The purposes of this chapter are to establish standards for
siting and operating recycling facilities to implement the California
Beverage Container Recycling And Litter Reduction Act, and to provide
a streamlined review and permit procedure to ensure that facilities
will operate in a manner that protects public safety and maintains
the aesthetic character of the community while encouraging recycling
activities.
(Ord. 87-O-135 § 1, 1987)
For the purpose of this chapter, certain terms used in this
chapter are defined as follows in this section:
(1) “Collection facility” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility shall not use power-driven processing equipment except as indicated in Section
23.41.040, criteria and standards. Collection facilities may include the following:
(A) Reverse vending machines;
(B) Small collection facilities which occupy an area of not more than
five hundred (500) square feet, and may include:
(ii)
Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than fifty (50) square feet,
(iii)
Kiosk-type units which may include permanent structures,
(iv)
Unattended containers placed for the donation of recyclable
materials;
(C) Large collection facilities which may occupy an area of more than
five hundred (500) square feet and may include permanent structures.
(2) “Mobile recycling unit” means a vehicle such as a truck,
van or trailer, 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 vehicles
such as trucks, vans or trailers, and used for the collection of recyclable
materials.
(3) “Processing facility” means a building or enclosed space
used for the collection and processing of food and beverage recycling
materials. Processing means the preparation of material for efficient
shipment, or to an end-user’s specifications, by such means
as baling, briquetting, compacting, flattening, grinding, crushing,
mechanical sorting, shredding, cleaning and remanufacturing. Processing
facilities include the following:
(A) A light processing facility occupies an area of under forty-five
thousand (45,000) square feet of gross collection, processing and
storage area and has up to an average of two (2) outbound truck shipments
per day. Light processing facilities are limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting or 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.
(B) A heavy processing facility is any processing facility other than
a light processing facility.
(4) “Recyclable material” means any material which is capable
of being diverted from disposal and then either reused, manufactured
back to its original form, or used in the manufacturing process of
a new product. Recyclable material may include used motor oil collected
and transported in accordance with California
Health and Safety Code.
(5) “Recycling facility” means a center for the collection
and/or processing of recyclable material. 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 of 1986. A 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.
Recycling facilities may include the following:
(6) “Reverse vending machine” means an automated mechanical
device which accepts at least one (1) 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” means a reverse vending
machine that is larger than fifty (50) square feet; is designed to
accept more than one (1) container at a time; and will pay by weight
instead of by container.
(Ord. 87-O-135 § 1, 1987; Ord. 93-O-116 § 2, 1993)
No person shall place, construct or operate any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section and pursuant to Section
23.41.040, criteria and standards. The table in subsection (1) of this section summarizes the types of recycling facilities permitted and the required zoning and permit procedure:
(1) Type of Facility
|
Zones Permitted
|
Licenses Required
|
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(A) Reverse vending machines
|
|
Business license for vending machine
|
Building and zoning compliance application.
|
(B) Small collection
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T-C, C-1, C-2, C-M, M; Other zones, when it is determined that
the host use is a community-related facility such as a school or church.
|
|
Business license;
|
Building and zoning compliance application.
|
(C) Large collection
|
C-M, M
|
Use permit; *Site development approval;
|
Business license;
|
Building and zoning compliance application.
|
(D) Light and heavy processing
|
M
|
Use permit; *Site development approval;
|
-Business license;
|
-Building and zoning compliance application.
|
(2) Recycling facilities or zoning districts not specifically
designated in this section may be permitted by the director of development
services, planning commission or city council, as the case may be,
upon determining that the facility or zoning district is of a similar
or compatible nature to those facilities and zoning districts listed
herein. Any necessary conditions of approval shall be included to
secure the purposes of this chapter.
(Ord. 87-O-135 § 1, 1987)
Recycling facilities permitted pursuant to Section
23.41.030 shall meet all of the applicable criteria and standards listed below, in addition to any modifications or conditions of approval that the director of development services, planning commission or city council may impose as an exercise of discretion upon a finding that such modifications or conditions are reasonably necessary in order to implement the general intent of this section and the purposes of this chapter. The criteria and standards for recycling facilities are as follows:
(1) Reserve Vending Machines. Reverse vending machines may be located
either inside or outside of a building subject to the following standards:
(A) 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 of Placentia;
(B) Shall be completely within the interior of the host use’s building
or located as closely as possible to an entrance and shall not obstruct
pedestrian circulation;
(C) Property owner’s approval shall be required;
(D) A Business License and Building and Zoning Compliance Application
shall be required;
(E) Shall be constructed and maintained with durable waterproof and rustproof
material;
(F) 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;
(G) Shall be maintained in a clean, litter-free, condition on a daily
basis;
(H) Operating hours shall be at least the operating hours of the host
use;
(I) Shall be certified by the State Department of Conservation.
