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HomeMy WebLinkAbout1873 ORDINANCE NO, 1873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A DIVISION 7 TO PART 8 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING RECYCLING FACILITIES. WHEREAS, the Arcadia City Council desires to make redemption and recycling or reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials; and WHEREAS, the Arcadia City Council desires to encourage the provision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses; and WHEREAS, the amendments adopted by this ordinance are found by the Arcadia City Council to be necessary to provide for implementation, within areas of the City of Arcadia, of the California Beverage Container Recycling and Utter Reduction Act; and WHEREAS, a Negative Declaration has been issued for the proposed zoning ordinance amendment in compliance with the California Environmental Quality Act and State environmental review guidelines; and WHEREAS, a Public Hearing was held on October 13, 1987 before the Planning Commission at which time all interested persons were given full opportunity to be heard, and to present evidence, and. WHEREAS, the Planning Commission of the City of Arcadia recommended subject amendment to the City Council. and WHEREAS, the City Council conducted a Public Hearing concerning this proposal on November 3, 1987 and approved the amendment. 1 1873 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA OOES HEREBY ORDAIN AS FOLLOWS: SEcrIQii.L. That Division 7 is hereby added to Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code to read as follows: DIVISION 7 RECYCL ING F ACIL ITIES 9287. PURPOSE. The purpose of this chapter, and any rules, regulations and specifications adopted pursuant thereof, is to control and regulate the recycling of reusable materials. 9287.1. DEFINITIONS, As used in this Chapter the following words or phrases shall have the meaning specified, 9287.1.1. ADMINISTRATIVE PERMIT. An Administrative Permit is a permit, issued by the Director of Planning, for a reverse vending machine(s) or a small collection facility, which complies with the requirements of this Chapter, 9287.1.2, BULK REVERSE VENDING MACHINE(S) A bulk reverse vending machine is a reverse vending machine that is larger than fifty (SO) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container, 9287,1.3, CERTIFIED RECYCLING FACILITY. 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, 2 1873 9287,1.4, 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 9287.4 Criteria and Standards. Collection facilities may incluge the following: 1. Reverse Vending Machine(s) 2. Small collection facilities 3, Large collection facilities 9287,1.5, REA VY PROCESSING FACILITY. A heavy processing facility is any processing facility other than a light processing facility, 9287.1.6, LARGE COLLECTION FACILITY, A large collection facility is a collection facility which occupies an area of more than five hundred (500) square feet and may include permanent structures, 9287.1.7. LIGHT PROCESSING FACILITY. A light processing facility occupies an area of under 45,000 square feet of gross collections, 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, grinding, 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, 3 1873 9287.1.8. 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, 9287.1.9. 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: 9287.1.10, RECYCLABLE MATERIAL. Recyclable material is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, 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 provisions of the California Health and Safety Code. 9287.1.11. RECYCLING FACILITY, A recycling facility is a center for the collection and/or processing of recyclable materials, 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, 4 1873 9287.1.12. REVERSE VENDING MACHINE(S) 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 aluminium 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 commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping or reverse vending machines may be necessary. 9287.1,13. SMALL COLLECTION F ACIL lIT, A small collection facilities is a collection facility which occupies an area of not more than five hundred (500) square feet. and may include: a. A mobile unit; b, Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (SO) square c. Kiosk type units which may include permanent structures; d, Unattended containers placed for the donation of recyclable materials, 9287,2, PERMITS REQUIRED, No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this Chapter. Recycling facilities may be permitted as set forth in the following table: 5 1873 ZONES PERMITTED C-l, C-2, C-M, M-l, M-2 C-l, C-2, C-M, M-l, M-2 Large Collection C-M, M-I, M-2 Light Processing M-l, M-2 Heavy Processing M-l, M-2 9287.3, PERMITS FOR MULTIPLE SITES, TYPE OF FACILITY Reverse Vending Machine(s) Small Collection PJ;RM ILREQUlEED Administrative Administrative Conditional Use Permit Conditional Use Permit Conditional Use Permit A single administrative permit may be granted to allow more than one reverse vending machine(s) or small collection facility located on different sites under the following conditions: A. The operator of each of the proposed facilities is the same; B, The proposed facilities are determined by the Director of Planning to be similar in nature, size and intensity of activity; and C. All of the applicable criteria and standards set forth in Section XXXX are met for each such proposed facility, 9287.4, CRITERIA AND ST ANDARDS, Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards, provided that the Planning Commission may relax such standards or impose stricter standards as an exercise of its authority upon a finding that such modifications are reasonably necessary in order to implement the general intent of this Chapter. The criteria and standards for recycling facilities are as follows: 6 1873 A, REVERSE VENDING MACHINE(S) Reverse vending machine(s) located within a commercial structure do not require an Administrative Permit or a conditional use permit. Reverse vending machines, outside a commercial structure, do not require additional parking spaces for recycling customers and may be permitted within the designated commercial or industrial zones with an administrative use permit provided that they comply with the following standards: 1. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes; 2, Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the primary use; 4, Shall occupy no more than fifty (SO) square feet of floor space per installation, inCluding any protective enclosure, and shall be no more than eight (8) feet in height; 5, Shall be constructed and maintained with durable waterproof and rustproof material; 6, Shall be clearly marked to identify the types 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; 7, May have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions; 7 1873 _______ .. _ _______~~~~ _ ~~~ ~ ~~..._..~.., ............-L .......-... ............................... ........... ~.......