ORD-07-89 ALLOWS RECYCLING CENTERS FOR BEVERAGE CONTAINERS IN THE C-1, C-2, C-3, M-1, M-2 DISTRICTSORDINANCE NO. 7-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING AN AMENDMENT
TO THE ZONING CODE TO ALLOW
RECYCLING CENTERS FOR BEVERAGE CONTAINERS IN
THE C-1, (LIMITED COMMERCIAL),
C-2 (GENERAL
BUSINESS), C-TR (COMMERCIAL-
TUSTIN REDEVELOPMENT), C-3 (COMMERCIAL),
M-l LIGHT MANUFACTURING), AND M-2 (
INDUS-TRIAL) DISTRICTS IN THE CITY OF ORANGE.WHEREAS,
in 1986, the State Legislature adopted the Beverage Container Recycling and
Litter Reduction Act, (AB 2020) with a goal to recycle 80%
of the beverage containers made of glass, aluminum and plastic and
to reduce the amount of material
which would otherwise end up in landfills; and WHEREAS, the
City Council desires that there shall be compli-ance with the state
law, and the provisions of this Ordinance gener-ally follows the State'
s Model Ordinance except that the City's version has been
modified to require the issuance of a Conditional Use Permit to give
the City greater control over the placement of recycling
facilities, and to allow for pUblic input; and WHEREAS,
this Ordinance, when adopted, will allow a limited
number of State-mandated recycling facilities and provide for larger
recycling facilities in the M-l and M-2
Districts; and WHEREAS, the Zoning Administrator will review and
decide on
all requests for Conditional Use Permits for recycling and processing facilities.
NOW, THEREFORE,
the City
Council of the city of Orange ordains as follows:SECTION I:Amend
Section 17.04.190 to the Orange Municipal Code
to insert those definitions relating to the recovery
of recyclable materials between the
definitions
of "Recreational Vehicle Park" and Restaurant", to read as follows:Insert:
1. Recvclina Facilitv - A RECYCLING FACILITY is a center for
the collection and/or processing of recyclable materials. Acerti-fied recycling facility or certified processor means a
recycling facility certified by the California Department of
Conservation as meeting the requirements of the California Beverage ContainerRecyclingandLitterReductionActof1986. 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 ofmaterialgeneratedbythatresidential
l_....~_~_A.
Collection Facilitv - A collection facility is a center for
the acceptance by donation, redemption, or purchase, of
recyclable materials from the public. Such facility does
not use power-driven processing equipment except as
indicated in Section 4, criteria and Standards. Collection facilities
may include the following:1.
Reverse Vending Machine(s):2.
Small collection facilities which occupy an area of not
more than 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 50 square
feet;c)
Kiosk type units which may include permanent structures;
d)
Unattended containers placed for the donation of
recyclable materials.3.
Large collection facilities which may occupy an area of
more than 500 square feet and may include permanent structures.
B.
processina Facilitv - 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, briquet-ting,
compacting, flattening, grinding, crushing, or mechan-ical
sorting, shredding, cleaning, and re-manufacturing.
Processing facilities include the following:
1. 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
material 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.
2. A heavy processing facility is any processing
facility other than a light processing facility.
C. Reverse Vendina Machine(s) - A reverse vending machine
is an automated mechanical device which accepts at least
one or more types of empty beverage containers, includ-ing
but not limited to aluminum cans, glass and plastic bottles,
and issues a cash refund or a redeemable credit slip ORD.
NO. 7-89 2-
n_____---"----_______l 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 propor-tion commensurate
with their relative redemption rates, and to meet the
requirements of certification as a recycling facil-ity, 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.D. Mobile
Recvclina 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.2. Recvclable Material -
Recyclable material is reusable material including but not limited
to metals, glass, plastics and paper,which are intended for
reuse, re-manufacture, 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.SECTION
II:Amend
sections 17.
42.020 and on 17.42.030 of Chapter 17.42,C-l Limited
Business District, to add the following:17.42.
030 Uses Permitted.Add:H.
The
establishment of a reverse vending machine totally enclosed within
a commercial structure.17.42.
040 - Uses Reauirina a Conditional Use Permit.Add:N. The
establishment
or expansion of a Collection Facility including reverse vending
machine(s) located outside a structure). A single
Conditional Use Permit may be granted to allow more than
one reverse vending machine or small collection facility located
on different sites under the following conditions:a)
The operator
of each of the proposed facilities is the same;3-
ORD. NO.
7-89
b) The proposed facilities aredetermined
to
be similar in nature, size and intensity of activity;
and c) The applicable development standards set forth
in this section are met for each such
proposed facility.In reviewing a Conditional Use Permit request,
the following development standards shall apply:A. Reverse Vendina
Machine(s).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 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 floor space per installation, including any protective enclosure, and
shall be no more than eight feet
in height;5. 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;6.
Shall have a sign area of
a maximum of four (4) square feet per machine located on the machine,
exclusive of operating instructions;7. Shall be maintained in
a clean,
litter-free condition on a daily basis;8. Operating hours
shall be at
least the operating hours of the host use;9. Shall be
illuminated to ensure
comfortable and safe operation if operating hours are between
dusk and dawn.B. Small Collection Facilities.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;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
meet the setback requirements
of the base zone;ORD. NO. 7-89 4-
4. Shall not obstruct pedestrian or vehicular circulation;
5. Shall accept only glass, metals, plastic containers,
papers and reusable items; used motor oil may not be
included;
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
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;
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 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 materials 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
opera-tion, 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 greater, in addition to informational
signs required in Section 17.71.050-
B.12;b) Signs must
be non-illuminated.14. The facility shall not be located
in
any required landscaping;15. No additional parking
will be required;5-
L...____.__~_..
