4887ORDINANCE NO. 4887
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 18.95 TO TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO RECYCLING
FACILITIES.
WHEREAS, the City Council desires to make redemption and
recycling of reusable materials convenient to the consumer in
order to reduce litter and increase the recycling of reusable
materials; and
WHEREAS, the City Council desires to encourage the
provision of recycling services by adopting a comprehensive and
easily understood program of permitting and regulating such uses;
and
WHEREAS, the City Council finds that the amendments
contained in this ordinance are necessary to provide for
implementation within the City of Anaheim of the California
Beverage Container Recycling and Litter Reduction Act; and
WHEREAS, a Negative Declaration has been approved for the
proposed zoning ordinance amendment in compliance with the
California Environmental Quality Act and State and City
environmental review guidelines; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended by adding Chapter 18.95 to read as follows:
"CHAPTER 18.95
RECYCLING FACILITIES
SECTION 18.95.010 DEFINITIONS
For purposes of this chapter,
the following words, terms and phrases shall have the
following meanings:
.010 Collection Facility. 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 permitted in
Section 18.95.030.010. Collection facilities include the
following:
(a) Reverse Vending Machines;
(b) Small collection facilities
which occupy an area of not more than five hundred (500)
square feet and may be:
(1) A Mobile unit;
(2) Bulk reverse vending
machines or a grouping of reverse vending machines
occupying more than fifty (50) square feet;
(3) Kiosk type units which may
include permanent structures; and
(c) Large collection facilities
which may occupy an area of more than five hundred (500)
square feet and may include permanent structures.
.020 Mobile Recycling Unit. A
mobile recycling unit is a collection aci ity composed
of a truck, trailer, or van, licensed by the California
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.
.030 Processing Facility. A
processing facility is a building or enclo 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
processing facility may be either:
(a) A light processing facility
which occupies an area of under forty-five thousand
(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; or
(b) A heavy processing facility
which is any processing facility other than a light
processing facility.
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.040 Recycling Facility. A
recycling facility is a center for the collection and/or
processing of recyclable material. A certified
collection facility or certified processor means 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. 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
collection facilities and processing facilities as
defined in this chapter.
.050 Recyclable Material.
Recyclable material is reusable material inc uding, 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.
.060 Reverse Vending Machine. A
reverse vending machine is an automate mec anical 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. In order to
accept and temporarily store all three (3) 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 fifty (50) square feet; is designed to
accept more than one container at a time; and will pay by
weight instead of by contained.
SECTION 18.95.020 PERMITS REQUIRED; ZONING
DESIGNATION
No person shall place or permit
the placement, construction, or operation of any
recycling facility without first obtaining the following
permits:
.010 Administrative Use Permit.
Reverse vending machines (except those located entirely
within a structure) and small collection facilities are
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permitted with an Administrative Use Permit when located
in the following commercial and industrial zones: "CL"
Commercial, Limited Zone, "CG" Commercial, General Zone,
"CH" Commercial, Heavy Zone, "MH" Heavy Industrial Zone,
and "ML" Limited Industrial Zone.
.020 Conditional Use Permit. Large
collection facilities are permitted with a conditional
use permit when located in the following commercial and
industrial zones: "CL" Commercial Limited Zone, "CG"
Commercial, General Zone, "CH" Commercial, Heavy Zone,
"MH" Heavy Industrial Zone, and "ML" Limited Industrial
Zone, and processing facilities are permitted with a
conditional use permit when located in the following
industrial zones: "MH" Heavy Industrial Zone, and "ML"
Limited Industrial Zone.
SECTION 18.95.030 CRITERIA AND STANDARDS.
No recycling facility shall be
located, operated or maintained within the City of
Anaheim except in compliance with all of the following
provisions:
.010 Reverse Vending Machines.
