Rancho Palos Verdes Municipal Code Ch. 17.58 Recycling

The purpose of this chapter is to establish procedures and standards for the placement or construction of recycling centers and small collection facilities in the city in order to protect the health, safety and welfare of the community; and to establish requirements and guidelines for collecting and loading recyclable materials in development projects within all zoning districts in the city, in order to facilitate the diversion of solid waste and recyclable materials from landfills.

(Code 1981, § 17.58.010; Ord. No. 230, § 7(part), 1988; Ord. No. 320, § 7(part), 1997)

• Recycling centers, recycling drop-off or collection facilities, and community service recycling programs.

A. Recycling centers. Recycling centers, as defined in chapter 17.96 (Definitions), are permitted in commercial, institutional and open space-recreational zoning districts subject to the director's approval of a special use permit, pursuant to chapter 17.62 (Special Use Permits), to ensure compliance with the following standards:

1. Not more than 50 square feet of outdoor area may be used for any machine, group of machines, and machine enclosure, unless a conditional use permit is obtained by the applicant. Enclosures shall not exceed 12 feet in height.

2. Each machine shall be located within 30 feet of the public entrance to the primary use on the site, shall comply with all required building setbacks, and shall not obstruct pedestrian or vehicular circulation, nor occupy any parking spaces designated for the primary use.

3. Each machine shall accept from customers all types of redeemable beverage containers except refillable beer and malt beverage containers.

4. Each machine shall be clearly and permanently marked to identify the material accepted, operating instructions, and the identity and telephone number of the operator. A maximum of three square feet of signage for each machine is permitted in addition to operating instructions. The following operating instructions shall be clearly posted on each machine, in a conspicuous location which can easily be seen by the public:

a. A legible sign indicating its hours of operation;

b. A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that machine. The refund price sign or decal shall be a minimum of 15 square inches, with lettering of at least three-eighths inch in height; and

c. A sign which specifies the method for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass and plastic, or otherwise not accepted by the machine.

5. Outdoor lighting of the machines is permitted, provided that such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property.

6. Each machine shall be in operation a minimum of 30 hours per week, and at least five hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday. The machine may be serviced only during the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. The area around the machines must be kept clean and litter free. At least one alternative disposal device must be properly screened and located adjacent to each machine or group of machines to control any accumulation of trash if the facility becomes overloaded or broken.

7. The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment.

8. Prior to operation of a single-feed reverse-vending machine and/or mobile recycling unit, the operator shall obtain certification of the recycling center from the state department of conservation, division of recycling.

9. Noise levels from operation of the machines shall not exceed 65 dBA, as measured from the closest property line.

10. In addition to the enforcement remedies prescribed by chapter 17.86 (Enforcement) of this title, the director may revoke approval for any machine and cause its removal as a public nuisance pursuant to chapter 8.12 (Hazards) of this Code for violation of any of the above standards.

B. Recycling drop-off or collection facilities and community service recycling programs. The installation or development of recycling drop-off or collection facilities and any other community service recycling programs is permitted within commercial general (CG) and institutional zoning districts, subject to approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits). Recycling drop-off or collection facilities and community service recycling programs shall be developed in conformance with the following standards.

1. The facility shall comply with all building setback and lot coverage requirements that apply to the primary use on the site. The height of the facility or any enclosure shall not exceed 12 feet.

2. Facility identification signage shall be permanent in character and be limited to ten percent of the areas of each side of the facility, not to exceed a maximum of 50 square feet of signage per facility. Signage must be consistent with the character of the location and may be illuminated during the hours of operation upon the approval of the planning commission.

3. Mobile recycling units and/or reverse-vending machines within the facility shall comply with the operating and development standards described in subsection (A) of this section.

4. All recyclable materials deposited at the facility shall be contained entirely within the facility and shall not at any time be left outside of the facility in public view. Recyclable materials shall be picked up on an approved schedule to prevent accumulation of materials in public view. Retrieval and delivery of recycling containers shall only occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. An alternative disposal device for materials that cannot be accepted by the facility shall be placed adjacent to the facility to discourage dumping and to control any accumulation of trash if the facility becomes overloaded or broken. This device, and the entire facility, shall be monitored daily by the operator to maintain the cleanliness of the site.

5. Facilities providing for the 24-hour donation of materials shall be at least 100 feet from any property zoned or occupied for residential use, unless a smaller setback is warranted by the topography of the site or the design of the facility.

6. The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment.

7. Facilities shall be in operation a minimum of 30 hours per week, and at least five hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday. Facilities located within 100 feet of a property zoned for or occupied by a residential use shall operate only between the hours of 9:00 a.m. and 7:00 p.m., Monday through Saturday.

8. A facility which is staffed shall have an employee present during its posted hours and shall display a sign having a minimum size of two feet by two feet informing the public that the location is open for business. The sign shall contain, at a minimum, the word "OPEN" in lettering at least ten inches in height. One parking space shall be provided for the attendant.

