Part 12.5

PAYDAY LENDING ESTABLISHMENTS

Sections:

• A. No person shall operate or suffer or allow the operation of a payday lending establishment until such time as a zoning code verification certificate has been duly applied for and issued by the director pursuant to the provisions of Chapter 20.100 of this title applicable to zoning code verification certificates, which zoning code verification certificate confirms full conformance of a proposed payday lending establishment with all of the applicable locational siting and licensing requirements of this title. The application for such zoning code verification certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100 applicable to zoning code verification certificates.

• B. A person intending to commence operation of a payday lending establishment at the same location occupied or previously occupied by a legally operating payday lending establishment may be issued a zoning code verification certificate without full conformance with the locational siting requirements of this title, so long as the prior payday lending establishment use has not been discontinued or abandoned for a period of six months or more.

• (Ord. 29089.)

The location and operation of payday lending establishments shall be subject to and shall comply with all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other pro-

visions of the San José Municipal Code or other applicable state or local laws, regulations or policies. Anyone operating or allowing or suffering the operation of a payday lending establishment shall comply with, or shall cause the compliance with, all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies.

• A. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located within a census tract identified by the most recently available census data from the U.S. census bureau's American Community Survey as having a median household income below that defined by the U.S. department of housing and urban development as "very low income" for a twoperson household ("very low income census tract") or closer than a minimum of one thousand three hundred twenty feet from the boundary of a very low income census tract, measured from the parcel line of the parcel on which the payday lending establishment is located.

• B. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located on a parcel of real property that is closer than a minimum of one thousand three hundred twenty feet from any parcel on which another payday lending establishment is located, measured from the closest parcel lines of the respective parcels.

• C. A payday lending establishment shall hold, maintain and be in compliance with a valid license issued by the State of California under the California Deferred Deposit Transaction Law, as amended from time to time.

(Ord. 29089.)

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No more than a maximum of thirty-nine payday lending establishments shall be sited in the city. (Ord. 29089.)

Part 13

RECYCLING FACILITIES

Sections:

administrative permits for unattended collection containers.

• A. No person shall place or permit the placement, construction, or operation of any recycling facility, including a reverse vending machine, small collection facility, transfer facility, processing facility, or composting facility, without first obtaining a permit pursuant to the provisions set forth in this title.

• B. A PD zoning may expressly permit or prohibit recycling facilities. Where a PD zone does not specifically address such facilities but allows uses permitted in the CO, CP, CN, CG, LI, and/or HI zoning districts, a small collection facility may be permitted with an administrative permit in accordance with Chapter 20.100.

• (Ord. 26248.)

A single administrative permit may be granted to allow more than one reverse vending machine or

more than one small collection facility, even if located on different sites, but only if all of the following criteria and conditions are fully met:

• A. The operator of each of the proposed machines and/or facilities is the same;

• B. The real property owner of each of the proposed sites is the same;

• C. All of the applicable criteria and standards set forth in this part are met for each such proposed machine and/or facility; and

• D. The proposed machines and/or facilities are determined by the director to be similar in nature, size, and intensity of activity.

(Ords. 26248, 29265.)

At any given time, the maximum number of valid and unexpired administrative permits issued for unattended collection containers shall not exceed eighteen.

(Ord. 29265.)

An applicant shall declare, under penalty of perjury, that a recycling use subject to an administrative permit is and at all times will be maintained to conform with each and every one of the applicable criteria and standards set forth in Section 20.80.1130 below. An administrative permit shall not be issued unless all of the applicable criteria are met.

(Ord. 26248.)

• A. Each owner of a site on which a recycling facility is to be located and each operator of the recycling facility shall first obtain an administrative permit to allow that recycling facility to be located and operate on the site. Each owner of a site on which a recycling facility is allowed to be located with an admin-

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• B.

istrative permit and each operator of the permitted recycling facility shall thereafter be required to ensure that the recycling facility meets all of the applicable criteria and standards listed below. Those recycling facilities permitted with a site development permit, special use permit, or conditional use permit shall meet the applicable criteria and standards listed below, provided that the director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as set forth in that permit as an exercise of discretion, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this part and the purposes of this title at a particular site. The criteria and standards for recycling facilities are as follows:

• Reverse vending machines.

1. Shall be established only in conjunction with a fixed-base host business which is in compliance with all applicable provisions of the San José Municipal Code, including without limitation the zoning, building and fire codes of the City of San José;

2. Shall be located within fifteen feet of a primary building entrance of the fixedbase host business and shall not obstruct pedestrian or vehicular circulation;

3. Shall be constructed and maintained with durable waterproof and rustproof material, and shall be covered;

4. Shall be clearly marked to identify the type of material to be deposited;

5. Shall be allowed a maximum of four square feet of sign area, and all sign(s) shall be attached to the respective machine or facility;

6. Shall, in the aggregate, number no more than three machines and/or facilities per fixed-base host business;

7. Shall be no more than fifty cubic feet in bulk and no more than eight feet in height;

   8. Reverse vending machines located indoors do not require any permits under this title.

• C. Small collection facilities.

