Commerce Municipal Code Div. 14 Incinerators

A. Trash incinerators are regional facilities that can be a cost-effective and efficient means of disposing garbage. However, they can generate traffic, dust, smoke, and odors that are disturbing to other land uses and residents. Therefore, incinerators are not appropriate in all zone districts or on some parcels within any given zone district.

B. Solid waste facilities as defined in Public Resources Code 40194, inclusive of incinerators, shall be limited to one facility per twelve thousand residents of the City of Commerce, as shown by the last available U.S. Census. This provision shall have no effect on the continued operation of those facilities in existence and operational as of May 21, 1998, except that those facilities shall be counted in determining whether a new facility may locate in the city.

C. In order to mitigate the adverse and nuisance side effects of trash incinerators, all existing facilities shall be subject to the following restrictions, in addition to the development standards of the zone in which a facility is located:

1. No incinerator shall be located within one thousand feet of any residential zone, church, school, or park.

2. Prior to issuance of a building permit, the owner or operator of the incinerator shall obtain all necessary permits from the South Coast Air Quality Management District, Air Resources Board, Solid Waste Management Board, and the California Department of Health Services. Maintenance of these permits in full force and effect shall be a condition of approval for the incinerator.

3. An incinerator facility shall obtain a valid conditional use permit prior to the beginning of construction or operation.

4. Each incinerator shall provide adequate off-street space for trash trucks to await unloading or loading at the incinerator. Determination of the amount of queuing area required shall be based on the operating characteristics of the facility, but will in no case be less than sufficient space for three trucks.

5. Each incinerator shall be completely surrounded by a view-obscuring fence or masonry wall at least eight feet high.

6. The minimum lot size for an incinerator facility shall be three acres.

7. The facility shall be operated and maintained so that it is free from infestations of rodents, insects, and/or other animals that represent a health hazard to surrounding uses.

(Ord. 544 § 1(part), 2000).