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:
(i) 
A mobile unit,
(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:
(A) 
Collection facilities as defined in Section 23.41.020(1);
(B) 
Processing facilities as defined in Section 23.41.020(3);
(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
(A) Reverse vending machines
All zones pursuant to Section 23.41.040(1)
Business license for vending machine
Building and zoning compliance application.
(B) Small collection
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.
Special use permit pursuant to Section 23.41.040(2);
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.
*
where applicable
(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)