Reverse vending machine locations shall meet t e
following conditions:
(a) An Administrative Use Permit
shall be obtained and kept in effect at all times;
(b) Shall be located only in those
zones as set forth in Section 18.95.020 of this chapter;
(c) Shall be established in
conjunction with a commercial use or community service
facility which is in compliance with the zoning,
building, fire code, and other applicable codes of the
City of Anaheim;
(d) Shall be located within thirty
(30) feet of the entrance to the commercial structure and
shall not obstruct pedestrian or vehicular circulation;
(e) Shall not occupy parking spaces
required by the host use;
(f) Shall occupy no more than fifty
(50) square feet of floor space per installation,
including any protective enclosure, and shall be no more
than eight (8) feet in height;
(g) Shall be constructed and
maintained with durable waterproof and rustproof material;
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(h) 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;
(i) Each machine may have an
identification sign area not to exceed four (4) square
feet per machine, exclusive of operating instructions;
(j) Shall be maintained in a clean,
litter -free condition on a daily basis;
(k) Operating hours shall be at
least the operating hours of the host use;
(1) Shall be illuminated to ensure
comfortable and safe operation if operating hours are
between dusk and dawn, and shall comply with provisions
set forth in Chapter 18.06 of the Anaheim Municipal Code
relating to lighting of parking areas adjoining
residential zones;
(m) Setback requirements for the
zone in which the facility is located shall be observed;
(n) Equipment shall not be
installed within seventy-five (75) feet of any
residential structure; and
(o) Shall comply with the
provisions set forth in Chapter 6.70 of the Anaheim
Municipal Code relating to Sound Pressure Levels.
.020 Small Collection Facilities.
Small collection facilities shall meet the following
conditions:
(a) An Administrative Use Permit
shall be obtained and kept in effect at all times;
(b) Shall be located only in those
zones as set forth in Section 18.95.020 of this chapter;
(c) Shall be established in
conjunction with an existing commercial use or community
service facility which is in compliance with the zoning,
building, fire codes, and other applicable codes of the
City of Anaheim;
(d) 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;
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(e) Setback requirements shall be
those provided for in the zone in which the facility is
located and shall not obstruct pedestrian or vehicular
circulation;
(f) Shall accept only glass,
metals, plastic containers, papers and reusable items;
(g) Shall use no power -driven
processing equipment except for reverse vending machines;
(h) 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 materials,
and shall be of a capacity sufficient to accommodate
materials collected and collection schedule;
(i) 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;
(j) 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;
(k) Shall comply with the
provisions and limitations set forth in Chapter 6.70 of
the Anaheim Municipal Code relating to Sound Pressure
Levels;
(1) Attended facilities located
within 75 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.;
(m) 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;
(n) Signs may be provided as
follows:
(1) Recycling facilities may
have identification signs with a maximum of 20 percent
per side or 16 square feet, whichever is larger; and
(2) Signage shall identify only
the recycling facility.
(o) No additional parking spaces
will be required for customers of a small collection
facility located at the established parking lot of a host
use;
(p) 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;
(q) Occupation of parking spaces by
the facility may not reduce available parking spaces
below the minimum number required by the Municipal Code
for the host use unless all of the following conditions
exist:
(1) The facility is located in
a convenience zone or a potential convenience zone as
designated by the California Department of Conservation;
(2) A parking study approved by
the City Traffic Engineer shows that existing parking
capacity is not already fully utilized during the time
the recycling facility will be on the site; and
(3) The permit will be subject
to review at the end of eighteen (18) months.
A reduction in available
parking spaces in an established parking facility may
then be allowed as follows for the host use:
Number of Available Maximum
Parking Spaces Reduction
0-25 0
26-35 2
36-49 3
50-99 4
100+ 5
If the permit expires without
renewal, the collection facility shall be removed from
the site on the day following permit expiration.
.030 Large Collection Facilities. A
large collection facility shall meet the following
conditions:
(a) A conditional use permit shall
be obtained and maintained in effect at all times;
(b) Shall be located only in those
zones set forth in Section 18.95.020 of this chapter;
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(c) Shall not abut property zoned
or occupied for residential use;
(d) Where outdoor storage areas are
permitted by the particular zone, the following shall
apply and shall supercede any less restrictive provisions
applicable to that zone:
(1) The area shall be enclosed
to a height of not less than six (6) feet in height by a
solid masonry or building wall, chain link fence entirely
interwoven with redwood or cedar slats, landscaped
earthen berm or any combination thereof; and
(2) The storage area shall be
located a minimum of 150 feet from property zoned or
occupied for residential use.
