This Chapter establishes the space allocation for recyclable and discard materials in public, institutional, commercial, industrial, and residential developments. The purpose of this Article is to assist the City in maintaining a 50 percent diversion rate, as mandated by the Integrated Waste Management Act of 1989 (AB 939).

(§ 5, Ord. 1085, eff. January 6, 2006)

This Chapter shall apply to each of the following:

A.

Any new development project for which a building permit is issued on or after September 1, 1994.

B.

Any improvements for areas of a public facility used for collecting and loading discards or recyclable commodities.

C.

Any existing development project for which a building permit is issued on or after September 1, 1994, for:

1.

Single or multiple structural alterations that are subsequently performed that add 30 percent or more to the existing gross floor area of the development project;

2.

Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994, a building permit for single or multiple alterations that are conducted within a 12-month period which collectively add 30 percent or more to the existing floor area of the portion of the project which the tenant leases.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

The City recognizes the existence of hardships because of existing improvements that may interfere with siting required discards and recyclable materials collection areas. Therefore, exemptions to this Chapter may be granted provided the Director determines that a minimum amount of space has been provided for collection of recyclable discards generated on-site to protect public health, safety and welfare. A minimum amount of space is defined as that which is allotted to accommodate a typical bin of 42 inches wide, 60 inches high, and 75 inches long, with a vertical clearance of 110 inches.

B.

The Director may also grant an exemption to this Chapter when use of the proposed development will not generate a minimum of one, bi-weekly three-cubic yard bin collection of recyclable material to necessitate the amount of space required by this Chapter or when insufficient space is available to site new enclosures in existing development projects.

C.

A proposed project utilizing residential curbside pickup for the collection of recyclable discards shall be automatically exempt from the requirements of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006)

Definitions of the specialized terms and phrases used in this Chapter may be found in Article 8 (Glossary).

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Space allocation requirements. The following space allocation requirements shall apply to all development projects subject to this Chapter:

TABLE 3-8 - MINIMUM SPACE REQUIREMENTS FOR RECYCLING AND DISCARDS CONTAINERS

Note: A project with at least 2 acre of landscaping shall provide space for at least one additional bin for compostable material.

B.

Storage within a building. Bin storage within a building shall comply with applicable Fire Code requirements.

C.

Enclosure requirements.

1.

Existing development. If an existing development has sufficient space within the enclosures to reasonably accommodate recycling bins, the required bins shall be located within enclosures. If the existing development does not have sufficient space within enclosures or sufficient enclosures in compliance with Subsection A, any additionally required bins may be located outside an enclosure or adjacent to the areas used for collection of discards.

2.

Proposed development. In cases where space allocation for collection of recyclable materials required by this Chapter anticipates use of a bin, the space shall be allocated inside an enclosure or enclosures. Each enclosure shall have four sides, one of which includes a solid decorative opaque gate, unless bins are stored within a building.

D.

Limitations on enclosure location.

1.

Each enclosure within a multi-family residential, commercial, or industrial project shall be no further than 250 feet from the nearest point of each unit being served by that bin.

2.

An enclosure shall not be located in any required parking space, landscape, or setback area, or in an alleyway or other publicly owned right-of-way, where it may disrupt circulation patterns.

3.

An enclosure shall have minimal visual impact by being located in such a manner as to not be visible from a street.

4.

The location of collection bins and their enclosures shall be shown on the site plan of all preliminary and final plan drawings submitted by the applicant to the City.

E.

Enclosure design, materials and construction. Each bin enclosure shall comply with the following standards.

1.

Floor slab.

a.

Each enclosure shall be built on a concrete slab consisting of five-inch aggregate base material and six-inch Portland cement paving. Within the enclosure, the slab shall have a level surface (no slope) where rollout bins are used.

b.

A minimum four-foot wide, six-inch thick concrete apron shall be constructed along the entire width of the enclosure doorway in front of each enclosure. The concrete apron in front of any enclosure shall be less than a two percent slope away from the enclosure.

2.

Walls. The walls of a bin enclosure shall be at least six feet high as measured from the point of highest grade. Walls shall be constructed of solid masonry with decorative exterior surface finish compatible with any required perimeter walls or the main structure.

3.

Opening and gate.

a.

Each enclosure shall have a gate or gates and shall be designed with cane bolts to secure each gate when in the open position. An enclosure gate shall swing outward or slide parallel to a side wall with safe, unobstructed clearance if possible. An enclosure gate shall not open toward any public right-of-way.

b.

The access opening to an enclosure shall be at least 84 inches wide. This requirement applies to the amount of space exposed when the gate is fully opened.

4.

Curbing. To prevent damage to the interior wall of the enclosure, six-inch raised concrete curbing shall be installed abutting the inside perimeter of the wall.

5.

Access and convenience. Each enclosure shall be designed to allow convenient access by walk-up tenants through openings in enclosure walls, without having to open the main enclosure gate. Where required by law, each enclosure shall be designed in a manner that complies with the equal access requirements of Title 24 and the Americans with Disabilities Act (ADA).

6.

Roof. Each enclosure shall include a roof or trellis which will be designed to preclude trash from being blown out of the bins.

7.

Other laws. The design, location and construction of bin enclosures shall not conflict with any applicable Federal, State, or local laws relating to fire, building, access, transportation, circulation or public safety.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021)

A.

