"Recyclable material" means reusable material including, but
not limited to, metals, glass, plastic, cardboard, paper, and organic
waste (defined in Section 42649.8 of the
Public Resources Code), which
are intended for reuse, remanufacture or reconstitution for the purpose
of using the altered form. In addition, "recyclable material" is material
that is permitted to be recycled at a given site and facility. "Recyclable
material" does not include refuse or hazardous materials. "Recyclable
material" 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.
(Ord. NS-6 § 1, 1988; Ord. CS-312 § 1, 2017)
"Recycling collection facility" means a center for the acceptance
of recyclable materials. Unless otherwise indicated, such a facility
does not use power-driven processing equipment. A small recycling
collection facility is less than or equal to five hundred square feet.
A large recycling collection facility is greater than five hundred
square feet. A mobile recycling collection facility is an automobile,
truck, trailer or van licensed by the Department of Motor Vehicles
and other ancillary facilities permitted by the city which are used
for the collection of recyclable materials.
(Ord. NS-6 § 1, 1988)
A "recycling processing facility" means a building or enclosed
space used for the collection and processing of recyclable materials.
"Recycling processing" means the preparation of recyclable material
for efficient shipment, to an end-user's specifications, by such means
as baling, briquetting, compacting, flattening, grinding, crushing,
mechanical sorting, shredding or cleaning. A light recycling processing
facility occupies an area of under forty-five thousand square feet
of gross collection, processing and storage area and is limited to
two outbound truck shipments per day. Light recycling processing facilities
are limited to baling, briquetting, crushing, compacting, grinding,
shredding and sorting of source-separated recyclable materials. A
light recycling processing facility shall not shred, compact or bale
ferrous metals other than food and beverage containers. A heavy recycling
processing facility is any recycling processing facility other than
a light recycling processing facility.
(Ord. NS-6 § 1, 1988)
A "reverse vending machine (RVM)" means an automated mechanical
device which accepts one or more types of empty 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. An RVM
may sort and process containers mechanically; provided, that the entire
process is enclosed within the machine. A bulk RVM is an RVM that
is larger than fifty square feet, is designed to accept more than
one type of container at a time, and will pay by weight instead of
by individual container.
(Ord. NS-6 § 1, 1988)
Recycling collection facilities shall be allowed in commercial and industrial zones upon approval of a conditional use permit pursuant to Chapter
21.42 of this title, and subject to the following:
(a) Small recycling collection facilities:
(1) Shall be established in conjunction with an existing commercial use
or community service facility which complies with city codes, ordinances
and design standards;
(2) Shall be no larger than five hundred square feet;
(3) Shall meet all applicable development standards and shall not interfere
with pedestrian or vehicular movements;
(4) Shall accept only glass, metals, plastic containers, papers and reusable
items as allowed by the specific conditional use permit;
(5) Shall use no power driven processing equipment;
(6) Shall use attractive containers as approved by the City Planner that
are compatible with the site and surrounding area and are constructed
and maintained with durable waterproof and rustproof material. The
containers shall be covered when the site is not attended and be secure
from unauthorized entry or removal of material. The containers shall
be of a capacity sufficient to accommodate materials collected according
to an adopted collection schedule;
(7) Shall store all recyclable material in containers or in a mobile
recycling collection facility. Recyclable materials shall not be left
outside of containers or a mobile recycling collection facility when
an attendant is not present;
(8) Shall be maintained free of fluids, odors, litter, rubbish and any
other non-recyclable materials, and shall be swept and cleaned at
the end of each collection day;
(9) Noise levels shall comply with city ordinance and standards;
(10) Attended facilities located within one hundred feet of a property
planned, zoned or occupied for residential use shall operate only
during the hours between nine a.m. and seven p.m.;
(11) Containers for the twenty-four-hour collection of materials shall
be at least one hundred feet from any property zoned or occupied for
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 display a notice stating that no material shall
be left outside the recycling enclosure or containers;
(13) Signs shall be provided as follows:
(A)
Recycling facilities may have identification signs with a maximum
size of eight square feet. The signage shall include the recycling
logo provided by the city and shall indicate the location of other
small recycling collection facilities in Carlsbad,
(B)
Signs must be consistent with the positive characteristics of the location and conform to Chapter
21.41 and/or any adopted sign regulation on the site,
(C)
Directional signs, bearing only the recycling logo, may be installed
with approval of the conditional use permit if necessary to facilitate
efficient and desirable traffic circulation;
(14) The facility shall not impair required landscaping of the site;
(15) No additional recycling customer parking spaces will be required
for a small recycling collection facility located at the established
parking lot of a host use that conforms to the present city parking
standards;
(16) Use of parking spaces by the small recycling collection facility
shall not reduce the quantity or quality of available parking spaces
below the minimum number required for the site unless all of the following
findings can be made:
(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 that the small recycling collection
facility will be on the site. The results of the parking study shall
be incorporated into an adopted site parking plan. The plan shall
be used by all users of the site along with the city in reviewing
land use applications, building permits, tenant improvements to assure
parking facilities are adequate to meet demand;
(17) If the conditional use permit expires without renewal, the recycling
collection facility shall be removed from the site on the day following
permit expiration.