(2) Small Collection Facilities. Small collection facilities may be permitted
in certain commercial, industrial and other zoning districts through
a special use permit procedure; provided, that the small collection
facility is in compliance with the following standards:
(A) Shall be established in conjunction with an existing commercial use
or community service facility which is in compliance with the zoning,
building and fire code of the city;
(B) Shall have an attendant present during all hours of operation. Upon
review of the proposed facility, the special use permit may include
a condition of approval that requires the facility to be certified
with the State Department of Conservation;
(C) Shall be 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.
The facility shall not impair any required landscape area;
(D) Shall be set back at least fifteen (15) feet from any street line
and shall not obstruct pedestrian or vehicular circulation;
(E) Shall be designed to be architecturally compatible with the property
and structures located on the subject site and where possible shall
be located near existing service-oriented spaces such as at rear of
buildings or near loading and trash collection areas;
(F) Shall use containers that are constructed and maintained with durable
waterproof and rustproof material, completely enclosed and covered,
secured from unauthorized entry or removal of material, and shall
be of a capacity sufficient to accommodate materials collected and
collection schedule;
(G) Shall accept only glass, metals, plastic containers, papers and reusable
items. Used motor oil may be accepted when collected and transported
in accordance with the California
Health and Safety Code and other
applicable regulations;
(H) Shall use no power-driven processing equipment;
(I) Shall store all recyclable material in containers or in a mobile
unit vehicle, and shall not leave materials outside of containers
when attendant is not present;
(J) Shall be maintained free of litter and any other undesirable materials,
and mobile facilities, at which a truck or containers are removed
at the end of each collection day, shall be swept at the end of each
collection day;
(K) Shall comply with the city noise control ordinance and 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. or the hours of the host use, whichever is the
more restrictive;
(L) 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;
(M) Signs shall be consistent with the city sign ordinance for the district
in which the facility is located and shall be consistent with the
architectural character of the location;
(N) 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.
(3) The application procedure for small collection facilities shall be
as follows:
(A) An application for a special use permit for a small collection recycling
facility shall be submitted to the planning division for the review
and approval of the director of development services.
(B) The application shall include plans, a statement of use, the latest
prescribed fee pursuant to Title 5 of this code and all other items
listed on the recycling facility submittal requirements on file with
the planning division.
(C) A decision date shall be set a minimum of twenty-one (21) calendar
days from the date of accepting the completed application.
(D) Not less than ten (10) calendar days prior to the decision date by
the director of development services, notice of the proposed use shall
be mailed to all property owners as shown on the last equalized assessment
roll within a one-hundred (100) foot radius of the exterior boundaries
of the subject property.
(E) A decision on the permit shall be made by the director of development
services without a hearing, unless one is requested by either the
applicant or other affected person. If so requested, the hearing would
be scheduled for the next available planning commission meeting.
(F) All decisions of the director of development services may be appealed
to the planning commission.
(4) Small Collection Facilities Located on Vacant Land. A small collection
facility may be established as an interim use on a vacant parcel of
land subject to planning commission review and approval of a use permit
and/or site development approval. In considering a small collection
facility proposed to be located on a vacant parcel, the planning commission
shall consider the following: impacts on adjacent residences and business;
operating hours; provisions for adequate off-street parking and safe
ingress and egress; impacts on city services; concentrations of similar
uses; and, any other items associated with a proposed facility which
may impact the community.
(5) Large Collection Facilities. Large collection facilities may be permitted
in “C-M,” commercial manufacturing and “M,”
manufacturing zoning districts subject to use permit approval (and
site development approval, where applicable). A large collection facility
may be required to be certified by the State Department of Conservation
and shall meet the following standards:
(A) The facility shall not abut or be located within one hundred fifty
(150) feet from property zoned or occupied for residential use.
(B) The facility shall be screened from the public right-of-way and shall
operate in a wholly enclosed building except for incidental outdoor
storage which shall be in compliance with the other storage provisions
of the zoning district in which the facility is located and with the
requirements of this chapter.
(C) The facility shall operate in compliance with the city noise control
ordinance.
(D) Minimum setback and landscape requirements shall be those provided
for the zoning district in which the facility is located.
