HomeMy WebLinkAboutNS-2333 - Amending Various Sections of the Santa Ana Municipal Code Regarding Recycling Regulations017
ORDINANCE NO. NS -2333
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING VARIOUS SECTIONS OF THE SANTA
ANA MUNICIPAL CODE REGARDING RECYCLING
REGULATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That Santa Ana Municipal Code Section 41-472 is
hereby amended to read as follows:
Sec. 41-472. Uses permitted in the Mi district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or
previously treated materials into a finished or semi-
finished product, excluding those uses specified in
section 41-489.5.
(b) The manufacture of products from raw or previously
treated materials, excluding those uses specified in
section 41-489.5.
(c) The assembly of products from raw or previously treated
materials, excluding those uses specified in section 41-
489.5.
(d) The packaging or distribution of previously prepared
products or materials, excluding those uses specified in
section 41-489.5.
(e) Wholesale establishments where the primary trade is
business to business sale of products, supplies, and
equipment.
(f) Storage of previously prepared products or materials for
eventual distribution or sales.
(g) Machine shop or other metal working shops.
(h) Enclosed storage and warehousing, including mini -storage.
(i) Impound yards (storage only) with no office or dispatch-
ing operations.
(j) Laundry and dry cleaning establishments in conjunction
with plant operation for such establishment on the
premises.
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0 Is ORDINANCE NS -2333
(k) Eating establishments not specified in section 41-472.5. -
(1) Research laboratories that do not generate hazardous
waste materials.
(m) Service stations with no more than two thousand (2000)
square feet of the gross floor area devoted to non -
automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and
service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or
greater) when such products are the primary sales
activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other
reproduction processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender
repair, painting, and engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used
for final product manufacture.
(x) Lumberyard, including mill and sash work if conducted
entirely within an enclosed building.
(y) Recycling facilities not in excess of forty-five thousand
(45,000) gross square feet and in compliance with Sec.
41-1253 of this ordinance including:
1. small collection facilities
2. large collection facilities
3. light processing facilities
SECTION 2: That Santa Ana Municipal Code Section 41-489.5 is
hereby amended to read as follows:
Sec. 41-489.5. Additional uses subject to a conditional use permit
in the M2 district.
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ORDINANCE NS -2333
019
In addition to uses permitted subject to the issuance of a
conditional use permit pursuant to sections 41-489 and 41-472.5,
the following uses may be permitted in the M2 district subject to
the issuance of a conditional use permit:
(a) Acid manufacturing.
(b) Junkyards, automobile wrecking yards and salvage yards,
and impound yards.
(c) Cement, lime, gypsum or plaster of paris manufacture.
(d) Fertilizer manufacture.
(e) Gas or acetylene manufacture.
(f) Glue manufacture.
(g) Smelting of tin, copper, zinc or iron ores.
(h) Sites for the transfer, disposal or dumping of rubbish,
garbage, trash, or refuse.
(i) Missions.
(j) Tattoo parlors.
(k) Any facility where payment is offered for blood or plasma
donations.
(1) Crematories.
(m) Storage and distribution of hazardous materials.
(n) Hazardous waste treatment facilities.
(o) Recycling facilities in excess of forty-five thousand
(45,000) gross square feet and in compliance with Sec.
41-1253 of this ordinance.
SECTION 3: That Santa Ana Municipal Code Section 41-1250 is
hereby amended to read as follows:
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,
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020 ORDINANCE NS -2333
remanufacture, or reconstitution 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 Sections 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 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 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; an automated mechanical
device which accepts at least one (1) 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 reversing 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 (3)
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.
(2) Small collection facilities which occupy an area of
not more than five hundred (500) square feet,
including the following:
A mobile recycling unit; A mobile recycling unit
means an automobile, truck, trailer or van,
ORDINANCE NS -2333 02 1
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.
Bulk reverse vending machines or a grouping of
reverse vending machines occupying more than fifty
(50) square feet; is designed to accept more than
one (1) container at a time; and will pay by weight
instead of by container.
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 five hundred (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 remanufacturing.
Processing facilities include the following:
(1) A light processing facility occupies an area of
under forty-five thousand (45,000) square feet of
gross collection, processing and storage area and
has up to an average of two (2) outboard 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 quality 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.
ORDINANCE NS -2333
CZ?
SECTION 4: That Santa Ana Municipal Code Section 41-1251 is
hereby amended to read as follows:
Sec. 41-1251. Permits required.
(a) No person shall cause or permit the placement,
construction, or operation of any small collection facility which
is not located on property within a commercial zoning district and
designated as a Convenience Zone 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 Department of Conservation. Applicants must also
provide written proof of possession of State of California
Workman's Compensation coverage and be in possession of a current
Weighmaster's License.
(b) Small collection facilities may be permitted on any
property which is zoned and used for commercial and designated as
a Convenience Zone or on property within an industrial zoning
district . Heavy processing facilities are permitted only in the
M1 and M2 zoning districts with the approval of a conditional use
permit.
(c) A land use certificate shall be issued for any small
collection facility which complies with the applicable standards
set forth in this article.
SECTION 5: That Santa Ana Municipal Code Section 41-1252 is
hereby amended to read as follows:
Sec. 41-1252. Standards for reverse vending machines.
Each reverse vending machine:
(1) Shall be established in conjunction with a commercial use
which is in compliance with all applicable zoning,
building and fire code requirements;
(2) Shall be located in the interior of the building, within
thirty (30) feet of the entrance to the commercial
structure and shall not obstruct pedestrian circulation;
(3) Shall occupy no more than fifty (50) square feet of floor
space per installation, including any protective
enclosure, and shall be no more than eight (8) feet in
height;
(4) Shall be constructed and maintained with durable
waterproof and rustproof material;
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ORDINANCE NS -2333
'023
(5) 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;
(6) Shall have a sign area of a maximum of four (4) square
feet per machine, exclusive of operating instructions;
(7) Shall be maintained in a clean, litter -free condition on
a daily basis;
(8) Shall have operating hours which are at least the
operating hours of the host use;
SECTION 6: That Santa Ana Municipal Code Section 41-1253 is
hereby amended to read as follows:
Sec. 41-1253. Standards for small collection facilities.