Arrangements for discards or recyclable commodities collection. The property owner, manager, tenant, or appropriate agent of the owner shall arrange for the pickup of discards or recyclable commodities. Space allocated for collection, if not fully utilized, shall continue to be preserved for that purpose in case a future use of the site requires additional bins or containers.

B.

Interior systems. Each proposed project shall include recycling space or systems within each unit, rental space or leased area. Recycling chutes, if they are used, should be fire-proof, cleanable and secure.

C.

Interior access. A multi-story building shall be designed to provide space for discard collection on each floor, in addition to a main collection area on the site accessible for pickup of discards or recyclable commodities.

D.

Education. In multi-family projects, at the time a lease or rental agreement is signed, the manager or homeowner's association representative, or other appropriate agent of the owners of each unit that is subject to this Chapter shall inform all new tenants of the availability of recycling, the location of the recycling collection sites, and the materials that may be recycled.

E.

Mixed use projects. When mixed commercial and residential land uses are allowed on one site, commercial space allocation shall apply to commercial portions of the site, and residential criteria shall apply to the residential portions of the site. When residential and commercial uses are combined in the same structure, residential space allocation requirements shall be applied.

(§ 5, Ord. 1085, eff. January 6, 2006)

Only Non-profit Organizations that are Eligible Organizations may solicit or sell donations of Salvageable Personal Property and shall be exempt from the provisions of this Chapter provided the following conditions are met:

A.

Location and Site Requirements. The Collection Box for the collection of the Salvageable Personal Property shall be located only within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box. The box shall be located within the building or adjacent to the non-profit's building in a manner that is screened from view from adjacent properties and public rights-of-way by fencing, landscaping, and/or building walls. Boxes shall be monitored and maintained free of materials outside of the box. A box shall not obstruct any pedestrian or vehicular way or any required parking spaces.

B.

It shall be unlawful for any Eligible Organization to solicit, contract with or otherwise engage any independent contractor or Commercial Fundraiser to perform the work of soliciting donations or the selling of Salvageable Personal Property. All soliciting shall be done by the officers of the Eligible Organization or agents appointed by or under the authority of those officers. For the purposes of this section, a Commercial Fundraiser shall be classified as a for-profit organization.

C.

Container design, materials, and labeling. Each Collection box shall be constructed of a uniform material, be a uniform color, and be painted as often as is necessary to remain aesthetically attractive. The front of each Collection Box shall conspicuously display:

(1)

The name, address, telephone number, and, if available, the Internet Web address of the owner and operator of the Collection Box.

(2)

A statement, in at least two-inch type face, that reads: "This Collection Box is owned and operated by a non-profit organization."

(3)

A statement describing the charitable cause that will benefit from the donations.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (Exh. A), Ord. No. 1213, eff. June 6, 2013)

A.

Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recyclable materials (i.e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property.

B.

Permit requirement.

1.

A small collection facility may be approved by the Director for an initial time period deemed reasonable by the Director in compliance with the provisions for approving staff administrative actions in Section 9-52.030.

2.

A collection facility that does not fit within the definition of "small collection facilities" in Article 8 (Glossary) shall be processed in compliance with the criteria below and the procedures in Chapter 9-52 (Permit Review, Approval, Disapproval, or Modification).

C.

Criteria.

1.

The shopping center shall designate a "Recycle Collection Area" (RCA) for all recyclable material bins or containers. All trailers, bins and igloos shall be located within the RCA.

2.

The RCA in a shopping center existing on October 27, 1994 shall utilize existing landscaping to the maximum extent possible to enhance screening of the collection facility.

3.

Any bins or containers for recyclable materials shall be located clear of any driveways and/or entries.

4.

A clean bin shall be available for deposits of recyclable material to ensure that the area is maintained in a clean and neat manner when the main container is left unattended.

5.

The Recycle Collection Area in shopping centers built or remodeled (by an approved Commission-granted development permit) after October 27, 1994, shall consist of a concrete pad surrounded on three sides by concrete curbing with planters a minimum of six feet wide.

6.

Recycling-for-profit shall not occur on lots containing less than 100 parking spaces.

7.

In a shopping center built or remodeled in compliance with Section 9-40.040, six-foot high walls as measured from the point of highest grade shall be constructed behind any planter on sides visible to the street to further enhance screening of the facility. The walls shall be constructed of solid masonry with a decorative exterior surface finish compatible with any required perimeter walls or the main structures of the commercial/industrial complex.

8.

Signing shall be permitted in accordance with the criteria for "non-street frontage" for collection facilities (one-half square foot of signing per linear foot of facility).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (Exh. A), Ord. No. 1213, eff. June 6, 2013)

A.

Any violation or failure to comply with any of the provisions of this Chapter shall constitute sufficient grounds for refusal of a Certificate of Occupancy.

B.

Any violation or failure to comply with any of the provisions of this Chapter after the issuance of a Certificate of Occupancy shall be deemed a nuisance/violation and shall be punishable as set forth in Chapter 9-78 (Enforcement).

C.

The City may seek legal, injunctive or other equitable relief to enforce this Chapter.

D.

The remedies and penalties provided in this Chapter are cumulative and not exclusive.

(§ 5, Ord. 1085, eff. January 6, 2006)