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HomeMy WebLinkAboutNS-1946 - Adding Article XIV to Chapter 41 of the Santa Ana Municipal Code to Regulations Recycling FacilitiesREL:mb(6) 8/24/87 - Rev. 12/16/87 ORDINANCE NO. NS-1946 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REGU- LATE RECYCLING FACILITIES WHEREAS, the City Council of the City of Santa Ana desires to make redemption and recycling of reusable materials con- venient to the consumer in order to reduce litter and increase the recycling of reusable materials; and WHEREAS, the City Council desires to encourage the pro- vision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses; and WHEREAS, the amendments recommended by this Ordinance are found by the City Council to be necessary to provide for implementation of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code sec- tions 14500 et seq.) within the City of Santa Ana; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding Article XIV to Chapter 41 thereof, which said article reads as follows: ARTICLE XIV. RECYCLING FACILITIES Sec. 41-1250. Definitions. As used in this Article the following terms shall have the following meanings: (a) Recyclable Material Recyclable material is reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or recon- stitution for the purpose of usinG the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. (b) Recycling Facility A Recycling Facility is 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 Con- servation as meeting the requirements of the California 327 328 ORDINANCE NO. NS- 1946 PAGE TWO 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 include Collection Facilities and Processing Facilities. (c) Collection Facility A Collection Facility is 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 41-1253. Collection Facilities may include the following: (1) A Reverse Vending Machine; (2) Small Collection Facilities which occupy an area of not more than 500 square feet, including the following: A Mobile Recycling Unit; Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; Kiosk type units, which may include permanent structures; Unattended containers placed for the donation of recyclable materials. (3) Large Collection Facilities which occupy an area of more than 500 square feet and may include permanent structures. (d) Processing Facility A Processing Facility is a building or enclosed space used for the collection and processing of recyclable 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 remanu- facturing. Processing Facilities include the following: . ORDINANCE NO. NS-1946 PAGE THREE (1) A Light Processing Facility occupies an area of under 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, grind- ing, 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. (2) A Heavy Processing Facility is any processing facility other than a Light Processing Facility. (e) Reverse Vending Machine A Reverse Vending Machine is 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 commensu- rate 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. (f) Bulk Reverse Vending Machine 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. (g) Mobile Recycling Unit A 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. 33O ORDINANCE NO. NS-1946 PAGE FOUR Sec. 41-1251. Permits Required. (a) No person shall cause or permit the placement, construction, or operation of any Recycling Facility which is not located on property where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Depart- ment of Conservation. (b) Recycling Facilities other than Heavy Processing Facilities may be permitted on any property which is zoned and used for commercial or industrial purposes. Heavy Processing Facilities are permitted only in the M1 and M2 use districts. (c) A land use certificate shall be issued for any Recycling Facility which complies with the applicable standards set forth in this Article. (d) A Recycling Facility which does not comply with the applicable standards set forth in this Article may be placed, constructed or operated only if a conditional use permit is granted for such Recycling Facility. In granting any conditional use permit for a Recycling Facility the planning commission or city council may delete or modify any applicable standards set forth in this Article and may add such additional conditions as the planning commission or city council deems appropriate. (e) The standards set forth in section 41-638 of this chapter shall not apply to any conditional use permit application for a Mobile Recycling Unit or a Reverse Vending Machine, if the applicant demonstrates that the Mobile Recycling Unit or Reverse Vending Machine is certified, or has applied to be certified, as a recycling location under the "California Beverage Container Recycling and Litter Reduction Act of 1986" and provides certification from the owner of the subject property granting permission to operate on that property. In such case, the planning commission or city council may deny the application only if it specifi- cally finds, and states its reasons for finding, that the proposed operation will have a detrimental effect on the public health, safety, or general welfare. (f) A land use certificate or conditional use permit may extend to more than one Recycling Facility if all the Recycling Facilities to which it extends are located on the same site and operated by the same operator. 331 ORDINANCE NO. NS- 1946 PAGE FIVE Sec. 41-1252. Standards for Reverse Vending Machines. Each Reverse Vending Machine: Shall be established in conjunction with a commercial use which is in compliance with all applicable zoning, building and fire code requirements; Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; Shall not occupy parking spaces required by the primary use; Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height; Shall be constructed and maintained with durable waterproof and rustproof material; 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; Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions; Shall be maintained in a clean, litter-free condition on a daily basis; Shall have operating hours which are at least the operating hours of the host use; 10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. 11. Shall be consistent with surrounding architecture. 12. Shall be physically integrated with the site. ORDINANCE NO. NS- 1946 PAGE SIX Sec. 41-1253. Standards for Small Collection Facilities. (a) 1. Each Small Collection Facility: Shall be established in conjunction with an exist- ing commercial use which is in compliance with all applicable zoning, building and fire code requirements; 2. Shall be no larger than 500 square feet~ ® Shall be set back at least ten (10) feet from any street line and shall not obstruct pedestrian or vehicular circulation; Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may not be accepted at these locations; e Shall use no power-driven processing equipment except for Reverse Vending Machines; 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 schedule; Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; Shall be maintained free of litter and any other undesirable materials, and 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; 10. 