Only one small collection facility may occupy a Convenience
Zone at any time: and, each small collection facility:
(1) Shall be established in conjunction with an existing
commercial use which is in a Convenience Zone and not
host to another operating small collection facility and
is in compliance with all applicable zoning, building
and fire code requirements;
(2) Shall be no larger than five hundred (500) square feet;
(3) Shall be set back at least fifty (50) feet from any
street line and shall not obstruct pedestrian or
vehicular circulation;
(4) Shall accept only glass, metals, plastic containers,
papers and reusable items. Used motor oil may not be
accepted at these locations;
(5) Shall use no power -driven processing equipment.
(6) 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;
(7) Shall store all recyclable material in containers or in
the mobile unit vehicle, and shall not leave materials
outside of containers where attendant is not present;
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024 ORDINANCE NS -2333
(8) 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;
(9) Shall not exceed noise levels of sixty (60) dBA as
measured at the property line of residentially zoned or
occupied property, otherwise shall not exceed seventy
(70) dBA; and
(10) Shall provide access to water/hose bib within fifty (50)
feet.
(11) Recycling facilities may not locate within one hundred
(100) feet of a property zoned or occupied for
residential use and shall operate only during the hours
between 9:00 a.m. and 7:00 p.m.
(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 may be provided as follows:
a. Recycling facilities may have identification signs
with a maximum of twenty (20) per cent per side or
sixteen (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.
d. The zoning administrator may authorize increases in
the number and size of signs upon findings that it
is compatible with adjacent businesses.
e. All sites must be in conformance with the
provisions of Article XI of this chapter.
ORDINANCE NS -2333
02-5
(14) The facility shall not impair the landscaping required by
this chapter for any concurrent use.
(15) 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 (1) space will
be provided for the attendant, if needed;
(16) 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;
(17) 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; or
_ (c) 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 or more 5
(18) 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.
SECTION 7: That Santa Ana Municipal Code Section 41-1254 is
hereby amended to read as follows:
Sec. 41-1254. Standards for large collection facilities.
Large collection facilities shall be subject to the following
standards:
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026 ORDINANCE NS -2333
(1) The facility shall not abut a property zoned or used for
residential purpose .
(2) 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 one hundred fifty (150) feet from property
zoned or used for residential use; and
C. In compliance with applicable noise standards.
(3) Setbacks and landscape requirements shall be those
provided for the zoning district in which the facility is
located.
(4) All 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 nonflammable 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.
(5) The site shall be maintained free of litter and any other
undesirable materials and will be cleaned of loose debris
on a daily basis.
(6) 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.
(7) 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.€or in this chapter.
(8) Noise levels shall not exceed fifty-five (55) dBA as
measured at the property line of residentially zoned
property, or otherwise shall not exceed seventy (70) dBA.
(9) If the facility is located within five hundred (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.
M
ORDINANCE NS -2333 027
(10) Any containers provided for after-hours donation of
recyclable materials will be at least fifty (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. Containers 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 outside 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.
SECTION 8: That Santa Ana Municipal Code Section 41-1255 is
hereby amended to read as follows:
Sec. 41-1255. Processing facilities.
Processing facilities are subject to the following standards:
(1) The facility shall not abut a property zoned or used for
residential purpose.
(2) In a commercial zone, a light processing facility shall
operate in a wholly enclosed building except for
incidental storage of vehicles or equipment used on site.
(3) Power -driven processing shall be permitted, provided all
noise level requirements are met. Light processing
facilities are limited to baling, briquetting, crushing,
compacting, grinding, shredding and sorting of
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028 ORDINANCE NS -2333
source -separated recyclable materials and repairing of
reusable materials.
(4) A light processing facility shall be no larger than
forty-five thousand (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.
(5) 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.
(6) Setbacks and landscaping requirements shall be those
provided for the zoning district in which the facility is
located.
(7) 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
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.
(8) 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.
(9) 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 (10)
customers except where the zoning administrator
determines that allowing over -flow traffic above six (6)
vehicles is compatible with surrounding businesses and
public safety.
(10) 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 sixty (60) dBA as measured
at the property line of residentially zoned or occupied
property, or otherwise shall not exceed seventy (70) dBA.
FFA
C_^.DINAIC= 029
(12) If the facility is located within five hundred (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.m. The
facility will be administered by on-site personnel during
the hours the facility is open.
(13) Any containers provided for after-hours donation of
recyclable materials will be at least fifty (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.
(14) 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.
(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.
SECTION 9: 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 10: 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 ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
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030 ORDINANCE NS -2333
ADOPTED this 6th
ATTEST:
�Oahice C. Guy
Clerk of. the Counci
Pulido
Richardson
Espinoza
Franklin
Lutz
McGuigan
Moreno
State of California
County of Orange
Aye
Aye
Aye
Aye
Aye
Aye
Aye
day of
October , 1997.
,/i
AS TO FORM:
=ntGary A. e
Assistant
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, 7ANICE C. GUI', Clerk of the Council, do hereby certify the attached Ordinance No.
_tiaS -a 3 33 to be the original ordinance adopted by the City Council of the City of Santa
Ana on IQ — (a -97 ; and that said ordinance was published in accordance with the Charter
of the City of Santa Ana.
Date: /a /-7 /17 -7
Clerk of the Council
City of Santa Ana