The siting, security and maintenance of reverse vending machines,
small recycling collection facilities and mobile recycling units is
a matter requiring uniform control and regulation by the city, in
the manner set forth in this chapter, in order to protect the peace,
health, safety and general welfare of the residents of the city. The
regulations under this chapter are consistent with the state policy
under the California Beverage Container Recycling and Litter Reduction
Act.
(Ord. 1079)
For the purposes of this chapter, the term "recycling facility"
shall refer to each of the following: reverse vending machine, small
recycling collection facility and mobile recycling unit.
(Ord. 1079)
Notwithstanding any provision of this title to the contrary,
a reverse vending machine, small recycling collection facility or
mobile recycling unit shall be permitted to be located in C-3R, C-3,
CM and M zones, only if a conditional use permit is first obtained
therefor, pursuant to the provisions of this chapter.
(Ord. 1079; Ord. 1199 § 1, 2014)
Every application for a conditional use permit for a recycling
collection facility shall be made in writing by the applicant to the
director of community development ("director") on forms provided by
the director, and accompanied by a filing fee or other fees as set
by resolution of the city council. An application shall also include
the following information:
A.
Name
and address of the applicant;
B.
Name
and address of the vendor. For purposes of this provision, "vendor"
means the operator of the specific recycling collection facility in
question;
C.
Evidence
that the vendor is entitled to occupancy of the lot upon which a recycling
collection facility is located;
D.
A plot
and development plan drawn in sufficient detail, as determined by
the director, to clearly describe including but not limited to the
following:
1.
The
location and physical dimensions of the lot or lots proposed for such
use, and
2.
Location
of existing and proposed buildings and structures on the lot or lots
proposed for such use, and
3.
The
use conducted in the buildings and structures located on the lot or
lots proposed for such use, and
4.
The
distance from the proposed recycling collection facility to the existing
lot lines and to the nearest adjacent buildings or structures, and
5.
The
location or proposed location of the recycling collection facility
on the lot or lots proposed for such use.
(Ord. 1079; Ord. 1199 § 2, 2014)
The planning commission shall issue a conditional use permit pursuant to Section 17.96.030(67) of this code, for a recycling collection facility provided the regulations in Sections 17.80.060 through 17.80.090 are complied with.
(Ord. 1079; Ord. 1199 § 3, 2014)
A.
The
recycling collection facility shall be certified by the Department
of Conservation under the provisions of the California Beverage Container
Recycling and Litter Reduction Act.
B.
The
recycling collection facility shall be established in conjunction
with a use which is in compliance with all applicable zoning, building
and fire code requirements.
C.
The
recycling collection facility shall not obstruct pedestrian or vehicular
circulation on the lot and shall require a minimum distance of 100
feet away from any residential use or residential zone to allow a
sufficient buffer area between the recycling use and residential zones
and residential uses.
D.
The
recycling collection facility shall not occupy required off-street
parking spaces or fire lanes on the lot.
E.
No
recycling collection facility shall be located within a distance of
one-half mile from any other recycling center.
F.
The
color and decor of the recycling collection facility shall be consistent
and complimentary with the colors and design of the existing structures
on the lot.
G.
The
area in which a recycling collection facility is located shall be
fully lit, to provide adequate security lighting, as determined by
the director and/or the police chief, or their designee.
H.
The
recycling collection facility shall be maintained in a clean, litter-free
condition on a daily basis. The vendor shall be responsible to insure
that the recycling collection facility is maintained in a clean condition,
free of debris, odor, at all times, and in good working order in compliance
with the provisions of this chapter. Any noise emitted from the recycling
collection facility shall not exceed noise levels of 70 dBA as measured
at the property line of the recycling collection facility.
I.
The
vendor shall remove from the recycling collection facility and the
areas immediately surrounding the recycling collection facility, any
graffiti which is placed thereon, within 24 hours following notification
of such placement to vendor.
J.
Notwithstanding
any other provision of this title to the contrary, one sign, not exceeding
four square feet of sign face area may be located upon each lot where
a recycling collection facility is located, advising by words, letters
or symbols of the fact that a recycling collection facility is located
on the lot and stating the hours of operation of the recycling collection
facility, subject to the approval of the community development director.
K.
No
recycling collection facility shall be located so as to encroach onto
the public right-of-way, or located so that any patron utilizing the
recycling collection facility is required to be in a public street
area. The vendor shall provide appropriate landscape screening to
minimize any aesthetic impact created by the recycling collection
facility subject to the approval of the director.
L.
The
vendor shall acknowledge and approve all conditions of approval imposed
upon the issuance of the conditional use permit.
M.
