, flattening, crushing, shredding, cleaning, and any other mechanical sorting. Such facilities do not involve the remanufacturing of recyclable materials into new products and/or crushing of concrete or asphalt. Processing facilities may include the following:
Small processing facilities which occupy an area larger than 500 square feet and do not process more than 10 tons of recyclable materials per day.
Large processing facilities means any processing facility other than a small processing facility used for the collection and processing of recyclable material collected predominantly from commercial and industrial sources, as well as commercial and municipal recycling vehicles.
means the process that produces mulch and soil modifier materials from yard waste. This process includes shredding, grinding and the composition of yard waste.
means a center for the collection and/or processing of recyclable materials. Recycling facilities include "collection facilities" and "processing facilities."
means reusable materials including, but not limited to, metals, glass, plastic, paper and yard waste which are intended for reuse, remanufacture or reconstruction for the purpose of using the altered form. Recyclable materials may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b) of the California Health and Safety Code.
means a solid product left over at the end of the sorting and processing of recyclable materials which is intended for disposal rather than shipment to an end-user for the purpose of remanufacturing or reuse.
means an automated mechanical device which occupies less than 50 square feet and accepts at least one or more type of empty beverage 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 as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and met the requirements of certification as recycling facility, multiple groupings of reverse vending machines may be necessary.
means materials trimmed from trees, ground cover, and shrubs. It may also include leaves, weeds, clippings, branches, brush and wood materials.
(Zoning Code, Ch. 104, § 1040.20; Ord. No. 92-21, § 1, 6-10-92; Ord. No. 97-05, § 1, 4-2-97)
§ 33-693 Permits required.
No person shall place, construct, or operate any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section and written consent from the property owner. Recycling facilities may be permitted as set forth in the following table:
Type of Recycling Facility | Zones Permitted | Permit Required |
|---|---|---|
Reverse vending machine(s) | All commercial | Administrative approval (conditional use permit in downtown revitalization area) |
Reverse vending machines | All industrial (Except I-P) | Administrative approval (CUP in downtown revitalization area) |
Small collection facilities | All commercial | Administrative approval |
Small processing facility | M-1 (processing in an enclosed structure) | Administrative approval |
M-1 (outdoor processing) | Conditional use permit | |
M-2 | Administrative approval | |
Large processing facility | M-1 (indoor processing only) | Conditional use permit |
M-2 | Conditional use permit |
(Zoning Code, Ch. 104, § 1040.30; Ord. No. 92-21, § 1, 6-10-92; Ord. No. 97-05, § 1, 4-2-97)
§ 33-694 Development standards.
Those recycling facilities permitted by administrative approval shall meet all of the applicable criteria and standards listed below. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards, provided that the planning commission may modify standards upon reviewing individual requests upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section.
(a)
Reverse vending machine(s). Reverse vending machine(s) located within a commercial structure do not require review by the planning department. Reverse vending machines do not require additional parking spaces for recycling customers. They may be permitted in all commercial and industrial zones with an administrative use permit except the downtown revitalization area, in which case they require a conditional use permit. In addition to conditional use permit findings of fact, reverse vending machines shall comply with the following standards:
(1)
Shall be established in conjunction with a commercial use which is in compliance with the zoning, building and fire codes of the city;
(2)
Shall be located in close proximity to the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
(3)
Shall not be located in the parking area of the commercial use;
(4)
Shall occupy no more than 50 square feet of floor space, 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 required by the State of California;
(10)
Shall be illuminated to ensure safe operation if operating hours are between dusk and dawn.
(b)
Small collection facilities. Small collection facilities may be sited in commercial structures and industrial zones with an administrative permit provided they comply with the following conditions:
(1)
Shall be established in conjunction with an existing commercial center over three acres in size with a supermarket which is in compliance with the zoning, building and fire codes of the city;
(2)
Shall be no larger than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
(3)
Shall be set back at least 10 feet from any street right-of-way, shall be provided with landscaping adjacent to the street and shall not obstruct pedestrian or vehicular circulation;
(4)
Shall accept only glass, metals, plastic containers, paper and reusable items;
(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 with site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
(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 materials. 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 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;
(10)
Shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;
(11)
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 or operation and display a notice stating that no material shall be left outside the recycling enclosure or containers;
(12)
Signs may be provided as follows:
(A)
Recycling facilities may have identification signs with a maximum of 20% per side or 16 square feet, whichever is larger, in addition to directional signs as required in subsection (C) 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 style, color and character of the location,
(C)
Directional signs, bearing no advertising message, may be installed with the approval of the planning commission if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
(13)
The facility shall not eliminate any existing landscaping established in the commercial center;
(14)
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 space will be provided for the attendant who may be present;
(15)
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;
(16)
Occupation of parking spaces by the facility may not reduce available parking spaces below the minimum number required for the center.
