Davis Municipal Code Art. 32.03 Adequate Areas for Collecting Recyclable Materials and Organic Waste

For purposes of this article, the definitions in Article 32.01 apply and in addition the following terms shall be defined as follows:

Development project.

Any of the following:

(1)

A project for which a building permit is required for a commercial, industrial or institutional building, public facility, or residential building having five or more living units, where solid waste is collected and loaded, and any residential project where solid waste is collected and loaded in a location serving five or more living units.

(2)

The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts, there is an area where solid waste is collected and loaded in a communal location. In such instances, recycling areas as specified in this article are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

Improvements.

An addition made to property or to a facility which adds value to the property or facility, prolongs its useful life, or adapts it to new use. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

(Ord. 1765 § 1; Ord. 2562 § 2, 2019; Ord. 2614 § 4, 2021)

(a) Any new development project for which an application for a building permit is submitted shall include adequate, accessible, and convenient areas that provide access for collecting and loading materials in all areas where disposal containers are provided.

(b) Any existing development project for which an application for a building permit is submitted for an improvement as defined in Section 32.03.010 or modifications that add thirty percent or more to the existing floor area shall include adequate, accessible and convenient areas for collecting and loading recyclable materials and organic waste materials in all areas where disposal containers are provided.

(Ord. 1765 § 1; Ord. 2614 § 4, 2021)

(a) The location, size, and design of the waste collection areas shall be subject to the review and approval of the community development and sustainability department in consultation with the fire department and the public works department.

(b) Areas for recycling and organic waste shall be adequate in capacity, number, and distribution to serve the development where the project occurs and collect all the recyclable materials and organic waste generated onsite.

(c) Dimensions of the recycling areas shall accommodate receptacles sufficient to meet the recycling and organic waste collection needs of the development project.

(d) An adequate number of bins or containers to allow for the collection and loading of recyclable materials and organic waste generated by the development should be located within or adjacent to each of the waste collection of development projects.

(e) Any recycling areas and organic waste areas shall be located so they are at least as accessible and convenient as the locations where trash is collected and loaded.

(f) Recycling areas and organic waste areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation in accordance with city standards and shall comply with all applicable federal, state or local laws.

(g) Recycling areas or organic waste areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

(h) The city recommends, but does not require, that applicants consider security to prevent the theft of recycling materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

(Ord. 1765 § 1; Ord. 2614 § 4, 2021)

(a) Multifamily complexes must site at minimum two recycling carts and one organic waste receptacle within, or next to, each trash enclosure.

(b) Any project which proposes to site fewer than three carts per enclosure shall submit written explanation as to the basis for requesting an exemption. The community development and sustainability department in consultation with the public works department shall make the determination of whether or not the exemption should be granted.

(Ord. 1765 § 1; Ord. 2562 § 3, 2019; Ord. 2614 § 4, 2021)

In addition to any other requirements of this chapter, the following requirements also apply:

(a) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city's permit approval, comply with the following:

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of dark blue container, light blue container, split blue container, and green container materials, consistent with the collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.

(2) Where new commercial construction or additions will result in more than thirty percent of the floor area, provide readily accessible areas identified for the storage and collection of dark blue container, light blue container, split blue container, and green container materials, consistent with the collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.

(b) For organic waste commingled with construction and demolition debris, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.

(Ord. 1765 § 1; Ord. 2562 § 4, 2019; Ord. 2614 § 4, 2021)

Enforcement of this article shall by pursuant to Section 32.01.125 of this Code.

(Ord. 2614 § 4, 2021)