Notwithstanding
any other provisions of this title to the contrary, all existing recycling
collection facilities which are not in compliance with the provisions
of this chapter as of the effective date of the ordinance codified
in this chapter shall be made to comply with the provisions of this
chapter by filing for a conditional use permit within 90 days after
the effective date of the ordinance codified in this chapter. Existing
special use permits for recycling collection facilities will be deemed
expired one year from the effective date of the ordinance codified
in this chapter. For an existing recycling collection facility to
continue operating, the owner(s) of existing recycling collection
facilities must do both of the following:
N.
When
a special use permit for an existing recycling collection facility
expires, all buildings, structures and equipment associated with the
recycling collection facility at the effective date of these regulations,
must be removed and all operations related to the recycling operations
must cease within one year of the effective date of the ordinance
codified in this chapter.
O.
All
recycling collection facilities shall be maintained in compliance
with all requirements specified in this title.
(Ord. 1079; Ord. 1199 § 4, 2014)
In addition to the regulations contained under Section 17.80.060, all reverse vending machines shall comply with the following:
A.
The
reverse vending machine 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.
B.
The
reverse vending machine shall be constructed and maintained with durable
waterproof and rustproof material.
C.
The
reverse vending machine 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.
D.
The
reverse vending machine shall be established in conjunction with a
retail-sale grocery store or market use subject to the approval of
the planning commission.
(Ord. 1079; Ord. 1129, 1997; Ord. 1199 § 5, 2014)
In addition to the regulations contained under Section 17.80.060, all small recycling collection facilities shall comply with the following regulations:
A.
The
small recycling collection facility shall be no larger than 500 square
feet.
B.
The
small recycling collection facility shall be set back at least 100
feet from any street line and shall not obstruct pedestrian or vehicular
circulation.
C.
The
small recycling collection facility shall use no power-driven processing
equipment.
D.
The
small recycling collection facility 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 materials, and shall be of a capacity sufficient to
accommodate materials collected in the collection schedule.
E.
The
small recycling collection facility shall store all recyclable materials
in containers and shall not leave materials outside of containers.
F.
The
permit for a small recycling collection facility shall specify the
hours of operation and whether the facility is attended or unattended.
No permit shall allow an attended small recycling collection facility
to operate after seven p.m.
G.
The
containers used by the small recycling collection facility 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 display a notice stating that
no material shall be left outside the recycling containers or collection
bins.
H.
The
small recycling collection facility shall not intrude upon the landscaping
required under this title.
I.
The
small recycling collection facility shall be integrated into existing
site so as not to be obtrusive and the design shall be compatible
with the existing architecture on the site subject to the approval
of the planning commission.
(Ord. 1079; Ord. 1129, 1997; Ord. 1199 § 6, 2014)
In addition to the regulations contained in Section 17.80.060, all mobile recycling units shall comply with the following regulations:
A.
The
lot on which the mobile recycling unit is located shall have an area
clearly marked to prohibit other vehicular parking during hours when
the mobile recycling unit is scheduled to be present.
B.
The
mobile recycling unit shall have all storage areas completely enclosed
in a truck or van which does not exceed a three-quarter-ton capacity.
C.
An
attendant shall be present at the mobile recycling unit during all
hours of operation.
D.
The
operation of the mobile recycling unit shall not allow pedestrians
or motorists to occupy required parking or aisles while waiting for
redemption, nor expose pedestrians or motorists to any safety hazards.
E.
The
mobile recycling unit shall not be located within 100 feet of public
right-of-way.
F.
The
mobile recycling unit shall only be located on the lot during the
days and hours of operation specified in the permit. No permit shall
allow a mobile recycling unit to remain on a lot after seven p.m.
(Ord. 1079; Ord. 1129, 1997; Ord. 1199 § 7, 2014)
Any determination made by the planning commission pursuant to this chapter shall be final and conclusive unless an appeal of the commission's determination is taken in the time and manner set forth in Chapter 2.100 of Title 2 of this code.
(Ord. 1079; Ord. 1214 § 20, 2016)
A.
Upon
recommendation by the director, the body which initially granted conditional
use permit shall conduct a noticed public hearing to determine whether
such conditional use permit, should be revoked. The revocation procedure
shall apply to permits granted prior to the adoption of the regulations
codified in this chapter. If the granting body finds any one of the
following facts to be present, it shall revoke the conditional use
permit:
1.
That
the permit was obtained by fraud; or
2.
That
the use for which such approval was granted has ceased to exist; or
3.
That
the permit granted is being, or has been, exercised contrary to any
conditions imposed upon such permit or variance, or in violation of
any laws; or
4.
That
the use for which the approval was granted is being exercised so as
to be detrimental to the public health or safety, or as to constitute
a nuisance.
(Ord. 1079; Ord. 1199 § 8, 2014; Ord. 1214 § 21, 2016)
