The city council finds that:
A. 
The adoption of this chapter, regulating the location and activities of all recycling facilities by conditional use permit, is consistent with the goals and policies of the city general plan, in that the city recognizes the California Beverage Container Recycling and Litter Reduction Act, Assembly Bill 2020, adopted by the California Legislature in September, 1986, to encourage a greater amount of recycling by beverage consumers and a reduction in the amount of container litter in California, and that certain methods of regulating are more appropriate and consistent with the design and aesthetic objectives of the city;
B. 
This chapter makes redemption and recycling of reusable materials convenient to the consumer, thereby reducing litter and increasing the recycling of reusable materials, and regulates the location and activities of recycling facilities through the adoption of a comprehensive and easily understood program of permitting and regulating such uses; and
C. 
This chapter is not intended to be detrimental to the health, safety and welfare of surrounding residents, the character of the existing neighborhoods or the community as a whole, in that the conditional use permit process provides the city with adequate discretionary control and specific requirements, such as compliance with noise standards and proximity to residential districts.
(Ord. 1354 § 1, 1988)
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent from the context that they have a different meaning:
"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.
"Recyclable material"
means material that is reusable, 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, 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.
"Recycling facility"
means a center for the collection and/or processing of recyclable materials. 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:
1. 
Collection Facility. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 9.22.060. Collection facilities may include the following:
a. 
Reverse vending machine(s);
b. 
Small collection facilities which occupy an area of not more than 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 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 500 square feet and may include permanent structures.
2. 
Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of materials 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 occupying an area of under 45,000 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;
b. 
A heavy processing facility is any processing facility other than a light processing facility.
"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 vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.
(Ord. 1354 § 1, 1988)
No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in Table 9.22.030. In addition, recycling facilities may also be allowed in planned unit developments (PUDs) which allow uses that are conditionally permitted in the commercial or industrial zoning districts listed in Table 9.22.030, and provided that the applicable permits are obtained pursuant to the requirements set forth in Table 9.22.030.
Table 9.22.030
Permits Required for Recycling Facilities by Zoning District
The types of recycling facilities listed below shall require the following permits in the commercial and industrial zoning districts, where the symbol "C" for conditional use permit, or "TC" for temporary conditional use permit appears in the column beneath the zoning districts:
Type of Facility
Zoning District
CR(m)
CR(p)
CN
CC
CS
CF
IP
IG
Recycling collection facility, small*
TC
TC
TC
TC
TC
TC
TC
 
Recycling collection facility, large
 
 
 
 
 
 
C
C
Recycling processing facility, small
 
 
 
 
 
 
 
C
Recycling processing facility, large
 
 
 
 
 
 
 