(b) Large recycling facilities:
(1) The facility is not within one hundred fifty feet of a property planned,
zoned or occupied for residential use;
(2) The facility is completely screened from the public view by operating
in an enclosed building or within an area completely enclosed by landscaping
and a permitted opaque wall or fence of sufficient height to completely
screen the facility from the public view. Large recycling collection
facilities proposed in the PM zone shall only be allowed to operate
completely within an enclosed building;
(3) The facility complies with the applicable requirements for the site
in which the facility is located;
(4) Any storage of recyclable material shall be in sturdy containers,
baled or pelletized. Storage of such material shall be covered, secured
and maintained in a clean and orderly condition. Storage containers
for flammable materials shall be approved by the fire department;
(5) The site shall be maintained free of fluids, odors, litter, rubbish
and any other nonrecyclable materials, and will be cleaned on a daily
basis;
(7) Facilities located within five hundred feet of property planned,
zoned or occupied for residential use, shall not be in operation between
seven p.m. and seven a.m.;
(8) Any containers provided for after-hour collection of recyclable materials
shall be at least two hundred fifty feet from any property planned,
zoned or occupied for residential use. All containers shall be of
sturdy, rustproof and leakproof construction, shall have sufficient
capacity to accommodate materials collected, and shall be secure from
unauthorized entry or removal of materials. Containers within the
PM zone shall be enclosed within a building;
(9) The facility shall be kept free of fluids, odors, litter and rubbish.
The collection area shall be clearly marked to identify type of material
that may be deposited. The collection area shall display a notice
stating that no material shall be left outside of the containers.
A trash can shall be provided and emptied daily;
(10) Signage shall meet the standards of the site in which the facility
is located. Signage including the recycling logo provided by the city,
shall clearly indicate the name and phone number of the facility operator,
and shall indicate the location of other large recycling collection
facilities in Carlsbad.
(Ord. NS-6 § 1, 1988; Ord. CS-102 §§ CXVIII,
CXIX, 2010; Ord. CS-164 § 10,
2011)
Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional use permit pursuant to Chapter
21.42 and subject to the following:
(a) The facility shall meet all applicable development standards;
(b) The facility shall not abut a property planned, zoned or occupied
for residential use;
(c) The facility shall operate in an area completely enclosed on all
sides by landscaping and a permitted opaque fence or wall of sufficient
height to completely screen the facility from the public view; and
located at least two hundred fifty feet from property planned or zoned
or occupied for residential use. Recycling processing facilities proposed
in the PM zone shall only be allowed to operate completely within
an enclosed building;
(d) Power-driven processing shall be permitted, provided noise levels
shall comply with city ordinances and standards. Recycling processing
facilities are limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source-separated recyclable materials;
(e) All 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 approved by the fire department.
No storage facilities shall be visible above the height of fencing.
