A.

The city council finds that the redemption and recycling of reusable materials should be convenient to the consumer in order to reduce litter and the amount of solid waste, and to promote the conservation of recyclable materials within the city.

B.

The intent of this chapter is to encourage the provision of recycling services by adopting a comprehensive program for the permitting and regulating of such uses.

C.

The purpose of this chapter is to establish design guidelines and operating standards and procedures for the permitting of recycling facilities in order to implement the California Beverage Container Recycling and Litter Reduction Act and also to protect the surrounding properties from impacts related to the operation of such recycling facilities.

(Ord. 1161 § 1 (part), 1992)

For the purpose of this chapter the following definitions shall apply:

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.

B.

"Collection facility" is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not include the use of power-driven processing equipment except as indicated in Section 18.108.040. Collection facilities may include the following:

1.

Reverse vending machine(s);

2.

Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

a.

A mobile recycling unit,

b.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet,

c.

Kiosk type units which may include permanent structures,

d.

Unattended containers placed for the donation of recyclable materials;

3.

Large collection facilities which occupy an area of more than five hundred square feet and are located on a separate property not appurtenant to a host use, and which may have permanent structures.

C.

"Convenience zone" means any geographic area within one-half mile radius of a supermarket designated by the California Department of Conservation are requiring the presence of one or more recycling facilities, mobile recycling units, or reverse vending machines pursuant to the California Beverage Container Recycling and Litter Reduction Act.

D.

"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 unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

E.

"Processing facility" means a building or enclosed space for the collection and processing of recyclable materials. "Processing" means the preparation of material for the efficient shipment, or to an end-user's specifications by such means as baking, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1.

A light processing facility occupies a site of no more than forty-five thousand square feet 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 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.

2.

A heavy processing facility is any processing facility other than a light processing facility.

F.

"Recyclable material" means 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 used motor oil collected and transported in accordance with Section 25250. 11 and 25143.2(b)(4) of the California Health and Safety Code.

G.

"Recycling facility," for purposes of this chapter, means a center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or industrial/manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

H.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types 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 not less than the container's redemption 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 to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse machine that is larger than fifty square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

(Ord. 1161 § 1 (part), 1992)

Recycling facilities may be located and operated in commercial and industrial zoning districts in conformance with the applicable development standards as set forth in Section 18.108.040 as follows:

A.

Reverse vending machines located entirely within a building do not require city review or approval. Reverse vending machines not including bulk reverse vending machines used in conjunction with a commercial use may be located outside a building in the C-1, C-1A, C-2 and C-3 zones with approval of the director of development services.

B.

Small collection facilities and bulk reverse vending machines may be permitted in the C-1, C-1A, C-2, C-3, M-1 and M-2 zones with planning commission approval of a conditional development permit.

C.

Large collection facilities may be permitted in the C-3, M-1 and M-2 zones with planning commission approval of a conditional development permit.

D.

Light processing facilities may be permitted in the M-1 and M-2 zones with planning commission approval of a conditional development permit.

E.

Heavy processing facilities may be permitted in the M-2 zone with planning commission approval of a conditional development permit.

(Ord. 1234 (part), 1995: Ord. 1161 § 1 (part), 1992)

Reverse vending machines permitted with administrative approval by the planning director shall meet all of the applicable criteria and standards listed in this section. Those recycling facilities permitted with a conditional development permit shall meet the applicable criteria and standards, provided that the planning commission may relax such standards or impose stricter 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 section and the intent and purpose of this chapter. The criteria and standards for recycling facilities are as follows:

A.

Nonbulk reverse vending machines located outside of the host business:

1.

A maximum of three machines may be established in conjunction with a host business which is in compliance with the zoning requirements and the building and fire codes of the city;

2.

The machine(s) shall be located within thirty feet of the entrance of the host business and shall not obstruct pedestrian or vehicular circulation;

3.

The machine(s) shall not occupy any parking spaces required by the host business;

4.

The machine(s) shall occupy no more than fifty square feet of floor area per installation including any protective enclosure, and shall be no more than a total of eight feet in height;

5.

Each machine shall be constructed and maintained with durable waterproof and rustproof materials;

6.

Each machine 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.

The maximum sign area shall be four square feet per machine, exclusive of operating instructions, and all signs shall be attached to the machine;

8.

Each installation shall be maintained in a clean and litter-free condition on a daily basis;

9.

The operating hours of each machine shall be at a minimum the operating hours of the host use;

10.

The installation shall be adequately illuminated to ensure comfortable and safe operation if the operating hours are between dusk and dawn.

B.

Small collection facilities and bulk reverse vending machines:

1.

The facility shall be established in conjunction with an existing commercial use located on a minimum two acre site and which is in compliance with the zoning requirements and the building and fire codes of the city;

2.

The size of the facility shall be no larger than five hundred square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the commercial uses on site, not shall the facility impair any required landscaped areas;

3.

The facility shall be setback a minimum of fifty feet from any street right-of-way and a minimum of fifty feet from any residentially zoned land or structures, and shall not obstruct pedestrian or vehicular circulation on the commercial site;

4.

Recycling facilities which are operated by an on-site attendant and located within one hundred feet of a property zoned or occupied for residential uses shall operate only during the hours of nine a.m. to seven p.m.;

5.

Each facility shall be screened from the public right-of-way by being located:

a.

Within a completely enclosed building, or

b.

On a portion of the site for the host commercial use which is not in view from any public street right-of-way, or

C.

Within an area screened along the sides and rear by decorative masonry walls at least six feet in height and with a landscaped planter having an interior dimension of at least three feet in width;

6.

The collection of materials shall be limited to glass, aluminum, plastic containers, papers and reusable household items. With the exception for reverse vending machines, there shall be no power-driven processing equipment used at the facility, such as crushers or bailers;

7.

