The purpose of this chapter is to make to redemption and recycling of reusable material convenient to the customer in order to reduce litter and increase the recycling of reusable materials, and to encourage the provision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses, as required by the California Beverage Container Recycling and Litter Reduction Act (Ordinance 87-11-998).

Ord. 87-11-988 § 3 (part))

   For the purpose of carrying out the intent of this chapter, words, phrases and terms shall be deemed to have the meaning ascribed to them in this section; if not specifically defined in this section, words, phrases and terms in this chapter shall be deemed to have their normal and generally accepted meaning.

   A.   Beverage. Beer or other malt beverages, carbonated mineral and soda waters and similar carbonated soft drinks, and any other liquid identified in the California Beverage Container Recycling and Litter Reduction Act.

   B.   Beverage Container. "Beverage container" means the individual, separate bottle, can, jar, carton or other receptacle in which a beverage is sold and which is constructed of glass, aluminum, plastic, steel or other material in which beverage manufacturers may choose to package their products. The term "beverage container" does not include cups or other similar open or loosely sealed receptacles.

   C.   Collection Facility. "Collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. A collection facility may include reverse vending machines and other small collection facilities which occupy an area of not more than five hundred square feet such as: mobile collection facilities, kiosk type units which may include permanent structures, and unattended containers placed for the donation of recyclable materials. There are also large collection facilities which occupy an area of more than five hundred square feet, or are on separate property not appurtenant to a host use, and which may include permanent structures.

   D.   Mobile Recycling Unit. "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. The term "mobile recycling unit" also includes the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

   E.   Processing Facility. "Processing facility" means a building or enclosed space 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, grinding, flattening, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities shall include the following:

   1.   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.

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

   F.   Recyclable Material. "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. The term "recyclable material" does not include refuse or hazardous materials, but may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

   G.   Recycling Facility. A "recycling facility" is a center for the collection and/or processing of recyclable materials. A certified recyling 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. The 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.

   H.   Reverse Vending Machines. A "reverse vending machine" is 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.

   A "bulk reverse vending machine" is a reverse vending 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. 87-11-988 § 3 (part))

   Those recycling facilities permitted by zoning, or permited with a conditional use permit, shall comply with applicable criteria and standards listed herein.

   A conditional use permit shall be issued in accordance with standards established in this section, as well as in accordance with Chapter 20.64 regarding uses subject to conditional use permits.

   In any convenience zone, no more than four recycling facilities shall be permitted. At least one recycling facility in every convenience zone must be a California-certified recycling facility.

   The criteria and standards for recyling facilities are as follows:

   A.   Reverse Vending Machines. Reverse vending machines do not require additional parking spaces for recycling customers. 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.

   Reverse vending machines are permitted in all commercial and industrial zones 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 not be sited in a location that is more than ten feet from a parking stall;

   3.   Shall not be located where, in the discretion of the director of planning, they tend to encourage illegal parking in a fire lane or in posted no parking areas;

   4.   Shall be located at least fifteen feet from the primary entrance and exit of the commercial structure, and shall not obstruct pedestrian or vehicular circulation;

   5.   Two or more machines shall be covered by a decorative roof or canopy, either free-standing or attached to the primary structure. Roof material, side enclosures and any enclosure trim shall be compatible with the architectural detail, materials and colors of the primary structure. All enclosures, including roofs, canopies and awnings must be approved by the director of planning and community development;

   Enclosures are not required when a reverse vending machine includes architectural features as part of its original design and construction which serve to mitigate negative visual impacts of the machines;

   6.   Shall not occupy parking spaces required by the primary use;

   7.   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;

   8.   Shall be constructed and maintained with durable waterproof and rustproof material;

   9.   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;

   10.   Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instruction;

   11.   Shall be maintained in a clean, litter-free condition on a daily basis. Violation of this provision shall be subject to the city's public nuisance provision, Chapter 8.12;

   12.   Operating hours shall be at least the operating hours of the primary use;

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

   14.   Outdoor storage of any kind is prohibited;

   15.   Shall be painted colors compatible with the building colors of the host facility;

   16.   One directional sign, not to exceed a total area of six square feet, may be posted at the main entrance to the commercial structure, at the discretion of the director of planning.