No exterior storage shall be allowed in the PM zone;
(f) The site shall be maintained free of fluids, odors, litter, rubbish
and any other nonrecyclable materials. The site shall be cleaned of
debris on a daily basis and will be secured from unauthorized entry
and removal of materials when attendants are not present;
(g) 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 hourly load, whichever is higher;
(h) Space shall be provided to park each commercial vehicle operated
by the processing facility and for each employee of the facility;
(i) Noise levels shall conform with city ordinance and standards;
(j) If the facility is located within five hundred feet of property planned,
zoned or occupied 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;
(k) Areas where recyclable materials are collected shall be kept free
of fluids, odors, litter, rubbish and any other undesirable materials,
and the collection area shall be clearly marked to identify the type
of material that may be deposited, and shall display a notice stating
that no material shall be left outside. A rubbish container shall
be provided and emptied daily;
(l) No dust, fumes, smoke, vibration or odor above ambient level shall
be detectable on neighboring properties;
(m) Signage shall meet the standards applicable to the site. Signage
shall include the recycling logo as provided by the city, shall clearly
indicate the name and phone number of the facility operator, shall
indicate the hours of operation and shall indicate the location of
other recycling processing facilities in Carlsbad.
(Ord. NS-6 § 1, 1988; Ord. CS-102 § CXX, 2010)
In commercial zoning districts, a reverse vending machine (RVM)
facility may be required by the City Planner to be located and maintained
on-site for the following uses and subject to the following standards:
(a) The RVM shall be located within fifty feet of the entrance of a host
use. Host uses include the following:
(3) Eating establishments which provide take-out service;
(4) Retail or wholesale business or service stations which provide for
the sale of items contained in recyclable materials;
(b) A trash can shall be located within ten feet of a reverse vending
machine. A RVM facility shall be maintained in a clean, litter and
odor free condition.
(c) A RVM facility shall be an integral part of a site's design and shall
not interfere with pedestrian or vehicular movement.
(d) A RVM facility shall have operating hours that are at least as long
as the operating hours and the host use or vending machine(s).
(e) Each RVM within a RVM facility shall:
(1) Be constructed and maintained with durable waterproof and rustproof
material from which no fluids or odors are allowed to emit;
(2) With a maximum of four square feet of instructions that clearly indicate:
(A)
The type of recyclable material to be deposited,
(B)
The operating instructions,
(C)
The identity and phone number of the operator or responsible
person to call if the machine is inoperable,
(D)
A current list of similar RVMs within the city.
(f) An RVM facility shall be identified with a two-foot maximum recycling
logo approved by the city for use city-wide. The recycling logo shall
not be considered a sign in determining allowable signage for the
host site or use.
(Ord. NS-6 § 1, 1988; Ord. CS-164 § 10, 2011)
(a)
Definitions. The following definitions
are applicable to this section.
"Development project"
means any of the following:
(A)
A project for which a building permit is required for a commercial,
industrial, or institutional building, marina, or residential building
having five or more living units, where solid waste is collected and
loaded and any residential project where solid waste is collected
and loaded in a location serving five or more living units;
(B)
Any new public facility where solid waste is collected and loaded
and any improvements for areas of a public facility used for collecting
and loading solid waste;
(C)
The definition of development project only includes subdivisions
or tracts of single-family detached homes if, within such subdivisions
or tracts, there is an area where solid waste is collected and loaded
in a location which serves five or more living units. In such instances,
recycling areas as specified in this section are only required to
serve the needs of the living units which utilize the solid waste
collection and loading area.
"Improvement"
means any activity which adds to the value of a facility,
prolongs its useful life, or adapts it to new uses. For purposes of
this chapter, "improvements" do not include "repairs." "Repairs" keep
facilities in good operating condition, but do not materially add
to the value of the facility, and do not substantially extend the
life of the facility.
"Public facility"
means and includes, but is not limited to, buildings, structures,
marinas and outdoor recreation areas owned by a local agency.
"Recycling area"
means space allocated for collecting and loading of recyclable
materials.