The facility shall be provided with containers that are constructed and maintained with durable waterproof and rustproof materials, covered when site is not attended, secured from unauthorized entry or removal of material, and are of a capacity sufficient to accommodate the materials collected and the collection schedule;

8.

All recyclable materials shall be stored in containers or within the mobile unit vehicle, and shall not be left outside of containers when the attendant is not present. The facility shall be maintained in a clean, safe and sanitary condition and kept free of litter, loose debris and pests on a daily basis;

9.

Noise levels generated by the facility shall not exceed sixty dBA as measured at the property line of a residentially zoned or occupied property, otherwise noise levels shall not exceed seventy dBA;

10.

Signs may be provided as follows:

a.

Containers shall be clearly marked to identify the type of material which may be deposited, shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers,

b.

In addition to the signs in subparagraph a of this subdivision, identification signs are permitted having a maximum sign area of twenty percent or sixteen square feet, whichever is larger. The color and design of the identification signs must be consistent with the character of the neighboring commercial development,

c.

Directional signs, bearing no advertisement message, may be installed with the approval of the director of development services if necessary and desirable to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,

11.

The operator shall provide a quarterly report to the city engineer identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939);

12.

The placement and operation of the small collection facility shall be approved for a maximum one-year period in conjunction with the issuance of the business license. Prior to renewal of the business license in January of each year, the planning commission will review the approved facility during the preceding month of November to determine if the operator has complied with all conditions of approval of the conditional development permit. Renewal of the business license will be subject to approval of the planning commission. If the permit expires without renewal, the collection facility shall be removed from the site within seven days following permit expiration and the operator shall restore the site to its existing condition prior to the placement of the facility.

C.

Large Collection Facilities.

1.

The facilities for the collection of recyclable materials shall be located a minimum of one hundred fifty feet from any property zoned or planned for residential use. 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 hours of seven p.m. and seven a.m.;

2.

The facility and all storage areas shall be screened from the public right-of-way by being located:

a.

Within a completely enclosed building; or

b.

Within an area enclosed by decorative masonry walls and gates at least six feet in height and separated from any adjacent public right-of-way by a landscaped area a minimum twenty-five feet in width;

3.

All exterior storage of materials shall be baled, palletized or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and enclosed storage containers, will be visible above the height of the masonry wall enclosure;

4.

Any containers provided for after-hours donation of recyclable materials shall be constructed and maintained with durable waterproof and rustproof materials, and have a capacity sufficient to accommodate the materials collected, and shall be secure from unauthorized entry or removal of materials. Donation areas will be kept free of litter and any undesirable material, and the containers must 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;

5.

The site shall be maintained free of litter and any other undesirable materials, and must be cleaned of loose debris on a daily basis;

6.

Space shall 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 planning commission determines that allowing overflow traffic is compatible with surrounding businesses and provides for public safety;

7.

One on-site parking space shall be provided for each employee and each commercial vehicle operated by the recycling facility. The parking requirements for employees may be reduced by the planning commission when it can be determined that employees are transported to the facility in a company vehicle;

8.

Signs for the facility shall conform with the sign requirements for the zone as set forth in Chapter 18.102 (Regulation of Signs and Advertising Structures) and include the name and phone number of the facility operator and hours of operation;

9.

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 by the planning commission if noise and other conditions are met. Noise levels generated by the facility shall not exceed sixty dBA as measured at the property line of a residentially zoned or occupied property, otherwise noise levels shall not exceed seventy dBA;

10.

The operator shall provide a quarterly report to the director of public works identifying the type and amount of materials recycled by the facility during the quarter which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939).

D.

Processing Facilities.

1.

The site for either a light or heavy processing facility shall be located a minimum of one hundred fifty feet from any property zoned or planned for residential use. 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 hours of seven p.m. and seven a.m.

2.

In the M-l zone a light processing facility shall be operated within a completely enclosed building, except for exterior storage areas which shall be enclosed on all sides by decorative masonry walls and gates at least eight feet in height and separated from any adjacent public right-of-way by a landscaped area a minimum twenty-five feet in width;

3.

In the M-2 zone, a light or heavy processing facility may operate within an area enclosed by decorative masonry walls and gates at least eight feet in height and separated from any adjacent public right-of-way by a landscaped area at least twenty-five feet in width;

4.

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;

5.

All exterior storage of materials shall be baled, palletized or in sturdy containers 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 department. No storage, excluding truck trailers and enclosed storage containers, will be visible above the height of the masonry wall enclosure;

6.

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. 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;

7.

The site shall be maintained free of litter and any other undesirable materials, and must 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. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

8.

Space shall be provided on site for ten vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and provides for public safety;

9.

One on-site parking space shall be provided for each employee and each commercial vehicle operated by the recycling facility The parking requirements for employees may be reduced by the planning commission when it can be determined that employees are transported to the facility in a company vehicle;

10.

The site area for 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;

11.

Any containers provided for after-hours donation of recyclable materials shall be constructed and maintained with durable waterproof and rustproof materials, and have a capacity sufficient to accommodate the materials collected, and shall be secure form unauthorized entry or removal of materials. Donation areas will be kept free of litter and any undesirable material, and the containers must be clearly marked to identify the type of material that may be deposited. The facility shall be display a notice stating that no material shall be left outside the recycling containers;

12.

Signs for the facility shall conform with the sign requirements for the zone as set forth in Chapter 18.102 (Regulation of Signs and Advertising Structures) and include the name and phone number of the facility operator and hours of operation;

13.

The operator shall provide a quarterly report to the city engineer identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939)

(Ord. 1234 (part), 1995: Ord. 1161 § 1 (part), 1992)