Division 17 — CALIFORNIA REDEMPTION VALUE (CRV) RECYCLING COLLECTION FACILITY

It is the purpose of this section to provide regulations and standards which pertain to the review, construction and operation of CRV recycling facilities within the City. The placement, construction or operation of any recycling facility, as defined herein, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section.

The Director of Planning or designee is authorized to approve or deny California Redemption Value (CRV) Recycling Collection Facility through the process of minor use permit review applications, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for installation and maintenance of landscaping and erosion control measures; requirements for vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 57, 10-25-22)

Applications for recycling facility permits shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Planning Division. The CRV recycling facilities shall be reviewed through a minor administrative site plan and minor use permit application. No application shall be considered by the approving body until the application is determined to be complete and all required fees have been paid to the City.

(a)

California Redemption Value (CRV) means a regulatory fee paid on recyclable beverage containers in California.

(b)

Convenience zone means that area within a one-half mile radius of a supermarket as designated by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code § 14500 et seq.).

(c)

A supermarket is a retail establishment selling food, conveniences, and household goods with an area of no less than 35,000 square feet of gross floor area.

(1)

Recyclable material means reusable material including, but not limited to, metal, glass, plastic and paper.

(2)

Recycling facility means a structure or group of structures for the collection of recyclable materials and certified as a recycling facility by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. CRV recycling facilities include the following:

a.

Reverse vending machine means one or more automated mechanical devices, which occupy a space no larger than 342 square feet, and which are used for the collection of one or more recyclable materials in return for a cash refund or redeemable credit slip with a value not less than the redemption value as determined by the California Department of Conservation.

b.

Mobile recycling unit means a kiosk, bin or portable container, occupying a space less than 342 square feet, and which are used for the collection and redemption of recyclable materials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain permanent structures associated with the mobile recycling unit as provided in this section.

(a)

One CRV recycling facility, capable of redeeming all forms of recyclable materials as provided herein, shall be allowed in each convenience zone. In the event two or more permit applications are received within one convenience zone which does not have an existing CRV recycling facility, the Director of Community Development may, in his/her discretion, choose which application best meets the needs of the community based on those factors including, but not limited to, convenience of use, pedestrian and vehicular traffic safety, aesthetic compatibility, etc.

(b)

In the event that two or more convenience zones overlap, one CRV recycling facility shall be permitted in the area of such overlap to service both zones, unless it can be demonstrated to the satisfaction of the Director of Community Development that such area of overlap is not available or amendable to meet all of the placement criteria as provided in this section.

(c)

Two or more recycling centers may be allowed within a convenience zone if, in addition to all criteria provided in this section, approval is granted pursuant to the provisions of a minor use permit and minor administrative site plan applications.

The placement, construction and operation of CRV recycling facilities, shall be subject to the following development standards:

(1)

CRV recycling facilities shall be established in conjunction with an existing commercial use which is in compliance with the current development, building, and fire codes and is located within a convenience zone in an area zoned for commercial or industrial uses.

(2)

CRV recycling facilities shall be setback at least 50 feet from any street frontage, as measured from the curb face.

(3)

CRV recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special curb/walkways, drive aisles, bollards, safety lighting, etc.).

(4)

CRV recycling facilities shall be designed in a manner consistent with the architectural and site plan of the associated commercial use, including, but not limited to, exterior materials, color and landscaping.

(5)

CRV recycling facilities shall be designed with related permanent enclosures. The facility shall also provide an overhead trellis or arbor with landscaping over the front portion of the facility to shade the customers and attendant.

(6)

CRV recycling facilities that are operated by an on-site attendant shall be provided access to the facilities of the associated commercial use (i.e., restrooms, drinking fountains, etc.).

(7)

CRV recycling facilities shall be designed with a landscape planter at least five feet in width (inside dimension) along the sides and front of the facility.

(8)

CRV recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. All storage of recyclable material shall be within the recycling facility or related enclosed structure.

(9)

Signage required for a recycling facility shall be reviewed through a design review sign application and comply with the sign ordinance.

(10)

CRV recycling facilities which are operated by an on-site attendant and located within 100 feet of a property zoned or occupied for residential uses shall operate only during the hours of 9:00 a.m. to 7:00 p.m.

Editor's note— Ord. No. 1906, § 58, adopted Oct. 25, 2022, repealed § 30-246, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Director of Community Development or designee shall make the following findings before granting approval of an administrative plan review, minor application:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan or area plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Notice of hearings for CRV recycling facilities shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a CRV recycling facilities a time and place for the hearing before the Director of Community Development shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Each administrative site plan, modification approval granted under this section shall become null and void two years after the date of approval; unless:

(1)

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

(2)

A one-time one-year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Any permit granted pursuant to the term of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act.