Ordinance Number 689ORDINANCE NO. 689
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE BY
ADDING SECTION 9-3.629 ENTITLED, "RECYCLING FACILITIES"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A.) The City Council desires to make the recycling of reusable materials
convenient to the consumer in order to reduce the solid waste stream to our landfills and
increase the participation of recycling.
B.) The City Council desires to encourage the provisions of recycling
services by adopting a comprehensive and easily understood program of permitting and
regulating such uses.
C.) A Negative Declaration has been issued for the proposed Ordinance in
compliance with the California Environmental Quality Act and State and City
Environmental Review Guidelines.
D.) The Planning Commission held a public hearing and passed a Resolution
recommending the City Council consider the proposed Ordinance.
E.) The Ordinance is consistent with the City of San Juan Capistrano's
General Plan goals, policies and objectives, particularly with respect to land use,
conservation, and waste management.
SECTION 2. Ordinance.
Section 9-3.629 entitled "Recycling Facilities" is hereby added to the
Municipal Code to read as follows:
Section 9-3.629 Recycling Facilities
(a) Purpose and Intent. The provisions of this section are established to
provide for the redemption and recycling of reusable materials and make such facilities
convenient to the consumer in order to reduce the solid waste stream to landfills and
increase the recycling of reusable materials. The recycling facilities outlined by this
section are intended to encourage recycling services by providing a comprehensive and
easily understood program of permitting and regulating such uses.
(b) Definitions.
(1) Recyclable Material
Recyclable material is reusable material including metals, glass, plastic, green
wastes and paper, which are intended for reuse, re -manufacture or reconstitution for the
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purpose of usi a altered form. Recyclable material does not include toxic, noxious or
hazardous m, As. Recyclable material may include used motor oil.
(2) Recycling Facility
A recycling facility is a center for the collection and/or the processing of
recyclable materials. A recycling facility does not include storage containers or
processing activity located on the premises of a residential, commercial, or industrial use
and used solely for the recycling of material generated by that tenant or owner.
(3) Certified Recycling Facility
A certified recycling facility is 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.
(4) Collection Facili
A collecticn facility is a center for the acceptance by donation, redemption, or
purchase of recyclable materials from the public. Collection facilities may include
reverse vending machines, small collection facilities and large collection facilities.
(5) 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 containers 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 portion commensurate with their relative
redemption rates, and to meet the requirement of certification as a recycling facility,
multiple grouping of reverse vending machines may be necessary.
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 Q time and pays by
weight instead of container.
(6) Small Collection Facility
A small collection facilities is a collection facility which occupies an area of
not more than 500 square feet and may include:
A mobile unit.
II Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than 50 square feet.
III Kiosk -type units which may include permanent structures.
IV Unattended containers placed for the donation of recyclable
materials.
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(7) Large Collection Facility
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A large collection facility is a collection facility which may occupy an area of
more than 500 square feet and may include permanent structures.
(8) Processing Facilities
A processing facility is a building or enclosed space 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, shredding, mechanical sorting,
cleaning and re -manufacturing. Processing facilities include light processing facilities
and heavy processing facilities.
(9) Certified Processing Facility
A certified processing facility is a processing facility certified by the
California Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
(10) Light Processing Facility
A light processing facility is a processing facility which occupies an area of
under 45,000 square feet of gross collection, processing and storage area and has up to an
average of two outbound truck shipments per weekday. Facilities are limited to baling,
briquetting, crushing, compacting, grinding, shredding and sorting 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.
(11) Heavy Processing Facility
A heavy processing facility is any processing facility other than a light
processing facility.
(12) 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.
(c) Land Use Standards
(1) Permit Requirements
No person shall permit the placement, construction, or operation of any
recycling facility without first obtaining approvals and a permit pursuant to the
provisions set forth in this section. The fees associated with the processing of
conditional use permits shall be established by separate City Council Resolution.
Recycling facilities may be permitted as set forth in the following table.
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TABLE 3-2
X = Not Permitted
P = Permitted
C = Conditional Use Permit
S = Site Plan Review
(2) Operational/Site Standards
Those recycling facilities permitted shall meet all of the applicable criteria
and standards listed. Those recycling facilities permitted with conditional use permit
shall meet the applicable criteria and standards provided that the Zoning Administrator
or Planning Commission, as the case may be, may grant an exception to said stricter
standards as an exercise of discretion upon finding that such modifications are reasonably
neces ry in order to implement the general intent of this section and would be
coml le with adjacent uses.