16. 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;
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;
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;
c) A maximum reduction in available parking space in an
established parking facility may be allowed as follows:
Number of Available
Parking Spaces
Maximum
Reduction
1-
25
26-
35
36-49 50-
99
100
and
up
o
2 3 4 5 A maximum reduction of five (5)
spaces will be allowed when not in conflict with parking needs
of the host use.
C. Larae Collection Facilities.1. The facility shall be screened
from the
public right-of-way by:a) Operating
in an enclosed building; of b) Within an area enclosed by an
opaque fence or wall a minimum six (6) feet in
height, and including a land-scaping planter a minimum three (
3) feet
in width and landscaping; or c) At least 150
feet from property zoned residential.2. The facility shall not be located
in any of the required
landscaping for the host use;3. The facility shall not be located
in any of the required
setbacks of the base zone: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 nonflammable material.No storage,
excluding truck trailers and overseas containers, will be visible
above
the height of the
5. The site shall be maintained free of litter on a daily
basis;
6. Noise levels shall not exceed the levels established by
Chapter 8.24 of the Orange Municipal Code.
7. If the facility is located within 500 feet of property
zoned residential, it shall not be in operation between
7:00 p.m. and 7:00 a.m.;
8. Space will be provided on site for six (6) vehicles to
circulate and to deposit recyclable materials;
9. Any containers provided for after-hours donation
of recyclable materials shall meet the
following:a) Be located at least 50 feet from any residential
use;b) Be sturdy and rust proof construction and shall
have sufficient capacity to accommodate materials
collected;c) Be secured from unauthorized entry or removal
of
material;d) Be clearly marked to identify the type of
material that may be
deposited;e) Be clearly marked that no material is to be
left outside the
containers.10. Facility will 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;11. 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 are permitted
if noise and other conditions
are met.
section III:Amend sections 17.43.020 and 17.43.030 of Chapter 17.
43, C-TR Limited Business District Tustin Redevelopment Project
Area, to add
the following subsections:17.43.
020 Uses Permitted.G. The establishment of a reverse
vending machine totally enclosed within
a commercial structure.7-
1.__
17.43.030 Uses Reauirina A Conditional Use Permit.
Add:
N. The establishment or expansion of a Collection Facility
including reverse vending machine(s) located outside a
structure) and each Facility will conform to the
standards specified in the C-l District
section 17.42.
040-M.
section V:Amend Section 17.45.040 of Chapter 17.45,
C-3 Commercial District, to add
the following subsection:17.45.040 Uses Reauirina
Conditional Use Permit:E. The establishment or expansion of
a Collection Facility including reverse vending machine(s)
located outside a structure) and each Facility will
conform to the standards specified in the
C-l District
section 17.
42.040-M.section VI:Amend section 17.46.040 of
Chapter 17.46, Ml Light Manufacturing District,
to add the following subsections:17.46.040 Uses Permitted Sub;ect
to
a Conditional Use Permit.Add:M. The establishment or
expansion of a Collection Facility Including reverse vending
machine(s) located outside a structure) within 300
feet of a residential zone.N. The establishment or
expansion of a Light Processing or a Heavy Processing Facility
within 300
feet of a residential zone.In reviewing a Conditional
Use Permit, the following
develop-ment standards shall apply:1. A Processing Facility will
operate in a wholly enclosed building or within an area enclosed on
all sides by a wall unit not less than
eight (8) feet in height;2. 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;3. A processing
facility may accept used motor oil for recycling
from the generator in accordance with section 2520.11
of the California Health
4. Setbacks and landscaping requirements shall be those
provided for the zoning district in which the facility is
located;
5. All exterior storage of material shall be in sturdy
containers or enclosures which are covered, secured, and
maintained in good condition. Storage containers for flam-
mable material shall be constructed of nonflammable material.
oil storage must be in containers approved by the Fire Depart-
ment. No storage, excluding truck trailers and overseas
containers, will be visible above the height of the fencing;
6. site shall be maintained free of litter and will 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;
7. No dust, fumes, smoke, vibration or odor above ambient
level may be detectable on neighboring properties;
8. Parking requirements will be that of the base zoning;
9. The facility will be administered by on-site
personnel during the hours the facility is
open;10. Any containers provided for after-hours
donation of recyclable materials shall meet
the following:a. Be sturdy and rust proof construction and
shall have sufficient capacity to accommodate
materials collected;b. Be secured from unauthorized entry or
removal
of material;c. Be clearly marked to identify the type
of material that may
be deposited;d. Be clearly marked that no material is to
be left outside
the containers.11. Sign requirements shall be those of the
base zoning district. In addition, facility will be
clearly marked with the name and phone number of the
facility operator and the hours
of operation.
Section VII:Amend Section 17.94.050 of Chapter 17.94,
Zoning Adminis-trator, to add the
following subsection:17.94.050 Applications for Certain Conditional
Use
Permits.Add:J. Permits for Collection Facilities
or Processing Facilities subject to standard set forth
in Section 17.42.040
Subsection M.9-ORD.
section II:
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the Orange City
News, a newspaper of general circulation, published, and circulated
in the City of Orange. The City Clerk shall post in the Office of
the city Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting
or and against the Ordinance in accordance with Government Code
Section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 14th day of March 1989.
j
Mayor of t e ity of Orange
ATTEST:
JJuvu~) ~ ~~~
City Cler of t ~y of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on the
28th day of Februarv , 1988, and thereafter at the regular
meeting of said City Council duly held on the 14th day of
March , 1989, was duly passed and adopted by the following
vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH,
BEYER, COONTZ
NOES:COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:
I'f1u1k"~' -Pc ~P41
city Clerk th Citf of Orange
ORD. NO. 7-89