All uses shall be subject to the general provisions and exceptions prescribed in Chapter 22.34 of this title.

(Ord. 1149 C.S. § I, part, 1990.)

This section establishes regulations governing recycling consistent with the requirements of Government Code Section 66787.6 and the California Beverage Container Recycling and Litter Reduction Act of 1986, Public Resources Section 14500, et seq.

(Ord. 1149 C.S. § I, part, 1990.)

A.

"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, but may include used motor oil collected and transported in accordance with the California Health and Safety Code.

B.

"Recycling Facility" is a center for the collection of recyclable materials.

1.

"Small recycling facilities" occupy less than 500 square feet and may include:

a.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

b.

Kiosk-type units;

c.

Unattended containers placed for the donation of recyclable materials.

2.

"Large recycling facilities" occupy more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, and Kiosk-type units.

3.

"Private on-site recycling facilities" are used solely by a business or other organization for purposes of recycling on-site generated materials; are not located within the public view and are not available for public use. Administrative design review shall be required for facilities not located within an enclosed structure.

C.

"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, including the bins, boxes, or containers transported by trucks, vans or trailers and used for the collection of recyclable materials. (Does not include vehicles used by the City's franchised recycler.)

D.

"Reverse vending machine" is an automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

1.

A single-feed revenue vending machine is designed to accept individual containers one at a time.

2.

A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

(Ord. 1149 C.S. § I (part), 1990.)

No person shall place or permit the placement, construction or operation of any recycling facility, including a reverse vending machine, recycling facility or processing facility, without first obtaining a permit pursuant to the Table presented below.

(Ord. 1149 C.S. § I (part), 1990.)

The Community Development Director may administratively approve a permit under the following conditions: applicant shall declare, under penalty of perjury, that a recycling use subject to an administrative permit is and at all times will be maintained to conform with each and every one of the applicable criteria and standards set forth in section 22.37.080 and has been referred to design review.

(Ord. 1149 C.S. § I (part), 1990.)

Appeals may be filed after any decision of the Community Development Director regarding the issuance or denial of an administrative permit. Appeals shall follow the procedure set forth in Section 22.34.060 of the Municipal Code.

(Ord. 1149 C.S. § I (part), 1990.)

Appeals of Planning Commission decisions shall follow established procedure set forth in Sections 22.34.070 and/or 22.40.100 of the Municipal Code.

(Ord. 1149 C.S. § I (part), 1990.)

Recycling facilities approved under an Administrative Permit shall meet all of the applicable criteria and standards listed below and are subject to design review. Recycling facilities permitted with a Conditional Use Permit shall meet the applicable criteria and standards listed below, provided that the Community Development Director, Planning Commission, or City Council, may modify such standards as an exercise of discretion, upon a finding that such modifications are reasonable and necessary in order to implement the general intent of this Part and the purposes of this Chapter. The criteria and standards for recycling facilities are as follows:

A.

Reverse Vending Machines:

1.

Shall only be established as an accessory use for which the primary use is in compliance with the zoning and building codes of the City of Martinez;

2.

Shall be located within 30 feet of the entrance of the business and shall not obstruct pedestrian or vehicular circulation;

3.

Shall be constructed and maintained with durable waterproof and rustproof material and shall be protected by a roof;

4.

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 person responsible if the machine is inoperative;

5.

Shall have a maximum sign area of four square feet per machine;

6.

Shall be limited to no more than three machines and one recycling center per business;

7.

Shall be no more than 50 cubic feet in bulk per machine and not more than 8 feet in height;

8.

Shall be compatible with adjacent residential uses and other businesses on the site;

9.

Shall be maintained in a dust-free, litter-free and spill-free condition on a daily basis.

B.

Recycling Facilities

1.

Shall only be established as an accessory use for which the primary use is in compliance with the zoning and building codes of the City of Martinez. The Community Development Director may consider an exception for the placement of newspaper bins or other recycling facilities operated in conjunction with a non-profit institution such as a school or church.

2.

Shall have containers constructed and maintained with durable, waterproof and rustproof material and shall be covered, secured and maintained in good condition;

3.

Shall have containers clearly marked to identify the type of recyclable or recyclables which may be deposited;

4.

Shall be clearly marked to identify the name and telephone number of the facility operator, the hours of operation and display a notice indicating that no materials shall be left outside the recycling enclosure or containers;

5.

Shall be maintained in a dust-free, litter-free and spill-free condition on a daily basis;

6.

Shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation;

7.

Shall be setback at least 20 feet from any street property line and 15 feet from a side or rear property line. The setbacks may be modified upon review and approval of the Planning Commission if there are mitigating circumstances, such as existing landscape screening, which meet the intent of this ordinance;

8.

Shall not reduce or impair the landscaping or parking spaces required for the site and uses in conformance with the Municipal Code or any permit issued thereto;

9.

Shall not include power-driven processing equipment except for bulk reverse vending machines;

10.

Shall conform to the following sign standards:

a.

Unattended container not over 50 cubic feet in bulk and not over 8 feet in height may have a maximum sign area of 20% of the surface of the side of the container or six square feet whichever is greater;

b.

Other containers or units may have one flat-mounted sign per side of container or wall of enclosure of 20% of the surface of the side or six square feet, whichever is greater;

11.

Shall have minimum average site illumination of ½ foot candle during business hours;

12.

Shall not be used at any time for collection of refuse or hazardous waste unless specifically approved by the Planning Commission;

13.

Shall operate attended facilities only during the hours of operation of the primary business;

14.

Shall conform to all development regulations for the zoning district of the property; for an attended facility, a minimum of one parking space per attendant shall be provided;

15.

Shall have an area clearly marked to prohibit other vehicular parking when mobile recycling facilities are used;

16.

Shall utilize design and colors which are compatible with other businesses on the site. Improvements which may be required to ensure compatibility, include but are not limited to landscaping, screening, trailer skirting and parking lot repairs;

17.

A large recycling facility may accept used motor oil for recycling from the generator in accordance with the California Health and Safety Code;

18.

Such other relevant facts as the Planning Commission and/or City Council may be determined prior to filing of an application, by resolution as advisable or necessary.

19.

Shall be appropriately screened as determined by the Community Development Director.

(Ord. 1149 C.S. § I (part), 1990.)

The criteria and standards provided herein shall be deemed conditions of approval for the appropriate type of recycling facility. It shall be unlawful to violate said criteria and standards and shall be grounds for revocation. Any permit may also be denied or revoked if it is found that the individual facility would be detrimental to the public health, safety and well being of the citizens of Martinez.

(Ord. 1149 C.S. § I (part), 1990.)

The operator and host business of any recycling facility shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials. Failure to remove such materials or refuse after notice by the City shall constitute grounds for permit revocation in accordance with Chapter 1.12 and 22.06.080 of the Municipal Code.

(Ord. 1149 C.S. § I (part), 1990.)

A non-conforming use which does not occupy a permanent structure and is accessory to a primary use shall be discontinued within 90 days from the effective date of this Title.

(Ord. 1149 C.S. § I (part), 1990.)

All recycling operators shall submit an annual report to the City Manager or his or her authorized representative on the amount, by category, of recycables collected.

(Ord. 1149 C.S. § I (part), 1990.)

Fees for this ordinance shall be set by City Council resolution.

(Ord. 1149 C.S. § I (part), 1990.)

Operators of recycling facilities shall obtain a City business license in accord with Title 5 of the Municipal Code.

(Ord. 1149 C.S. § I (part), 1990.)