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; Shall provide access to water/hose bib within 50 feet. (b) In addition, each Small Collection Facility shall comply with the following standards: ORDINANCE NO. NS-1946 PAGE SEVEN 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.; 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 shield- ing between the containers and the residential use; 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; 4. Signs may be provided as follows: a® Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger, in addition to informational signs required in subsection (b)3 hereinabove; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container; b. Signs must be consistent with the character of existing signage inclusive of color; C® 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; The Zoning Administrator may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses. e. Ail sites must be in conformance with the pro- visions of Article XI of this chapter. The facility shall not impair the landscaping required by this chapter for any concurrent use; 334 ORDINANCE NO. NS- 1946 PAGE EIGHT 10. 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; 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; 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: 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 the recycling facility will be on the site; c. The permit will be reconsidered at the end of 18 months. A reduction in available parking spaces in an established parking facility may then be allowed as follows: Number of Available Parking Spaces Maximum Reduction 0 - 25 0 26 - 35 2 36 - 49 3 50 99 4 100+ 5 If the permit expires without renewal, the collec- tion facility shall be removed from the site on the day following permit expiration. The facility shall be integrated into the existing site so as to not be obtrusive and will provide aesthetic applications that are compatible with the existing architecture. ''335 ORDINANCE NO. NS- 1946 PAGE NINE Sec. 41-1254 . Standards for Large Collection Facilities. Large Collection Facilities shall be subject to the following standards: The Facility shall not abut a property zoned or used for residential use; The Facility shall be screened from the public right-of-way either by operating in an enclosed building, or by operating: a. Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping; b. At least 150 feet from property zoned or used for residential use; and c. In compliance with applicable noise standards; Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; Ail exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the Fire Department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing; The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis; ® Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Zoning Administrator determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety. One (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements for other vehicles will be as provided for in this chapter. 336 ORDINANCE NO. NS-1946 PAGE TEN Noise levels shall not exceed 55 dBA as measured at the property line of residentially zoned pro- perty, or otherwise shall not exceed 70 dBA; 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.; 10. 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. Con- tainers shall be at least ten (10) feet from any building; 11. 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 out- side the recycling containers; 12. The Facility 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 Zoning Administrator, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way; 13. 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 Zoning Administrator if noise and other conditions are met. 337 ORDINANCE NO. NS-1946 PAGE ELEVEN Sec. 41- 1255. Processing Facilities. Processing Facilities are subject to the following standards: The Facility shall not abut a property zoned or used for residential use; In a commercial zone, a Light Processing Facility shall operate in a wholly enclosed building except for incidental storage, or within an area which is: Enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped on all street frontages; and b. Located at least 150 feet from property zoned or used for residential use. Power-driven processing shall be permitted, pro- vided all noise level requirements are met. Light Processing Facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials; A Light Processing Facility shall be no larger than 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; A Processing Facility may accept used motor oil for recycling from the generator in accordance with Section 2520.11 of the California Health and Safety Code; Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located. Ail 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 non-flammable material, oil storage must be in containers approved by the Fire Department. No storage excluding truck trailers and overseas containers will be visible ORDINANCE NO. NS-1946 PAGE TWELVE above the height of the fencing; 10. The 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; Space shall be provided on site for the antici- pated 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 (10) customers except where the Zoning Administrator determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety; One (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by this chapter; 11. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA; 12. 13. 14. If the facility is located within 500 feet of property zoned or used for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.mo The facility will be administered by on-site personnel during the hours the facility is open; 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; 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; 33u ORDINANCE NO. NS- 1946 PAGE THIRTEEN 15. Sign requirements shall be those provided by this chapter. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; 16. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties. Sec. 41-1256 Relationship To Other Zoning Provisions. (a) To the extent of provisions of this article chapter, the provisions of any inconsistency between the and other provisions of this this article shall control. (b) Provisions of this chapter requiring that activi- ties be conducted within an enclosed building do not apply to Recycling Facilities except as specified in this Article. (c) Any Recycling Facility which is a "development project" within the meaning of section 41-668(a) of this chapter must comply with the development project plan approval process set forth in sections 41-668 through 41-674 of this chapter in addition to compliance with this Article. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any 340 ORDINANCE NO. NS- 1946 PAGE FOURTEEN ordinance and all rights and obligations shall continue in full force and effect. ADOPTED this ]9th day of thereunder appertaining January , 1988. ATTEST: Daniel H. Young Mayor C(~J N CI LMEMBE RS: Young McGuigan Acosta Griset Hart May Pulido Aye, ~y~ APPROVED AS TO FORM: Edwa~f~. C~oper City Att~y