C
Note:
*
Reverse vending machines are included in the category of small collection facilities.
Any action of the zoning administrator may be appealed to the planning commission by any affected party pursuant to the requirements of Chapter 18.144.
(Ord. 1354 § 1, 1988; Ord. 2155 § 3, 2017)
A. 
Large collection and processing facilities may be allowed in the zoning districts shown in Table 9.22.030 upon the granting of a conditional use permit pursuant to the requirements of Chapter 18.124.
B. 
Reverse vending machines and small collection facilities may be allowed in the zoning districts shown in Table 9.22.030 upon the granting of a temporary conditional use permit by the zoning administrator pursuant to the requirements of Section 18.124.175.
1. 
Application to install a reverse vending machine(s) or a small collection facility shall be made with the zoning administrator, including any fee established heretofore, and shall include a site plan, elevations, and such other information as established in Section 9.22.060 and determined as necessary by the zoning administrator to enable the application to be reviewed.
2. 
The zoning administrator will review the application for conformance with Section 9.22.060 and may approve, conditionally approve or deny the application. No application shall be approved, as applied for or conditioned, unless the zoning administrator finds that:
a. 
The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located;
b. 
The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity; and
c. 
That the proposed conditional use will comply with each of the applicable provisions of Chapter 18.124.
3. 
Temporary conditional use permits for recycling facilities are valid for a period of 12 months from the date of approval and may be renewed prior to expiration upon the submittal of a new application and fee to the zoning administrator, who will review the application for continuing compliance with the purposes of this chapter.
(Ord. 1354 § 1, 1988; Ord. 2155 § 3, 2017)
Prior to the installation of any recycling facility, the applicant must submit plans to the building division and obtain approval for any permits required.
(Ord. 1354 § 1, 1988; Ord. 2000 § 1, 2009)
A. 
Those recycling facilities permitted with a temporary conditional use permit shall meet all of the applicable criteria and design standards listed in this section. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards of this section, provided that the community development director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon making a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this chapter.
B. 
The criteria and design standards for recycling facilities are as follows:
1. 
Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in those zoning districts listed in Table 9.22.030 with a temporary conditional use permit provided that they comply with 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;
b. 
Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
c. 
Shall not occupy parking spaces required by the primary use;
d. 
Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
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 or poorly maintained;
g. 
Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions;
h. 
Shall be maintained in a clean, litter-free condition on a daily basis;
i. 
Shall include provisions for the donation of materials outside the hours of operation in order to prevent materials from being abandoned on the site; said provisions shall include posting of appropriate signs, provision of an unmanned drop bin, or other suitable measures as determined necessary by the zoning administrator;
j. 
Shall maintain operating hours that are at minimum the same as those of the host use; and
k. 
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
2. 
Small Collection Facilities. Small collection facilities may be sited in those zoning districts listed in Table 9.22.030 with a temporary conditional use permit provided that they comply with 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;
b. 
Shall be no larger than 500 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;
c. 
Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;
d. 
Shall be screened from view from the public right-of-way by operating in an enclosed building or within an area enclosed on three sides by a permanent fence or wall six feet in height (or the maximum height of the facility, whichever is greater) with landscaping, unless located in such a way that the facility is not visible from beyond the property boundaries; the screening requirement may be satisfied through portable screening which meets the approval of the zoning administrator if the recycler or supermarket is unable to secure the cooperation of the landlord or property owner;
e. 
Shall observe the setback and landscape requirements for the zoning district in which the facility is located;
f. 
Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with the authorization of the city's hazardous materials specialist;
g. 
Shall use no power-driven processing equipment except for reverse vending machines;
h. 
Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected based on the collection schedule;
i. 
Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when an attendant is not present;
j. 
Shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
k. 
Shall include provisions for the donation of materials outside the hours of operation in order to prevent materials from being abandoned on the site; said provisions shall include posting of appropriate signs, provision of an unmanned drop bin, or other suitable measures as determined necessary by the zoning administrator;
l. 
Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property (otherwise, shall not exceed 70 dBA);
m. 
Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only between the hours of nine a.m. and seven p.m.;
n. 
Containers for the 24-hour donation of materials shall be at least 30 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;
o. 
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 material shall be left outside the recycling enclosure or containers;
p. 
Signs may be provided as follows:
i. 
Recycling containers may have identification signs with a maximum of 20 percent of the surface area of the container that is visible from outside the facility, or 16 square feet, whichever is smaller, in addition to informational signs required in paragraph k above; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container,
ii. 
A recycling center (i.e., a mobile bin or cluster of igloos surrounded by a fence, wall or screen) may have a maximum of two wall-mounted identification signs; said signs shall not exceed six square feet per sign and shall bear no advertising message; at least one sign shall face a public street (if applicable), while one sign may be a single-faced, low-rise freestanding sign which identifies the interior or service side of the facility,
iii. 
Signs must be consistent with the character of the location,
iv. 
Directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,
v. 
The zoning administrator may authorize increases in the number and size of signs upon making findings that it is compatible with adjacent businesses, and
vi. 
All signs for small collection facilities shall be subject to administrative design review and approval by the zoning administrator pursuant to the requirements of Section 18.20.060;
q. 
The facility shall not impair the landscaping required by the code or by specific approved development plans for any concurrent use on the site;
r. 
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 applicable;
s. 
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;
t. 
Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
i. 
The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,
ii. 
A parking study shows that the existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and
iii. 
The permit will be reconsidered at the end of 18 months;
iv. 
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
(A) 
For a commercial host use:
Number of Available Parking Spaces
Maximum Reduction
0-25
0
26-35
1
36-49
3
50-99
4
100 +
5
(B) 
For a community facility host use, a maximum of five spaces reduction will be allowed when not in conflict with the parking needs of the host use; and
u. 
If the temporary conditional use permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration, and the site shall be returned to its former condition.
3. 
Large Collection Facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in those zoning districts shown in Table 9.22.030 with a conditional use permit, provided that the facility meets the following standards:
a. 
Facility does not abut a property zoned or planned for residential use;
b. 
Facility will be screened from the public right-of-way by operating in an enclosed building or:
1. 
Within an area enclosed on all sides by an opaque fence or wall at least six feet in height (or the maximum height of the facility, whichever is greater) with landscaping, unless located in such a way that the facility is not visible from beyond the property boundaries,
2. 
Located at least 150 feet from property zoned or planned for residential use, and
3. 
Meets all applicable noise standards in this chapter;
c. 
Setbacks and landscape requirements shall be those of the zoning district in which the facility is located;
d. 
All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable materials. Oil storage must be in containers approved by the city hazardous materials specialist. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
e. 
Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
f. 
Space will 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 above six is compatible with surrounding business and public safety;
g. 
One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for the zoning district in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary, such as when employees are transported in a company vehicle to a work facility;
h. 
Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property;
i. 
If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m.;
j. 
Any containers provided for after-hours donation of recyclable materials will be at least 50 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;
k. 
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;
l. 
Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zoning district, and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, in order to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; and
m. 
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 allowed by the planning commission as part of the conditional use permit review and approval process if noise and other conditions are met.
4. 
Recycling Processing Facilities. Large and small recycling processing facilities are permitted in the I-G (general industrial) zoning district with approval of a conditional use permit. Processing facilities must meet the following conditions:
a. 
Facility does not abut a property zoned or planned for residential use;
b. 
Processors will operate in a wholly enclosed building (except for incidental storage) or:
1. 
Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages, and
2. 
Located at least 150 feet from property zoned or planned for residential use;
c. 
Power-driven processing shall be permitted, provided that all noise level requirements are met. Small recycling processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;
d. 
A small recycling processing facility shall be no larger than 45,000 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;
e. 
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;
f. 
Setbacks and landscaping requirements shall be those of the I-G zoning district;
g. 
All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable materials. Oil storage must be in containers approved by the city hazardous materials specialist. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
h. 
Site shall be maintained free of litter 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;
i. 
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 10 customers or the peak load, whichever is higher, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and public safety;
j. 
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;
k. 
Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property;
l. 
If the facility is located within 500 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 open;
m. 
Any containers provided for after-hours donation of recyclable materials will be at least 50 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;
n. 
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;
o. 
Sign requirements shall be those of the I-G zoning district. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; and
p. 
No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.
(Ord. 1354 § 1, 1988; Ord. 2000 § 1, 2009; Ord. 2155 § 3, 2017)