The purpose of this chapter is to regulate the placement and installation of recycling facilities, reverse vending machines and mobile recycling units. In addition, this chapter implements Title 14, Division 2, Chapter 5 of the California Administrative Code, known as the California Beverage Container Recycling and Litter Reduction Act of 1987.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(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 title. Recycling facilities may be permitted as set forth in Section 17.40.250 of this chapter.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Recycling facilities are permitted as set forth in this section as follows:

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A single administrative permit may be granted by the planning director to allow more than one reverse vending machine(s) or small collection facility located on different sites under the following conditions:

A.

The operator of each of the proposed facilities is the same operator.

B.

The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity.

C.

All of the applicable criteria and standards set forth in this chapter are met for each such proposed facility.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Recycling facilities permitted with a site plan review shall meet all the applicable criteria and standards listed. Those recycling facilities permitted with a site plan review, or conditional use permit shall meet the applicable criteria and standards; provided, that the planning director, planning commission or town 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 chapter and the purposes of this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Reverse Vending Machine(s). Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial, community facilities/services and industrial zones following issuance of an administrative permit by the planning director; and provided, that they comply with the following standards:

1.

Established in conjunction with a commercial or community service facility which is in compliance with the zoning, building and fire codes of the town.

2.

Located within thirty (30) feet of the entrance to the established primary land use and shall not obstruct pedestrian or vehicular circulation. A greater distance can be approved by the planning director upon a finding that the greater distance will better serve the site.

3.

Shall not occupy parking spaces required by the primary use.

4.

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height.

5.

Constructed and maintained with durable waterproof and rustproof material.

6.

Clearly marked to identify the type of material to be deposited, operating instruction, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

7.

Shall have a maximum sign area of four (4) square feet per machine, exclusive of operating instructions.

8.

Shall be maintained in an operable and clean, litter-free condition on a daily basis.

9.

Operating hours shall be at least the operating hours of the host use.

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 the C-C, C-B, N-C, C-S, C-F and I-S zones following approval and issuance of an administrative permit by the planning director provided they comply with the following conditions:

1.

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 town.

2.

No larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

3.

Established in such a manner as not to obstruct pedestrian or vehicular circulation, nor create a sight distance problem as determined by the planning director.

4.

Shall accept only glass, metals, plastic containers, papers and reusable items.

5.

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

6.

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 material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

7.

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.

Maintained free of litter and any other undesirable materials; and mobile facilities, at which truck or containers are removed, shall be swept at the end of each collection day.

9.

Shall not exceed noise levels of sixty (60) dba as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dba.

10.

Attended facilities located within one hundred (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 for the twenty-four (24) hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use 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 (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in Section 17.40.500(B)(12); and in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

b.

Directional signs, having no advertising message, may be installed with the approval of the planning director if necessary to facilitate circulation, or if the facility is not visible from the public right-of-way.

14.

The facility shall not impair the landscaping required by local ordinances, by this title or any permit issued pursuant thereto for any concurrent land use.

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. Open space 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 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.

18.

A reduction in available parking spaces in an established parking facility may be allowed as follows:

a.

For a commercial host use:

b.

For a community facility host use: a maximum five (5) spaces reduction may be allowed when not in conflict with parking needs of the host use.

19.

If the permit has an expiration date and such a permit expires without renewal, the collection facility shall be removed from the site on the day following the permit expiration.

C.

Large Collection Facilities. A large collection facility is one that is generally larger than five hundred (500) 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 either the C-C or I-S zone with a site plan review, provided the facility meets the following standards:

1.

The facility location does not abut a property zoned or planned for residential use.

2.

The facility will be screened from the public right-of-way by operating in an enclosed building or:

a.

Within an area enclosed by an opaque fence at least six (6) feet in height and not exceeding eight (8) feet in height with landscaping;

b.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use; and

c.

Meets all applicable noise standards in this code.

3.

Setbacks and landscape requirements shall be those provided for the zoning district 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, as determined by the planning director. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

5.

The 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 a site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) 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 sixty (60) dba as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dba.

9.

If the facility is located within five hundred (500) feet of property zoned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

10.

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) 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.

11.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

12.

The 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 planning 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 at the discretion of the planning director if noise standards and other conditions are met.

D.

Processing Facilities. A light processing facility may be permitted in the community-commercial zone with a conditional use permit and in the industrial-services zone with a site plan review. Heavy processing may be allowed in the industrial-services zone with a conditional use permit. A processor must meet all the following conditions:

1.

The facility location does not abut a property zoned or planned for residential use.

2.

In the C-C or I-S zone, processors must operate in a wholly enclosed building except for incidental storage, or:

a.

Within an area enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped on all street frontages;

b.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use.

3.

Power-driven processing shall be permitted, provided all noise-level requirements are met as set forth in this code. 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 (45,000) square feet. It shall have no more than an average of two (2) outbound truck shipments of material per day and may shred, compact or bale ferrous metals other than food and beverage containers.

5.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

6.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, as determined by the planning director. Storage containers for flammable material shall be constructed of nonflammable material. No storage shall be visible above the height of the fencing, excepting truck trailers and overseas containers.

7.

The 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.

8.

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 shall be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

9.

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone in which the facility is located.

10.

Noise levels shall not exceed sixty (60) dba as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dba measured at the property line.

11.

If the facility is located within four hundred (400) feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

12.

Any containers provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; they shall be of sturdy, rustproof construction; they shall have sufficient capacity to accommodate materials collected; and they shall be secure from unauthorized entry or removal of materials.

13.

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. The facility shall display a notice stating that no material shall be left outside the recycling containers.

14.

Sign requirements shall be those provided for the district in which the facility is located. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

All decisions of the planning director made pursuant to this chapter may be appealed to the planning commission within seven (7) days of the decision.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)