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Ordinance - 1759• ORDINANCE NO: 1759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XI, BY AMENDING SECTION 26-597, AND ARTICLE XII, BY ADDING DIVISION 14, AS THEY RELATE TO RECYCLING REDEMPTION AND PROCESSING CENTERS. (Amendment No. 212) The City Council of the City of West Covina, California, does ordain as follows: DIVISION 14. RECYCLING REDEMPTION AND PROCESSING CENTERS Section 26-685.90. Purpose The purpose of this division'is to serve the need of the public for convenient recycling redemption and processing facilities, while guaranteeing the adequacy of the site for the use and for the protection of the surrounding properties through review and consideration of physical treatment and compatibility with surrounding properties. DEFINITIONS PERTAINING TO THIS DIVISION Section 26-685.91. 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 52250.11 and 25143.2(b)(4) of the California Health and Safety Code. Section 26-685.92. 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 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 is used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following: 1. 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 26-685.96. Collection facilities may include the following: 0 a. Reverse vending machine(s); Page 2 r� b. c. Small collection facilities which occupy an area of not more than 500 square feet, and may include: i. 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. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures. 2. A processing facility is a building of enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to 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: 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, 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. b. A heavy processing facility is any processing facility other than a light processing facility. Section 26-685.93. 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, 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 maching 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 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 a time, and will pay by weight instead of by container. Paqe 3 C� Section 26-685.94. 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. Section 26-685.95. Permits Required. No person or commercial business shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in the following table: Type of Facility Reverse Vending Machine Small Collection Large Collection Light Processing Heavy Processing Zones Permitted All Commercial All Industrial All Commercial All Industrial M-1, PAR Permit Required Planning Director's Modification (or minor revision to site plan approved by the Planning Director Unclassified Use Permit Unclassified Use Permit In addition to the permits described in the table, a reverse vending machine or a small collection facility may also be allowed in special zones which allow uses permitted in commercial or industrial zones with an unclassified use permit. Section 26-685.96. Development Standards. Those recycling facilities permitted with a Planning Director's Modification shall meet all of the applicable criteria and standards listed. Those facilities permitted with an unclassified 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 discretion upon a finding that such modifications are reasonably necessary to implement the general intent of this section and of the General Plan. The criteria and standards for recycling facilities are as follows: 1. Reverse vending machines located of a commercial structure do not Reverse vending machines do not spaces for recycling customers, commercial and industrial zones Modification, provided that they standards: within or under the roof line require discretionary permits. require additional parking and may be permitted in all with a Planning Director's comply with the following 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 West Covina. Page 4 b. Shall be located within 30 feet of the entrance to the commercial structure, and shall not obstruct pedestrian, handicapped 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 per installation, including any protective enclosure, and shall be not more than eight (8) feet in height; e. Shall be constructed and maintained with durable waterproof material; f. 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. g. Shall be maintained in a clean, vermin, and litter -free condition on a daily basis; h. Operating hours shall be at least the operating hours of the host use; i. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. j. Shall post a 12 foot by 12 foot sign which states the redemptive value offered. 2. Small collection facilities may be sited in commercial and industrial zones with an unclasified use permit provided they comply with the following conditions: a. 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 West Covina. b. Shall be no larger than 500 square feet, and occupy no more than five parking spaces. C. Shall be set back at least fifty (50) feet from an right-of-way line, unless deemed adequately screened by the Planning Commission, and shall not obstruct pedestrian or vehicular circulation; d. Shall accept only glass, metals, plastic containers, and papers; e. Shall use no power -driven processing equipment except for reverse vending machines: f. 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; • g. 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; Page 5 • • h. Shall be maintained free of vermin, litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, the area surrounding the facility shall be swept at the end of each collection day; i. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property; otherwise, noise levels shall not exceed 70 dBA. j. 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.; k. Containers for the 24-hour donation of materials shall be at least 75 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; 1. 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 of containers; M. The facility shall not impair the landscaping required for any concurrent use; n. 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; o. 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; p. 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: i. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; ii. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. A reduction in available parking spaces in an established parking facility may then be allowed as follows: Number of Available Parking Spaces 0-25 26-35 36-49 50-99 100-299 300 + Maximum Reduction 0 1 2 3 5 Page 6 q. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. r. All permits shall be reviewed and reapproved once every twelve (12) months for the first three (3) years, and once every three (3) years thereafter. S. The facility shall not be aesthetically displeasing. If • the Planning Commission finds the facility to exhibit a negative visual exposure, screening from public right-of-ways may be required, or it may have to be removed. t. Shall post a 12 foot by 12 foot sign which states the redemptive value offered. 3. 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 has a permanent building. A large collection facility is permitted in industrial zones with an unclassified use permit, provided the facility meets the following standards: a. Facility does not abut a property zoned or planned for residential use; b.- Facility will be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by a block wall at least six (6) feet in height with landscaping; C. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; d. 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. Oil storage must be in containers approved by the Fire Department and the State Department of Health Services. No storage, excluding truck trailers and overseas containers shall be visible above the height of the fencing from off -site; e. Site shall be maintained free of vermin, litter, and any other undesirable materials and will be cleansed of loose debris on a daily basis; f. 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 Planning Commission determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety; g. One (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone; h. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or • otherwise shall not exceed 70 dBA. i. 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.; Page 7 j. Any containers provided for after-hours donation of recyclable materials shall be at least 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; • k. Donation areas will be kept free of litter and any other undesirable material; 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; 1. The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; M. 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 unclassified use permit process if noise standards and other conditions are met. n. Shall post a 12 foot by 12 foot sign which states the redemptive value offered. 4. Light processing facilities and large processing facilities are permitted in M-1 and PAR zones with an unclassified use permit. A processor shall meet the following conditions: a. The facility shall not abut a property zoned or planned for residential use; b: In permitted zones, processors will operate in a wholly enclosed building, except for incidental storage, and within an area enclosed on all sides by a decorative block wall not less than eight (8) feet in height and landscaped on all street frontages; C. 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; d. A light processing facility shall be no larger than 45,000 square feet, and shall have no more than an average of two (2) outbound truck shipments of material per day; it may not shred, compact or bale ferrous metals other than food and beverage containers; e. 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; f. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located; • Page 8 g. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or materials can be baled or palletized. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the West Covina Fire Department and the State Department of Health Services. No storage, excluding truck trailers and • overseas containers, shall be visible above the height of the wall; h. Site shall be maintained free of vermin, 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 removel of materials when attendants are not present; i. Parking shall be provided as indicated by the zone in which the facility is located, providing that there are no fewer than ten (10) customer spaces, plus one (1) parking space for each commercial vehicle operated by the processing center; j. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA; k. 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 shall be administered by on -site personnel during the hours the facility is open; 1. Any containers provided for after-hours donation of recyclable materials shall be at least 100 feet from any property zoned or occupied for residential use; they shall be made of sturdy, rustproof construction; they shall have sufficient capacity to accommodate materials collected, and they shall be secure from unauthorized entry or removal of materials; M. 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 the no material shall be left outside the recycling containers; n. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; o. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties. p. Shall post a 12 foot by 12 foot sign which states the redemptive value offered. Section 26-685.97. Signage 1. Reverse vending machines shall have a sign area of a maximum of two (2) square feet per machine, exclusive of operating • instructions. 2. Small collection facilities may have signage provided as follows: Page 9 a. Identification signs with a maximum of sixteen (16) square feet, in addition to informational signs required by Section 26-685.66.(b)-(12); b:- The signs must be consistent with the architectural style and character of the location; is C. Directional signs, bearing no advertising message, may be installed on the site with the approval of the Planning Director,if deemed to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. 3. Large collection facilities and processing facilities shall have signs as provided for the zone in which they are located. Amend Section 26-597 by adding "Recycling Redemption and Processing Centers" to read as follows: Recycling redemp- tion and process- ing centers (see Article XII, Division 14) M M M M P R R F F F F 0 N C R S C C M I A P 0 A l 8 15 20 45 P C C C C 2 3 1 P R B S u u u u u u u u u u PASSED AND APPROVED this 23rd day of November , 1987. ATTEST: 0 City Clerk 'wall w4irm, • ' Page 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF WEST COVINA ) I, Helene M. Mooney, City Clerk of the City of West Covina, do here- by certify that the foregoing Ordinance No. 1759 was regularly in- troduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of November , 1987. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of Nov mbpr . 1987, by the following vote, to wit: AYES: Councilmember: Tennant, Bacon, Planners, Chappell NOES: Councilmember; None ABSENT: Councilmember: Shearer APPROVED AS TO FORM: City Attorney • City Clerk CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 7S was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Ca ornia DATED: S •T �'