9. If a facility consists of drop-off receptacles with redemption occurring at an alternate location on the property, the operator of the recycling center shall take the following actions:

a. A sign shall be placed on or at the front of the receptacles with lettering of at least three-eighths inch in height which informs the customer of the exact location on the property where all types of empty beverage containers may be redeemed;

b. A person shall be present at the exact location during the hours posted at the recycling center to inspect the empty beverage containers and pay customers the refund value; and

c. A sign shall be posted at the exact location during the hours open for business where the public may redeem beverage containers, informing the public that the redemption location is open for business. The sign shall contain, at a minimum, the words "OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at least ten inches in height. The words "RECYCLING CENTER" shall be on a separate line and consist of lettering at least 3½ inches in height.

10. If there is no reasonable alternative location for the facility, it may be located in the parking area of the primary use. If the reduction in the number of parking spaces causes the number of available parking spaces to be less than the minimum number required for the primary use, the planning commission may reduce parking requirements for the primary use by not more than five spaces. This reduction shall only be granted under the following conditions:

a. The facility is located in a convenience zone as designated by the state department of conservation, division of recycling;

b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling will be on the site; and

c. At least 25 parking spaces were designated for the primary use prior to installation of the facility.

11. Operation of the facility shall not increase the ambient noise level at the property line of the nearest property zoned for or occupied by a residential use to more than 65 dBA at any time.

12. Outdoor lighting for the facility is permitted only if such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property.

13. The design and location of the facility shall be reviewed by the planning commission to ensure that the facility is screened, to the extent practical, from the view of adjacent residentially zoned or occupied property, while remaining clearly identifiable to patrons of the facility. Landscaping, fences, walls, structural enclosures and coloring may be required to accomplish this purpose.

14. Prior to operation of a recycling drop-off or collection facility and/or any other community service recycling program, the operator shall obtain certification of the recycling center from the state department of conservation, division of recycling.

15. The conditions of approval for the facility shall be enforced pursuant to section 17.76.080(F) (Convenience Stores).

16. Approval of a recycling drop-off or collection facility and/or any other community service recycling program shall be denied if the planning commission cannot make the findings for approval of a conditional use permit specified in section 17.60.060 (Conditional Use Permits) of this title or if the planning commission finds the facility would be detrimental to the public health, safety or welfare.

C. Appeals. Any interested person may appeal any decision of the director or the planning commission under this section pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.58.020; Ord. No. 230, § 7(part), 1988; Ord. No. 320, § 7(part), 1997)

• Requirements and guidelines for collecting and loading of recyclable materials in development projects.

A. Applicability. The following development projects shall include adequate, accessible and convenient areas for collecting and loading recyclable materials, in accordance with the guidelines specified in section 17.58.030(C) of this chapter:

1. New commercial or institutional developments of 10,000 square feet or more, marinas and multiple-family residential projects with five or more units approved on or after September 1, 1994;

2. Existing commercial or institutional developments of 10,000 square feet or more, marinas and multiple-family residential projects with five or more units for which an application is submitted on or after September 1, 1994, for the following:

a. A single alteration which adds 30 percent or more to the existing floor area of the development project; or

b. Multiple alterations which are conducted within a 12-month period and which, collectively, add 30 percent or more to the existing floor area of the development project; and

3. Any new public facility, including, but not limited to, buildings, accessory structures, marinas or any recreation area owned by a local agency, where solid waste is collected and loaded; and any improvement to a public facility used for the collecting and loading of solid waste, which adds to the value of the facility, prolongs its useful life or adapts it to new uses.

B. Exemptions. The following development projects are exempt from the requirements of this section:

1. Single-family dwellings which:

a. Are located in tracts or subdivisions which do not contain a specified area for the collection and loading of solid waste serving five or more dwelling units; and

b. Participate in the city's curbside recycling program;

2. Individual tenants of multiple-family developments; and

3. New occupancies within existing developments of 10,000 square feet or more.

C. Recycling area design guidelines. Space allocated for collecting and loading recyclable materials shall have the ability to accommodate receptacles for recyclable materials. Such areas shall be accessible and convenient for those who deposit recyclable materials, as well as those who collect and load any recyclable materials placed therein. The following design guidelines shall apply to all development projects for the purpose of allocating and constructing a recycling area:

1. Recycling areas shall comply with all building setback, lot coverage and applicable height requirements that apply to the primary use on the site.

2. Recycling areas shall be designed to be architecturally compatible with abutting and or adjacent structures, and with the existing topography and vegetation.

3. The design and construction of recycling areas shall not jeopardize the security of any recyclable materials placed therein.

4. The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

5. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered according to any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

6. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

7. Travel aisles which access recycling areas shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, travel aisles should provide unobstructed access for collection vehicles and personnel.

8. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

9. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts, such as noise, odor, vectors or glare through measures, including, but not limited to, maintaining adequate separation, fencing and landscaping.

10. Any and all recycling areas shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the locations where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

11. Recycling areas located within single-tenant development projects shall conform to the following additional guidelines:

a. Areas designated for recycling shall be adequate in capacity, number and distribution to serve the development project;

b. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project; and

c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project shall be located within the recycling area.

12. Recycling areas located within multiple-tenant development projects shall conform to the following additional guidelines:

a. Recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project leased by the tenants who submitted an application or applications resulting in the need to provide recycling areas pursuant to this section;

b. Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling areas pursuant to this section; and

c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenants who submitted an application or applications resulting in the need to provide recycling areas pursuant to this section shall be located within the recycling area.

(Code 1981, § 17.58.030; Ord. No. 320, § 7(part), 1997)