(E) Outdoor storage that is incidental to the collection facility may
be permitted and shall be limited to only those materials and containers
that are approved for recycling. Materials shall be stored in sturdy
containers which are covered, secured and maintained in good condition.
Storage containers for combustible material shall be constructed of
noncombustible material. Acceptance of used motor oil and method of
storage shall be in accordance with the California Health and Safety
Code, and shall be in containers approved by Orange County fire department
and Orange County health department.
(F) The site shall be maintained free of litter and any other undesirable
materials and shall be cleaned of loose debris on a daily basis.
(G) The following minimum number of off-street parking spaces shall be
provided:
(i) Six (6) customer parking spaces (if facility is open to the public);
(ii)
One (1) parking space for each commercial vehicle operated by
the recycling facility;
(iii)
One (1) parking space for each employee;
(iv)
Upon review of the proposed facility, the planning commission
may require additional parking as a condition of use permit or site
development approval.
(H) 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.
(I) Any container provided for after-hours donation of recyclable materials
shall be of sturdy, rustproof construction, shall have sufficient
capacity to accommodate materials collected and shall be secure from
unauthorized entry or removal of material. Such containers shall be
safely and conveniently located and shall not impede required parking,
circulation, loading or be located in any landscape area.
(J) Donation areas shall be kept free of litter and any other undesirable
material and 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.
(K) The facility shall be clearly marked with the name and phone number
of the facility operator and the hours of operation; identification
and informational signs shall meet the standards of the zone; additional
directional signs bearing no advertising message may be installed
with the approval of the director of development services to further
facilitate the recycling operation.
(6) Processing Facilities. Light and heavy processing facilities may
be permitted in “M,” manufacturing zoning districts subject
to use permit approval (and site development approval, where applicable).
A processing facility may be required to be certified by the State
Department of Conservation and shall meet the following standards:
(A) The facility shall not abut or be located within one hundred fifty
(150) feet from property zoned or occupied for residential use.
(B) The facility shall be screened from the public right-of-way and shall
operate in a wholly enclosed building except for incidental outdoor
storage which shall be in compliance with the outdoor storage provisions
of the “M,” manufacturing zoning district and with the
requirements of this chapter.
(C) The facility shall operate in compliance with the city noise control
ordinance.
(D) Light processing facilities shall be limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting of source-separated
recyclable materials and repairing of reusable materials.
(E) A light processing facility shall be no larger than forty-five thousand
(45,000) square feet and shall have no more than an average of two
(2) outbound truck shipments of material per day and may not shred,
compact or bale ferrous metals other than food and beverage containers.
(F) Acceptance of used motor oil and method of storage shall be in accordance
with the California
Health and Safety Code, and shall be in containers
approved by Orange County fire department and Orange County health
department.
(G) Minimum setback and landscape requirements shall be in compliance
with the provisions of the “M,” manufacturing district.
(H) Outdoor storage that is incidental to the processing operation may
be permitted and shall be limited to only those materials and containers
that are approved for recycling and/or processing. Materials shall
be stored in sturdy containers which are covered, secured and maintained
in good condition. Storage containers for combustible material shall
be constructed of noncombustible material, and shall be approved by
Orange County fire department and Orange County health department.
(I) The site shall be maintained free of litter and any other undesirable
materials and shall be cleaned of loose debris on a daily basis and
shall be secured from unauthorized entry and removal of materials
when attendants are not present.
(J) The following minimum number of off-street parking spaces shall be
provided:
(i) Ten (10) customer parking spaces (if facility is open to the public);
(ii)
One (1) parking space for each commercial vehicle operated by
the facility;
(iii)
One (1) parking space for each employee;
(iv)
Upon review of the proposed facility, the planning commission
may require additional parking as a condition of use permit or site
development approval.
(K) 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. The facility shall be administered
by on-site personnel during the hours the facility is open.
(L) Any container provided for after-hours donation of recyclable materials
shall be of sturdy, rustproof construction, shall have sufficient
capacity to accommodate materials collected and shall be secure from
unauthorized entry or removal of material. Such containers shall be
safely and conveniently located and shall not impede required parking,
circulation, loading or be located in any landscaped area.
(M) Donation areas shall be kept free of litter and any other undesirable
material and 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.
(N) The facility shall be clearly marked with the name and phone number
of the facility operator and the hours of operation; identification
and informational signs shall meet the standards of the zone; additional
directional signs bearing no advertising message may be installed
with the approval of the director of development services to further
facilitate the recycling operation.
(Ord. 87-O-135 § 1, 1987; Ord. 88-O-119 § 3, 1988)