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HomeMy WebLinkAboutOrd 1022-1987ORDINANCE NO~ 1022-87 AN ORDINANCE ADDING CHAPTER 20,75 ENTITLED "RECYCLING REGULATIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD PROVISIONS PERTAINING TO RECYCLING FACILITIES THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 20.75 entitled "Recycling Regulations" is hereby added to the South San Francisco Municipal Code to read as follows: Sections 20.75.010 20.75.020 20.75.030 20.75.040 CHAPTER 20.75 RECYCLING REGULATIONS Purpose Recycling Terminology Approvals and Permits Required Criteria and Standards Section 20.75.010 Purpose. Chapter 20.75 establishes the Recycling Regulations. The purpose of these provisions is to implement the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500 et seq.) Section 20.75.020 Recycling Terminology. (a) 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 collec- tion of recyclable materials. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. (b) 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 Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. (c) 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 Beverage Container Recycling and Litter Reduction Act. 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 may include the following: (1) Collection Facility A collection facility is a center for the acceptance, by donation, redemption, or purchase, or recyclable materials from the public. Such a facility does not use power-driven processing equip- ment except as indicated in Section 20.75.040. Collection facilities may include the following: (A) Reverse Vending Machines. (B) Small Collection Facilities, which occupy an area of not more than 500 square feet and may include a mobile 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. (C) Large Collection Facilities, which may occupy an area of more than 500 square feet or be on a separate property not appurtenant to a host use, and which may include permanent structures. (2) 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. (A) 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, bri- quetting, 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- (B) A heavy processing facility is any processing facility other than a light processing facility and is not a permitted use in South San Francisco. (d) 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. 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. Section 20.75.030 Approvals and Permits Required. It shall be unlawful for any person to permit the placement, construction, or operation of any recycling facility without first obtaining an approval or a permit pursuant to the provisions set forth in this section. Recycling facilites may be permitted as set forth in the following table. Type of Facility Reverse Vending Machines Small Collection Large Collection Light Processing Zones Permitted All Commercial All Industrial All Commercial All Industrial C-1, P-C All Industrial Approval/Permit Required By Right Use Permit Use Permit M-1 Use Permit Section 20.75.040 Criteria and Standards. Those recycling facilities permitted by right and design review approval shall meet all of the applicable criteria and standards listed below. Those recycling facilities permitted with a Use Permit shall meet the applicable criteria and standards, provided that the Planning Director, Planning Commission, or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this title. -3- If the zoning district in which the facility is located has a provision requiring all activities to be conducted completely within an enclosed structure "recycling collection facilities" are exempt from that requirement. The criteria and standards for recycling facilities are as follows: (a) Reverse Vending Machines. Reverse vending machines located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones by right, 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 of the City. (2) Shall be located within 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 50 square feet of ground or 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 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. (7) Shall have a sign area of a maximum of four (4) feet per machine, exclusive of operating instructions. (8) Shall be maintained in a clean, litter-free condition on a daily basis. (9) Shall have operating hours at least the equivalent of the operating hours of the host use. (10) Shall be illuminated to ensure comfortable and safe opera- tion if operating hours are between dusk and dawn. (b) Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones with a use permit, provided the facility meets all the following standards: -4- (1) Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City~ (2) Shall be no larger than 500 square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers. (3) Shall be set back at least ten (10) 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 be accepted with permission of the local health official. (5) 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 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 when attendant is not present. (8) Shall be maintained free of litter and any other undesir- able 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. (10) If the facility is located within 100 feet of a property zoned or occupied for residential use it 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 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. (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. -5- (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 informational signs required in subsection (12) above. 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 the location. (C) Directional signs, bearing no advertising message, may be installed with the approval of the City Engineer and Police Department if necessary to facilitate traffic circula- tion, or if the facility is not visible from the public right-of-way. (14) The facility shall not impair the landscaping required by local ordinances for any concurrent use of this title or any permit issued pursuant thereto. (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 space will be provided for the attendant, if needed. (16) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking durng 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; and (B) A parking study shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site; and (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: -6- For a commercial host use: Number of Available Parking Spaces Maximum Reduction 0 - 25 0 26 - 35 2 36 - 49 3 50 - 99 4 100 + 5 For a community facility host use: A maximum five (5) spaces reduction may be allowed when not in conflict with 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 Facilities. Large collection facilities may be sited in C-1, P-C and industrial zones with a use permit, provided the facility meets all the following standards: (1) Facility shall not abut a property zoned or planned for residential use. (2) Facility shall be screened from the public right-of-way by operating in an enclosed building or: (A) Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping as specified in Chapter 20.73; and (B) At least 150 feet from property zoned or planned for residential use; and (C) Meets all applicable noise standards in this chapter. (3) Setback requirements shall be those required in 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 non-flammable material and approved by the Fire Department. Oil storage must be in containers approved by the Fire Department and health official. No storage, excluding truck trailers and overseas containers shall be visible above the