(c)
Small processing facilities. Small outdoor processing facilities may be sited in the M-1 (light industrial) zone with the processing of a conditional use permit, and may be approved administratively (plot plan) in the M-2 (general industrial) zone. Such facilities shall comply with the following conditions:
(1)
Enclosure. Unless adequately screened and the requirements of the Noise Ordinance are met, power-driven processing equipment shall be enclosed within a structure. Power-driven processing equipment does not include forklifts, front-end loaders, and other types of lifting or hauling vehicles as determined by the planning division. Any operation and outdoor storage shall be screened by a continuous solid wall or fence a minimum six feet high, in conformance with the industrial code requirements for outdoor storage set forth in Article 26, sec. 33-571. Fences or walls may be constructed higher than six feet in any location allowed for principal structures in accordance with section 33-694(c)(4);
(2)
Noise. The noise levels along the property line shall not exceed those identified in Article 12 of Chapter 17 of this code. The noise level at the property line of a large recycling facility abutting a residential zone shall not exceed 50 dB when abutting single family zones and no more than 55 dB when abutting multiple family zones;
(3)
Outdoor storage. Adequate storage area shall be delineated on site. Said area shall not interfere with the on-site circulation. No stacking of materials shall project above the perimeter screening walls or fence within an M-1 zone. Adequate screening shall be provided for all outdoor storage areas to the satisfaction of the director of community development. All exterior storage material subject to vectors shall be in sturdy, nonflammable containers which are covered, secure and maintained in good condition. Baled, pelletized or bulk material which may not be easily confined or stored in such containers may be stored behind sight-obscuring walls or appropriately screened fences.
(4)
Landscape/setbacks. The minimum required setbacks depicted in the underlying zone shall be provided. Additional setbacks and separation are required for facilities developed adjacent to residential zones, schools or parks as indicated under sections 33-571, 33-572, 33-573, 33-601, 33-602 and 33-603. Landscaping shall be provided in compliance with the Landscape Ordinance and industrial code landscape provisions, and shall provide additional screening as determined by the director of community development;
(5)
Signs. All signs such as the facility's identification or directional sign, shall comply with the sign ordinance;
(A)
Signs must be consistent with the style, color and character of the location,
(B)
Directional signs, bearing no advertising message, may be installed with the approval of the planning commission if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way,
(C)
All signs shall comply with the sign criteria depicted in the underlying zone;
(6)
Parking. Employee and customer parking shall be provided in accordance with the provisions of Article 39, sec. 33-765 (off-street parking);
(7)
Operating hours. Enclosed processing facilities shall not operate between the hours of 11:00 p.m. and 6:00 a.m. Outdoor processing facilities shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Facilities sites located within 100 feet of a property with residential zoning shall not operate between the hours of 9:00 p.m. and 7:00 a.m. Pick-up or deliveries also shall not occur during these hours;
(8)
Recyclable materials or refuse which has accumulated or is deposited outside of containers, bins or enclosures intended as receptacles for recyclable materials shall be removed on an as needed basis. The premises of the facility shall be maintained free of litter and any other debris, and shall be swept at the end of each collection day.
(d)
Large processing facility. Large processing facilities may be sited in the M-2 (general industrial) zone with the processing of a conditional use permit. In addition to the conditions required for small processing facilities, all large processing facilities shall be subject to the following requirements:
(1)
A traffic and noise study may be required as part of the application for any proposed facility as determined by the planning and engineering departments.
(2)
Residual waste. Facilities shall be limited to a maximum of 10% residual waste retrieved from the recyclable materials by weight. In order to ensure compliance with this provision, the operator of the facility shall submit a quarterly report to the planning division due by the last week of the 1st, 4th, 7th, and 10th month of the year detailing the monthly percentage of residual waste removed from the recyclable materials. The report shall contain a brief analysis of the monthly tonnage of recyclable materials by type and residual waste processed through the facility. The 10% residual waste limit will be calculated based on the average over the reporting period. The report also shall indicate the contract hauler for the residual waste and destination for final disposal.
(3)
Air contaminants including, but not limited to, smoke, charred paper, paper, dust, grime, carbon, noxious acids, fumes, gases, odors, particulate matter, emissions that endanger human health, cause damage to vegetation or property, or cause soiling, vibration or above ambient noise levels, which are detectable on neighboring properties shall not be permitted.
(4)
As part of the application process, facilities proposing to processing any construction and demolition debris shall prepare a protocol for the handling of hazardous waste such as, but not limited to oil, batteries, solvents, asbestos and lead based products, as approved by the city. The protocol shall include detailed procedures for the screening and exclusion, identification, segregation, handling, storage, personnel training, emergency procedures and disposal of any hazardous waste. Prior to development and/or operation, a Hazardous Materials Management Plan (pursuant to Article 80, section 8001 of the 1994 Fire Code) shall be filed and approved by the City and County Department of Environmental Health;
(5)
Inspection and enforcement. To ensure compliance with the conditions detailed above, the facility and all necessary records shall be made available for review and inspection by the planning and/or engineering department as deemed necessary by the city. Any violations of these provisions or the conditions of approval of a facility may result in the modification or revocation of the permit. In addition, the violation of these provision or any condition of approval is unlawful and may be punished as provided in section 33-1313 of the zoning code.
(Zoning Code, Ch. 104, § 1040.40; Ord. No. 92-21, § 2, 6-10-92; Ord. No. 97-05, § 1, 4-2-97; Ord. No. 2008-22, § 5, 9-10-08)
§ 33-695 Building permit.
Prior to the construction or installation of any recycling facility, copies of site plans, building plans, elevation and circulation plans shall be submitted to the planning department for review and approval by the city for compliance with development standards in accordance with the filing instructions included with the plot plan review application. This article does not exempt any facility from obtaining building permits which may otherwise be required.
(Zoning Code, Ch. 104, § 1040.50; Ord. No. 97-05, § 1, 4-2-97)