(e) Setbacks and landscape
requirements required in each applicable zone in which
the facility is located shall be observed;
(f) All exterior storage of
material shall be in sturdy containers, enclosures which
are covered, secured, and maintained in good condition or
may be baled and palletized. Storage containers for
flammable material shall be constructed of non-flammable
material. No storage shall be visible above the height
of the fencing;
(g) Site shall be maintained free
of litter and any other undesirable materials, and will
be cleaned of loose debris on a daily basis;
(h) Off street parking and loading
requirements shall comply with the provisions of Chapter
18.06 "Vehicle Parking and Loading Requirements";
(i) Facility shall comply with the
provisions and limitations set forth in Chapter 6.70 of
the Anaheim Municipal Code relating to Sound Pressure
Levels;
(j) If the facility is located
within 500 feet of property zoned or occupied for
residential use, it shall not be in operation between
7:00 p.m. and 7:00 a.m.; and
(k) Sign shall comply with all
applicable provisions of Title 4, Chapter 4.04 and Title
18, Chapter 18.05 of the Anaheim Municipal Code.
.040 Processing Facilities.
Processing facilities shall meet the following conditions:
WE
(e) All exterior storage of
material shall be in sturdy containers, enclosures which
are covered, secured, and maintained in good condition or
may be baled and palletized. Storage containers for
flammable material shall be constructed of non-flammable
material. No storage, excluding truck trailers and
overseas containers, will be visible above the height of
the fencing;
(f) Site shall be maintained free
of 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 removal of materials
when attendants are not present;
(g) 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 or the peak load, whichever
is higher, except where the Zoning Administrator
determines that allowing overflow traffic is compatible
with surrounding businesses and public safety;
(h) One (1) parking space will 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;
(i) Shall comply with the
provisions set forth in Chapter 6.70 of the Anaheim
Municipal Code relating to Sound Pressure Levels;
(j) If the facility is located
within five hundred (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 of the
facility is open;
WIC
(a)
A conditional use
permit shall
be obtained and
maintained
in effect at all
times;
(b)
Shall be located
only in those
zones set forth
in Section
18.95.020 of this
chapter;
(c)
Facility shall not
abut a
property zoned or
occupied
for residential
use;
(d)
Facility shall be
located a
minimum distance
of one hundred
fifty (150)
feet from
property zoned or
occupied
for residential
use;
(e) All exterior storage of
material shall be in sturdy containers, enclosures which
are covered, secured, and maintained in good condition or
may be baled and palletized. Storage containers for
flammable material shall be constructed of non-flammable
material. No storage, excluding truck trailers and
overseas containers, will be visible above the height of
the fencing;
(f) Site shall be maintained free
of 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 removal of materials
when attendants are not present;
(g) 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 or the peak load, whichever
is higher, except where the Zoning Administrator
determines that allowing overflow traffic is compatible
with surrounding businesses and public safety;
(h) One (1) parking space will 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;
(i) Shall comply with the
provisions set forth in Chapter 6.70 of the Anaheim
Municipal Code relating to Sound Pressure Levels;
(j) If the facility is located
within five hundred (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 of the
facility is open;
WIC
(k) Any containers provided for
after-hours donation of recyclable materials will 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;
(1) 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. Facility shall
display a notice stating that no material shall be left
outside the recycling containers;
(m) Signing shall comply with all
applicable provisions of Title 4, Chapter 4.04 and Title
18, Chapter 18.05 of the Anaheim Municipal Code. In
addition, the facility will be clearly marked with the
name and phone number of the facility operator and the
hours of operation; and
(n) All uses shall be conducted in
a manner so as not to be objectable by reason of noise,
odor, dust, fumes, smoke, vibrations or other similar
causes."
SECTION 2. PENALTY
It shall be unlawful for any person, firm or corporation
to violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 8th day of December, 1987.
��-qa.�
MAYOR OF THE CITY OF AN HEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JWF:fm
2041L
101587
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4887 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the lst day of December, 1987,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 8th day of December, 1987, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4887 on the 8th day of December, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 8th day of December, 1987.
CITY CLERK OF THE CITY OF ANAHEI
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4887 and was published once in the
Anaheim Bulletin on the 18th day of December, 1987.
CITY CLERK