Loading...
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 -1- M 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. -2- (7) Large Collection Facility 5 ` . 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. -3- 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 -4- 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 -4- 1 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; -5- 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; M a 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: M 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 10