The purpose of this chapter is to provide regulations for the siting of permitted waste management facilities and to provide standards and regulations for recycling facilities.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Waste management is governed by State and Federal law. The licensing, inspection, permitting, and clearances are administered by the Orange County Health Care Agency (Environmental Health Division) and the Orange County Fire Authority. The City cooperates with local, State, and Federal agencies to regulate the waste management stream.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The disposal of household hazardous waste in landfill facilities, sewers, and/or stormdrains is prohibited by State law and Chapter 8.28 of the Yorba Linda Municipal Code. Prior to issuance of a Certificate of Use and Occupancy for any land use listed in Section 18.32.040, the applicant shall comply with Chapter 8.28 of the Yorba Linda Municipal Code to the satisfaction of the Fire Chief, and, further shall provide plans and/or identify measures to comply with Health and Safety Code Section 25280 et seq., and Administrative Code Title 23 in a manner approved by the Orange County Health Care Agency.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The requirements of this chapter pertaining to hazardous materials shall apply to the following land uses:
A.
Automotive and vehicle maintenance, repair, or painting.
B.
Chemical and commercial cleaning product distribution or sale.
C.
Cleaners, self-service laundries and vehicle washes.
D.
Home improvement product, lumber and hardware sales.
E.
Manufacturing.
F.
Medical facilities. G Metal plating.
H.
Mining and extraction.
I.
Nurseries.
J.
Oil and gas exploration and extraction.
K.
Paint and finishing product sales.
L.
Photo processing.
M.
Recreation facilities such as golf courses and amusement parks.
N.
Recycling or resource recovery with potential for contact with hazardous materials.
O.
Research, laboratory and testing facilities.
P.
Service stations.
Q.
Transportation service facilities.
R.
Utilities.
S.
Waste disposal and treatment operations.
T.
Wrecking and salvage facilities.
U.
Other generation of hazardous waste including materials to be disposed of by sanitary sewers.
(Ord. 2004-884; Ord. 2019-1056 § 3)
All permanent and temporary waste management facility sites shall be located in any zone district as a primary use or an accessory use where permitted and shall be subject to the development standards of the base zone, Fire Code requirements, Building and Safety Code requirements, and the following standards.
A.
General Waste Management Facility Site Criteria.
1.
Any hazardous waste facility identified in Section 18.32.040 shall be subject to approval of a conditional use permit by the Planning Commission.
2.
Waste management facilities shall not be located in 100-year flood inundation areas or areas subject to flash floods and debris flows.
3.
Waste management facilities shall be located to keep the distances traveled on minor surface streets to a minimum.
4.
Waste management facilities shall not be located in areas deemed to have recreation, cultural, and/or aesthetic value by the Community Development Director.
5.
Waste management facilities shall be consistent with all the requirements of the General Plan.
(Ord. 2004-884; Ord. 2019-1056 § 3)
No building permits may be issued to any waste management facility emitting any air contaminant until the state agency with jurisdiction has certified to the permit issuing authority that the appropriate State permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws. All waste management facilities shall adhere to adopted water/drainage protection requirements.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A.
Permitted Locations.
1.
Small recycling collection facilities. Reverse vending machines, small collection facilities, bulk reverse vending machines and small roll-off recycling bins may be permitted in any C-N, C-G or MP or M-1 zone, subject to the requirements of subsection B.1.
2.
Large recycling collection facilities. Large recycling collection facility shall include any permanent or temporary structure, vehicle, machines, or bin exceeding 50 square feet in size. Such facilities may be established in any M zone subject to approval of a conditional use permit issued by the Zoning Administrator in accordance with Chapter 18.38, and subject further to meeting all of the requirements of subsection B.2.
B.
Development Standards.
1.
Reverse vending machines and small recycling collection facilities. Reverse vending machines and small recycling collection facilities shall meet the following criteria and standards, provided that the Community Development Director, Planning Commission or the City Council approves the use. The criteria and standards for recycling collection facilities are as follows:
a.
Reverse Vending Machine(s). Reverse vending machine(s), when permitted, must comply with the following standards:
i.
Shall be established in conjunction with a commercial use or community service facility that is in compliance with the zoning, building and fire codes of the City.
ii.
Shall be located within close proximity of the entrance of the commercial structure as approved by the Community Development Director in the case of a permitted use, and Planning Commission in the case of a conditionally permitted use. The machines shall not obstruct pedestrian or vehicular circulation.
iii.
Shall not occupy parking spaces required by the primary use.
iv.
Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than six feet in height.
v.
Shall be constructed and maintained with durable waterproof and rustproof materials.
vi.
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.
vii.
Shall have a sign area a maximum of four square feet per machine, exclusive of operating instructions.
viii.
Shall be maintained in a clean, litter-free condition on a daily basis.
ix.
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
b.
Small recycling collection facilities, bulk reverse vending machines, and roll off recycling bins. Small recycling collection facilities, including unmanned donation bins, if permitted in commercial zones with a conditional use permit, must comply with the following conditions:
i.
Shall be established in conjunction with an existing commercial use, or community service facility that is in compliance with the zoning, building and fire codes of the City.
ii.
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.
iii.
Shall be set back at least 10 feet from any street and shall not obstruct pedestrian or vehicular circulation.
iv.
Shall accept only glass, metals, plastic containers, papers and reusable items.
v.
Shall use no power-driven processing equipment except for reverse vending machines.
vi.
Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedules.
vii.
Shall store all recycled material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.
viii.
Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck containers are removed at the end of each collection day, shall be swept at the end of each collection day.
ix.
Shall not exceed noise levels of 55 dBA as measured at the property line.
x.
Attended facilities located within 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.
xi.
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.
xii.
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 hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
xiii.
The facility shall not impair the landscaping required by this title or any permit issued pursuant thereto.
xiv.
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 needed.
xv.
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during the hours when the mobile unit is scheduled to be present.
xvi.
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.
xvii.
If the permit expires without renewal, the collection facility shall be removed from the site the day following permit expiration.
c.
Signs. Signs may be provided as follows:
i.
No sign or outdoor advertising structure shall be permitted in any C zone except as provided in Chapter 18.24.
ii.
Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is smaller.
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 Community Development Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
2.
Large recycling collection facilities. Large recycling collection facilities must comply with the following conditions:
a.
Facility does not abut a property zoned or planned for residential uses.
c.
Setbacks and landscape requirements shall be those provided for by the zoning district in which the facility is located.
d.
All exterior storage of material shall be in sturdy containers that are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. 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 Community Development Director determines that allowing overflow traffic above six vehicles will be compatible with surrounding businesses 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 by the zone, 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 55 dBA as measured at the property line of residentially zoned property.
i.
If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 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 will be kept free of litter and any other undesirable material, and the containers will 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 container.
l.
Facilities will 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 zone; and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director.
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 approved through a conditional use permit process or at the discretion of the Community Development Director, if noise and other conditions are met.
(Ord. 2004-884; Ord. 2019-1056 § 3)