   B.   Small Collection Facilities. Small collection facilities may be sited in commercial general and commercial industrial zones and in all industrial zones provided that 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 required parking spaces, not including space that will be periodically needed for removal or exchange of containers;

   3.   Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;

   4.   Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official;

   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, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected under the 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, pests, vermin and any other undesirable materials. Mobile facilities, at which the truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day. Violation of this provision shall be subject to the city's public nuisance provision, Chapter 8.12;

   9.   Shall not exceed exterior noise levels of sixty dBA as measured at the property line of residentially zoned or occupied property, otherwise, shall not exceed seventy dBA. Noise levels are measured with a sound level meter by a certified acoustical engineer upon receipt of a complaint by the director of planning;

   10.   Containers for the donation of materials shall be at least one hundred feet from any property zoned or occupied for residential use and shall operate only during the hours between 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 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 shall display a notice stating that no materials shall be left outside the recycling enclosure or containers;

   13.   All signs must meet the criteria regulation and standards established in Chapter 20.58;

   14.   Placement of the facility shall not require removal of existing landscaping;

   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 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 use may not reduce available parking spaces below the minimum number required for the primary host 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 then be allowed if a recycling facility is installed as follows:

   For a commercial host use:

   For a community facility host use:

   A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use;

   18.   If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration;

   19.   Trucks, trailers or vans used for the collection of recyclable materials shall be parked where not visible from a major, secondary or secondary modified highway. This provision shall not apply to vehicles servicing collection facilities. All vehicles must be neat and clean in appearance. All signage on the vehicles must be approved by the director of planning and community development;

   20.   All bins, boxes or containers located outdoors shall be enclosed by a fence high enough to screen the collection containers from public view. Signs may be attached to or painted on the enclosure fence;

   21.   One directional sign, not to exceed a total area of six square feet, may be posted at the main entrance to the commercial structure, at the discretion of the director of planning.

   C.   Large Collection Facility. A large collection facility is permitted in all industrial zones with a conditional use permit, provided that the facility meets the following standards:

   1.   The facility shall not abut a property zoned or planned for residential use;

   2.   The facility shall operate in an enclosed building with outdoor storage prohibited;

   3.   Setbacks, height, lot coverage and landscape requirements shall be those provided for the zoning district in which the facility is located;

   4.   The site shall be maintained free of litter, pests, vermin and other undesirable materials at all times and shall be cleaned of loose debris on a daily basis;

   5.   Noise levels shall not exceed sixty dBA as measured at the property line of a residentially zoned property, or otherwise shall not exceed seventy dBA. Noise levels are measured with a sound level meter by a certified acoustical engineer upon receipt of a complaint by the director of planning;

   6.   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.;

   7.   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;

   8.   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. Violation of this provision shall be subject to the city's public nuisance provision, Chapter 8.12;

   9.   The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; and identification and informational signs will meet the standards of the zone in which the facility is located;

   10.   Power-driven processing, including aluminum foil and can compacting, bailing, plastic shredding or other light processing activities shall be prohibited;

   11.   Outdoor storage is prohibited.

   D.   Processing Facilities. A light processing facility as defined in Section 20.56.020 is permitted in light industrial and general industrial zones. Heavy processing facilities are permitted in general industrial zones only, subject to a conditional use permit.

   Processing facilities must meet the following conditions:

   1.   The facility shall 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, with outdoor storage prohibited;

   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 processing facility may accept used motor oil for recycling from the generator in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code;

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

   6.   The site shall be maintained free of litter, pests, vermin 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. Violation of this provision shall be subject to the city's public nuisance provision, Chapter 8.12;

   7.   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 or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding business and public safety;

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

   9.   Noise level shall not exceed sixty dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy dBA. Noise levels are measured with a sound level meter by a certified acoustical engineer upon receipt of a complaint by the director of planning;

   10.   If the facility is located within five hundred feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is opened;

   11.   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;

   12.   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;

   13.   Sign requirements shall be those provided for the zoning district 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;

   14.   No dust, fumes, smoke, vibration or odor above ambient levels may be detectable on neighboring properties.

(Ord. 87-11-988 § 3 (part))

   All development projects submitted for approval after the adoption of the ordinance codified in this chapter, if determined by the director of planning and community development as likely locations for reverse vending machines, shall incorporate into their plans possible locations for up to four vending machines.

(Ord. 87-11-988 § 3 (part))

   Where any of the provisions of this chapter conflict with any other provisions of this Title 20, this chapter shall apply.

(Ord. 87-11-988 § 3 (part))