height of the fencing. -7- (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 circu- late and to deposit recyclable materials, except where it is determined that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety. (7) One (1) parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in 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. (8) Noise levels shall not exceed 55 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA. (9) If the facility is located within 50 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 re- cyclable materials shall be at least 50 feet from any property zoned or occupied for residential use, shall be 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 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, A notice stating that no material shall be left outside the recycling containers must be displayed. (12) Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identi- fication and informational signs shall meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the City Engineer and Police Depart- ment, 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 the use permit process if noise and other conditions are met. -8- (d) Processing Facilities. A light processing facility may be sited in an M-1 zone district with a use permit, provided the facility meets all the following standards: (1) Facility shall not abut a property zoned or planned for residential use; (2) Processors shall operate in a wholly enclosed building except for incidental storage, or: (A) Within an area enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped according to the provisions of Chapter 20.73. (B) Located at least 150 feet from property zoned or planned for residential use. (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 source-separated recyclable materials and repairing of reusable materials. (4) A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two (2) out- bound 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 25250.11 of the California Health and Safety Code. (6) Setback requirements shall be those required in the M-1 zone district. (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 non-flammable material. Oil storage must be in containers approved by the Fire Department and health official. No storage excluding truck trailers and overseas containers shall be visible above the height of the fencing. (8) Site shall be maintained free of litter and any other undesirable materials, and shall 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- (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 it is determined that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety. (10) One (1) parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located. (11) Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or other- wise shall not exceed 70 dBA. (12) If the facility is located within 500 feet of property zoned or planned 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 re- cyclable materials will be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof con- struction; 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. A notice stating that no material shall be left outside the recycling containers must be displayed. (15) Sign requirements shall be those provided for the M-1 zoning district. In addition, facility shall 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 may be detectable on neighboring properties. SECTION 2. SEVERABILITY In the event any section or portion of this Ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. -10- SECTION 3 PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933' a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effec- tive thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 28th day of October , 19 87 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 25th day of AYES: NOES: ABSTAIN: None ABSENT: None November , 19 87 , by the following vote: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 25th day of November , 19 87 . CITY CLERK'S CERTIFICATIONS 1. Prior to Adoption. I, BARBARA A. BATTAYA' City Clerk of the City of South San Francisco, CERTIFY that on the 18th day of November , 19 87 , 7 days prior to the City Council meeting set for the25th day of November , 19 87 , when this Ordinance was scheduled for adoption (1) the Summary was published and circulated in said City, and (2) a certified copy of the full text of this Ordinance was posted in my office, all in accordance with Government Code Section 36933. DATED: October 29, 1987 ~y Cler ~ ~k 2. After Adoption: I, BARBARA A. BATTAYA, City Clerk of the City of South San Francisco, CERTIFY that this Ordinance was adopted on the 25th day of November . 19 87 , and on the 12th day of December , 19 87 , 17 days thereafter (1) the Summary of this Ordinance, a copy of which is attached hereto as Exhibit A , was published in the "Enterprise-Journal", a news- paper of general circulation published and circulated in said City, and (2) a certified copy of this Ordinance, with the names of those City Council members voting for or against this Ordinance, or otherwise voting, was posted in my office, all in accordance with Government Code Section 36933. DATED: December 7, 1987 -3- CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ORDINANCE SUMMARY AN ORDINANCE ADDING CHAPTER 20.75 ENTITLED "RECYCLING REGULATIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD PROVISIONS PERTAINING TO RECYCLING FACILITIES 1. SUMMARY. The purpose of this ordinance is to implement the California Beverage Container Recycling and Litter Reduction Act of 1986 which requires the establishment of recycling centers within designated zones. After stating the purpose of the provisions and defining recycling terms, the approvals and permits required are spelled out. Reverse vending machines are permitted by right in commercial and industrial zones, provided they comply with detailed standards. Small collection facilities (less than 500 square feet in size) would be permitted in commercial and industrial zones, subject to a use permit. There are eighteen (18) standards such facilities must meet, including standards for signs, parking and maintenance. Large collection facilities, which may occupy an area greater than five hundred (500) square feet and be located on a site separate from a supermarket would be permitted in the C-1, P-C, and Industrial zones with a use permit. Standards cover setbacks, exterior storage, parking, noise, etc. Light processing facilities would be limited to the M-1 zone with a use permit. Again, numerous standards regulate the establishment and operation of such a facility. The City's provisions are more restrictive than the State's model ordinance. 2~ 36933. City Attorney. DATED: October 29, 1987 This Ordinance Summary was prepared pursuant to Government Code Section The City Council ordered preparation of this Ordinance Summary by the 3. CERTIFICATION AND POSTING PRIOR TO ADOPTION. A certified copy of the full text of this Ordinance is posted in the office of the City Clerk, City Hall, South San Francisco, California. Ordinance was read for the first time on the 28th day of October , The 198 7 and is scheduled for second reading and adoption on the 198 .7 · DATED: October 29. 1987 e CERTIFICATION AND POSTING AFTER ADOPTION. This Ordinance was adopted on the 25th 25th day of November day of November , 198 7 , and a certified copy of the full text, together with the names of the Council members voting for and against the Ordinance or otherwise voting, is posted in the office of the City Clerk. The vote was recorded as fOllows: FOR: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago AGAINST: None ABSTAINED: None ABSENT: NOne -2-