he criteria and standards for recycling facilities are as follows:
(i) Reverse Vending Machines
Reverse vending machines located outside a structure do not require
discretionary permits. Reverse vending machines do not require additional parking
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TYPE OF FACILITY
Reverse
Small
Large
Light
Heavy
Vending
Collection
Collection
Processing
Processing
District
Machine
Facility
Facility
Facility
Facility
AG
C/S
C/S
C/S
C/S
C/S
RA
X
X
X
X
X
EL
X
X
X
X
X
ES
X
X
x
X
x
RD
X
X
X
X
X
RM
X
X
X
X
X
MHP
P
S
X
X
X
PRD
P
S
X
X
X
PC
P
S
X
X
X
CT
P
S
X
X
X
CO
P
S
X
X
X
CN
P
S
S
X
X
CG
P
S
S
C
C
CM
P
S
S
C
C
MG
P
P
S
C
C
MP
P
P
S
C
C
IP
P
S
S
X
X
PR
X
X
X
X
X
OR
P
S
X
X
X
OS
X
X
X
X
X
SP
X
X
X
X
X
GM
X
X
X
X
X
FM
P
S
X
X
X
PD
P
S
S
X
X
X = Not Permitted
P = Permitted
C = Conditional Use Permit
S = Site Plan Review
(2) Operational/Site Standards
Those recycling facilities permitted shall meet all of the applicable criteria
and standards listed. Those recycling facilities permitted with conditional use permit
shall meet the applicable criteria and standards provided that the Zoning Administrator
or Planning Commission, as the case may be, may grant an exception to said stricter
standards as an exercise of discretion upon finding that such modifications are reasonably
neces ry in order to implement the general intent of this section and would be
coml le with adjacent uses.
he criteria and standards for recycling facilities are as follows:
(i) Reverse Vending Machines
Reverse vending machines located outside a structure do not require
discretionary permits. Reverse vending machines do not require additional parking
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spaces for recycling customers and may be permitted in the districts identified in Table
3-2 provided that they comply with the following standards:
a. 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 of San Juan Capistrano;
b. Shall be located near the entrance to the commercial structure and
shall not obstruct pedestrian or vehicular circulation;
C. Shall not occupy parking spaces required by the primary use;
d. Shall occupy no more than 50 square feet of floor space;
e. Shall be constructed of durable rustproof and water proof material;
f. Shall have sign area of a maximum of four (4) square fee per
machine exclusive of operating instructions;
g. Shall comply to illumination requirements in this code;
h. Shall be maintained in a clean, dry, and litter -free condition on a
daily basis;
i. Shall be clearly marked to identify the phone number of the
operator or responsible person if the machine is inoperative or in
violation of this code.
(ii) Small Collection Facilities
Small collection facilities may be located in the districts identified in
Table 3-2 and do not require additional parking spaces provided that they comply with
the following standards:
a. The facility 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 of
San Juan Capistrano;
b. The facility shall be no larger than 500 square feet and occupy no
more than five (5) parking spaces, not including space that will be
needed periodically for removal of materials or exchange of
containers, provided said parking spaces are not necessary to
satisfy the minimum on-site parking requirements of the Municipal
Code;
C. The facility shall be setback ten (10) feet from the street line and
shall not obstruct pedestrian or vehicular circulation;
d. The facility shall be in compliance with the requirements of
Chapter 3 of Title 9 of this Code;
e. Signs shall be in compliance with the requirements of Chapter 3 of
Title 9 of this Code;
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No additional king spaces will be required for customers of
small collection scilities;
g. Hours of operations will be restricted to the same as the host use;
h. Shall be clearly marked to identify the phone number of the
operator or responsible person if the machines are inoperative or in
violation of this code;
i. Site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis.
(iii) Large Collection Facilities
A large collection facility is one that is larger tha: 00 square feet, or is on a
separate property not appurtenant to ; host use, and wl. :nay have a permanent
building. Large collection facilities are ,-ermitted in the dis' identified in Table 3-2,
subject to approval of a site plan review and/or conditional permit, and the facility
shall meet the following standards:
a. The facility does not abut a property zoned or planned for
residential use;
b. The facility will be screened from the public right-of-way by
operating in an enclosed building or;
i Within an area enclosed by an opaque fence at Least six (6)
feet in height with landscaping;
ii At least 150 feet from property zoned or planned for
residential use;
C. Shall meet all development standards as required in Chapter 3 0
Title 9 of this Code;
d. Site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis.
(iv) Processing Facilities
A processing facility is permitted in specific districts as identified under Table
3-2 of this Title, subject to approval of a conditional use permit, and shall meet the
following conditions:
a. The facility does not abut a property zoned or planned for
residential use;
b. Processors will operate in a wholly enclosed building, except for
incidental storage or;
i Within an area enclosed on all sides by an op. .;e fence or
wall not less than six (6) feet in height and lan,�:,caped on all
street frontages;
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ii Located at least 150 feet from property zoned or planned for
residential use;
C. Operating hours shall be determined by the City through the
required permitting process;
d. Site shall be maintained free of litter and any other undesirable
materials, and will be cleaned of loose debris on a daily basis;
e. Shall meet all development standards as required in Chapter 3 of
Title 9 of this Code.
(d) Permitted Uses
Sections 9-3.401 through 9-3.423.5 of Title 9 of the Code of the City of San
Juan Capistrano, listing the permitted uses in the base districts are amended hereby to
add recycling facilities as provided for and defined in this section.
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 2nd day of July ,
1991.
KENNETH E. FRiESS, MAY R
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 689 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on June 18 , 1991, and adopted at
a meeting held on July 2 , 1991, by the following vote:
AYES: Councilmen Jones, Buchheim, Vasquez
and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: Councilman Hausdorfer
(SEAL) x/911 CHERYL XNqNb0N, CITY CLERK
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