} basis; 9. Operating hours shall be 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, B, SMALL COLLECTION FACILITIES, Small collection facilities may be sited in commercial and industrial .; zones with an administrative permit provided that they comply with the . following conditions: 1, Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes; 2. Shall be no larger than five hundred (500) square feet; 3. Shall be set back at least ten (10) feet from any street side property line and shall not obstruct pedestrian or vehicular circulation; 4. Shall accept only glass, metal, plastic containers, papers and reusable items, Used motor oil may be accepted with permission of the local public health official; S. Shall use no power-driven processing equipment except for reverse vending machines; 6. Shall use containers that are constructed and maintained with durable waterproof and rust proof 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 when attendant is not present; 8 1873 7, 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; 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 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA as measured at the property line; 10, 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.; 11. Containers for the 24-hour donation of materials shall be at least 100 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 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 the required 9 1873 IS, informational signs; in the case of a mobile recycling unit, the side will be measured from the pavement to the top of the container; b. Signs must be consistent with the character of the location; c. Directional signs, bearing no advertising message, may be installed with the approval of the Director of Planning if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of -way; The facility shall not impair any required landscaping; No additional parking spaces will be reduired 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; 16, Mobile recycling units shall have an area clearly marked to 14. 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; 10 1873 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; For a commercial host use: NUMBER OF AVAILABLE paRKING SPACES MAXIMUM REDUCT ION o 2 3 4 5 0-25 26-35 36-49 50-99 100+ For a community facility host use: A maximum of five (5) spaces reduction will be allowed when not in conflict with the parking needs of the host use, 18. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. C. LARGE COLLECTION FACILITY, A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in C-2. M-l or M-2 zones with an approved conditional use permit, provided the facility meets the fOllowing standards: 1. Facility does not abut a property zoned or planned for residential use: 2. Facility will be screened from the pUblic right-of-way by operating in an enclosed building or: 11 1873 a, Within an area enclosed by a solid masonry wall at least six (6) feet in height with a minimum five (5) foot wide landscape buffer between such wall and the adjacent property lines; b, At least 150 feet from property zoned or planned for residential use; and 3. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; 4, All exterior storage of materials 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 Arcadia Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the wall; 5, Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis; 6, Space shall be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials; 7, One (I) parking space shall be provided for each commercial vehicle operated by the recycling facility which is kept or maintained at the facility. 8. Noise levels shall not eIceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA as measured at the property line; 12 1873 9. 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 donations of recyclable materials shall be at least 100 feet from any property zoned, planned or occupied for residential use, shall be of sturdy, rustproof construction, have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. 11. Donation areas shall 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; facility shall display a notice stating that no material shall be left outside the recycling containers; 12. Facility shall 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 Director of Planning, if necessary, to facilitate traffic circulation or if the facility is not visible from the pUblic right-of-way; 13. Power-driven processing, inclUding aluminium foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved as a part of the conditional use permit; 13 1873 14, No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties, D. PROCESSING FACILITIES. A processing facility is permitted in M-l and M-2 zones with an approved conditional use permit, provided the facility meets the following standards: 1. Facility does not abut a property zoned or planned for residential use; 2. Facility will be screened from the pUblic right-of-way by operating in an enclosed building or: a. Within an area enclosed by a solid masonry wall at least six (6) feet in height with a minimum five (S) foot wide landscape buffer between such wall and the adjacent property lines; b. At least 1 SO feet from property zoned or planned for residential use; and 3. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; 4, All exterior storage of materials 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 Arcadia Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the wall; 5. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis; 14 1873 and shall be secure from unauthorized entry or removal of materials; 6. Space shall be provided on the 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 (l 0) customers or the peak load, whichever is higher; 7, One (I) parking space will be provided for each commercial vehicle operated by the recycling facility which is kept or maintained at the facility, Parking requirements shall otherwise be as required by the zone in which the facility is located; 8, Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA as measured at the property line; 9. 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. The facility shall be administered by on-site personnel during the hours the facility is open; 10, Any containers provided for after-hours donations of recyclable materials shall be at least 100 feet from any property zoned, planned or occupied for residential use, shall be of sturdy, rustproof construction, have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials, 15 1873 11. Donation areas shall be kept free of litter and any other undesirable material. and the containers shall be clearly marked to identify the type of material that may be deposited, Facility shall display a notice stating that no material shall be left outside the recycling containers; 12, Sign requirements shall be those provided for in the zone in which the facility is located, In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; 13. Power-driven processing, including aluminium foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved, 14, No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties, SECTION 2, That Section 9275.1.53.3,5 be added to the Arcadia Municipal Code to read as follows: 9275.1,53.3,5. RECYCLING FACILITIES, Large collection facilities in C-M or less restrictive commercial or industrial zone. Light processing or heavy processing facilities in M-I or less restrictive industrial zone. 16 1873 SECTlillLl. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 1st day of December, 1987. ATTEST: '- " .~~ .:. M.yor of th, City of A".di. '7 ~- ,/" <:- , - - '.~"-'.';": - , " ~'...' I #.' ~ "~_' . I (}f~..~. ~ -... - "" - City Clerk of-the City of Arcadia --0 ST A TE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ARCADIA ) I, CHRISTINE V AN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1873 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City ClerK at a regular meeting of said Council held on the 1st day of December 1987, and that said Ordinance was adopted by the following vote, to-wit: AYES: Councilmember Chandler, Harbicht, Lojeski, Young and Gilb NOES: None ABSENT: None City Clerk of the City of Arcadia 17 1873