Barstow Municipal Code Ch. 6.21 Trash and Recycling Enclosures

Footnotes:

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Editor's note— Ord. No. 968-2020, § 16, adopted Oct. 19, 2020, repealed the former Ch. 6.21, §§ 6.21.010—6.21.080, and enacted a new Ch. 6.21 as set out herein. The former Ch. 6.21 pertained to refuse and recycling enclosures and derived from Code 1969, §§ 6.21.010—6.21.080; and Ord. No. 691, § 1(part), adopted in 1993.

State Law reference— California Integrated Waste Management Act of 1989, Public Resources Code § 40050 et seq.

(a) As required by the Integrated Waste Management Act (AB 939), each city and county must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities.

(b) Diverting 50 percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

(c) As indicated under Public Resources Code §§ 42900 through 42911, the lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This chapter has been developed to meet that need.

(Ord. No. 968-2020, § 16, 10-19-2020)

City staff shall review the adequacy of trash and recycling enclosures for all projects in accordance with established guidelines. This shall be completed through the design review process.

(Ord. No. 968-2020, § 16, 10-19-2020)

This chapter shall apply to all new development projects meeting the requirements described in section 6.21.020 and existing developments, including, but not limited to, tenant improvements with a valuation in excess of $5,000.00.

(Ord. No. 968-2020, § 16, 10-19-2020)

In certain cases, implementation of this chapter could pose undue hardships upon parcels of land which comply with local zoning ordinances; however, these parcels may not provide adequate space for the recycling enclosure. In those cases, reviewing body (which is the city manager or his/her designee for ministerially approved projects and the planning commission for discretionary projects), may reduce or modify the extent of the requirements in accordance with the following criteria:

(1) All requests shall be made in writing by the applicant or authorized agent directly to the reviewing body.

(2) All requests shall include basic facts and information regarding the need to make a modification.

(3) Such review shall be limited to slopes, adequate space, etc., and shall not take into consideration economic conditions.

(4) The reviewing body shall make a determination based upon the finding that although the site for the intended use is adequate in size and shape to accommodate the use and that all of the yards, setbacks, walls or fences, landscaping and other features required have been met, however adequate space, extreme slope, etc., will not allow for a recycling enclosure, or for an enclosure of the scope recommended by the guidelines.

(Ord. No. 968-2020, § 16, 10-19-2020)

In cases where a development agreement has been approved for a project, and the agreement does not include facilities for recycling enclosures, the agreement shall govern.

(Ord. No. 968-2020, § 16, 10-19-2020)

(a) The regulation of recyclables pertaining to collection, transport and disposal shall be conducted by the city council for the purpose of collecting, transporting and disposing of trash. All pertinent regulations contained under chapter 6.20 shall apply to recyclable materials as necessary.

(b) A recycling plan containing the following information shall be submitted to the solid waste department for review and approval prior to issuance of certificate of occupancy or business license should an applicant choose to conduct his or her own recycling on site:

(1) Identification of targeted materials to be recycled.

(2) Collection frequency of trash collection, recycling service, and organic materials recycling.

(3) Provide method for tracking/quantifying recyclable materials and organic materials.

(4) Method of program promotion and communication with tenants and/or employees.

(Ord. No. 968-2020, § 16, 10-19-2020; Ord. No. 984-2021, § 30, 12-6-2021)

All enclosures for trash and/or recyclables, and organic materials shall be in conformance with and subject to the trash and recyclables enclosure guidelines. The guidelines may be revised as necessary by the city. Said guidelines are adopted by reference in this chapter.

(Ord. No. 968-2020, § 16, 10-19-2020)

(a) Compliance with this chapter shall be subject to review and approval by the city prior to issuance of a permit, business license or certificate of occupancy.

(b) Any violation or failure to comply with any of the provisions of this chapter shall constitute sufficient grounds for refusal of a permit, license, or certificate of occupancy.

(Ord. No. 968-2020, § 16, 10-19-2020; Ord. No. 984-2021, § 31, 12-6-2021)