(b) Applicability. Adequate, accessible and convenient areas for collecting
and loading recyclable materials shall be provided for each of the
following types of development:
(1) Any new development project for which an application for a building
permit is submitted;
(2) Any improvements for areas of a public facility used for collecting
and loading solid waste;
(3) Any existing development project for which an application for a building
permit is submitted for a single alteration which is subsequently
performed that adds thirty percent or more to the existing floor area
of the development project;
(4) Any existing development project for which an application for a building
permit is submitted for multiple alterations which are conducted within
a twelve-month period which collectively add thirty percent or more
to the existing floor area of the development project;
(5) Any existing development project for which multiple applications
for building permits are submitted within a twelve-month period for
multiple alterations which are subsequently performed that collectively
add thirty percent or more to the existing floor area of the development
project;
(6) Any existing development project occupied by multiple tenants, one
of which submits an application for a building permit for a single
alteration which is subsequently performed that adds thirty percent
or more to the existing floor area of that portion of the development
project which said tenant leases;
(7) Any existing development project occupied by multiple tenants, one
of which submits an application for a building permit for multiple
alterations which are conducted within a twelve-month period which
collectively add thirty percent or more to the existing floor area
of that portion of the development project which said tenant leases;
and
(8) Any existing development project occupied by multiple tenants, one
of which submits within a twelve-month period multiple applications
for building permits for multiple alterations which are subsequently
performed that collectively add thirty percent or more to the existing
floor area of that portion of the development project which said tenant
leases.
(c) Guidelines for All Development Projects.
(1) Recycling areas shall be designed to be architecturally compatible
with nearby structures and with existing topography and vegetation.
(2) The design and construction of recycling areas shall not prevent
security of any recyclable materials placed therein.
(3) The design and construction of recycling areas shall not be in conflict
with any applicable federal, state or local laws relating to fire,
building, access, transportation, circulation, storm water pollution
prevention, or safety.
(4) Recycling areas shall not be located in any area required to be constructed
or maintained as unencumbered, according to any applicable federal,
state or local laws relating to fire, access, building, transportation,
circulation or safety.
(5) Recycling areas or the bins or containers placed therein must provide
protection against adverse environmental conditions, such as rain,
which might render the collected materials unmarketable.
(6) Driveways and/or travel aisles shall, at a minimum, conform to local
building code requirements for garbage collection access and clearance.
In the absence of such building code requirements, driveways and/or
travel aisles should provide unobstructed access for collection vehicles
and personnel.
(7) A sign clearly identifying all recycling and solid waste collection
and loading areas and the materials accepted therein shall be posted
adjacent to all points of direct access to the recycling areas.
(8) Developments and transportation corridors adjacent to recycling areas
shall be adequately protected from any adverse impacts such as noise,
odor, vectors, glare, and storm water pollutants through measures
including, but not limited to, maintaining adequate separation, fencing,
and landscaping.
(9) Recycling areas shall have the ability to accommodate receptacles
for recyclable materials.
(10) Recycling areas shall be accessible and convenient for those who
deposit as well as those who collect and load any recyclable materials
placed therein.
(11) Recycling areas shall be located so they are as convenient for those
persons who deposit, collect, and load the recyclable materials placed
therein as are the area(s) where solid waste is deposited, collected
and loaded.
(12) Whenever feasible, areas for collecting and loading recyclable materials
shall be adjacent to the solid waste collection areas.
(d) Additional Guidelines for Single-Tenant Development Projects.
(1) Recycling areas shall be adequate in capacity, number and distribution
to serve the development project.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient
to meet the recycling needs of the development project.
(3) Recycling areas shall contain an adequate number of bins or containers
to allow for the collection and loading of recyclable materials generated
by the development project.
(e) Additional Guidelines for Multiple-Tenant Development Projects.
(1) Recycling areas shall, at a minimum, be sufficient in capacity, number,
and distribution to serve that portion of the development project
leased by the tenant(s) who submitted an application or applications
resulting in the need to provide recycling area(s) pursuant to subsection
(b) of this section.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient
to meet the recycling needs of that portion of the development project
leased by the tenant(s) who submitted an application or applications
resulting in the need to provide recycling area(s) pursuant to subsection
(b) of this section.
(3) Recycling areas shall contain an adequate number of bins or containers
to allow for the collection and loading of recyclable materials generated
by that portion of the development project leased by the tenant(s)
who submitted an application or applications resulting in the need
to provide recycling area(s) pursuant to subsection (b) of this section.
(f) Costs. Any costs associated with adding recycling space to existing
development projects shall be the responsibility of the party or parties
who are responsible for financing the alterations.
(Ord. NS-321 § 2, 1995; Ord. CS-312 § 2, 2017)