  1. A small collection facility shall be established only in conjunction with a fixedbase host business in compliance with all applicable provisions of the San José Municipal Code, including without limitation the zoning, building and fire codes of the City of San José;

  2. A small collection facility shall be operated and maintained as a facility for the deposit or drop-off of recyclable material;

  3. All containers of a small collection facility shall be constructed and maintained with durable, vector-resistant, watertight, waterproof and rustproof material, and shall be covered;

  4. The recycling containers of a small collection facility shall be kept clean and sanitary and shall be maintained in a manner that repels and keeps away flies, vermin, birds and rodents;

5. The recycling containers of a small collection facility shall be maintained free of graffiti, and any graffiti shall be removed from such recycling containers on at least a daily basis;

   6. All containers of the small collection facility shall be clearly marked to identify the type of recyclable or recyclables which may be deposited;

   7. The small collection facility shall be clearly marked to identify the name and telephone number of the operator of the small collection facility and the owner of the site on which the small collection facility is located;

   8. The site on which the small collection facility is located shall be swept and maintained in a dust-free, litter-free condition on at least a daily basis;

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9. The small collection facility shall be placed and maintained on a site in compliance with the Americans with Disabilities Act and shall not obstruct on-site or off-site pedestrian or vehicular circulation;

10. The small collection facility shall be set back at least ten feet from the nearest edge of any street right-of-way;

11. The small collection facility shall not impair the landscaping required for any concurrent use of the site by this title or any permit issued pursuant thereto;

12. The noise level created by the operation of the small collection facility shall not at any time exceed 55 dBA as measured at the property line of residentially zoned or occupied property and shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

13. The small collection facility shall not include power-driven sorting and/or consolidation equipment, such as crushers or balers; bulk reverse vending machines may be permitted;

14. Signs may be provided on a small collection facility as follows:

• a. An unattended collection container not over fifty cubic feet in bulk and not over eight feet in height may have a maximum sign area of four square feet; and

• b. Other containers or units may have one flat-mounted sign per side of container or wall of enclosure of twenty percent of the surface of the side or six square feet, whichever is greater;

15. The minimum average illumination of the portion of the site on which the small collection facility is located shall be onehalf foot-candle;

16. Use of the small collection facility for collection of solid waste or hazardous

material, as defined in Sections 9.10.280 and 9.10.150 of Title 9 of this Code, is prohibited;

17. The small collection facility shall be removed from site on the day following permit expiration;

18. Attended small collection facilities shall be in operation only during those hours that the fixed-base host business is in operation;

19. The small collection facility shall conform to all development regulations for the zoning district in which it is located; for an attended small collection facility, a minimum of one parking space per attendant shall be provided;

20. The small collection facility shall be located in such a manner that any required parking for the fixed-base host business is not displaced;

21. The permittee shall be responsible for the proper disposal of any hazardous material or other solid waste that is placed in the container or otherwise dropped off at the permittee's small collection facility;

22. Unattended collection containers shall not be located within any applicable minimum setback areas required by this Code and shall be setback at least ten feet from any property line that abuts a public park or a public trail.

23. The front of each unattended collection container shall conspicuously display all of the following:

• a. The name, address, telephone number, and, if available, the internet web address of the owner and operator of the unattended collection container.

• b. A statement, in at least two-inch typeface, that discloses whether the owner and/or operator of the unattended collection container is a nonprofit or for-profit organization. If the owner and operator is a for-

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profit organization, the statement shall read, "This collection box is owned and operated by a for-profit organization." If the owner and operator is a nonprofit organization, the statement shall read, "This collection box is owned and operated by a nonprofit organization." If the owner and operator are different entities, one a nonprofit organization and the other a for-profit organization, the statement shall identify the nonprofit or for-profit status of both the owner and the operator. For purposes of this section, a "nonprofit organization" means an organization that is exempt from taxation, pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. Further, for purposes of this section, a "commercial fundraiser," as defined in California Government Code Section 12599, as it may be amended, shall be classified as a for-profit organization.

  - c. Any other statements or disclosures required under applicable State or Federal law including, but not limited to, California Welfare and Institutions Code Section 151, as it may be amended. 

• D. Transfer facilities.

  1. Operations shall take place within a fully enclosed building or:

     • a. Within an area enclosed by a solid wood or masonry fence at least six feet in height; and

     • b. At least one hundred fifty feet from property planned, zoned or occupied for residential use;

  2. Setbacks from property lines shall be those provided for in the zoning district in which the facility is located, but if such setback is less than twenty-five feet, then the trans-

fer facility shall be buffered by a landscape strip at least ten feet wide along each property line;

3. If the transfer facility is located within five hundred feet of property planned, zoned or occupied for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.;

4. Noise levels from transfer facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

5. Sign criteria shall be those provided for the zoning district in which the transfer facility is located.

• E. Processing facilities.

  1. Operations shall take place within a fully enclosed building, or:

     • a. Within an area enclosed by a solid wood or masonry fence at least six feet in height; and

     • b. At least one hundred fifty feet from property planned, zoned or occupied for residential use;

  2. Setbacks from property lines shall be those provided for in the zoning district in which the processing facility is located, but if such setback is less than twenty-five feet, then the processing facility shall be buffered by a landscape strip at least ten feet wide along each property line;

  3. If the processing facility is located within five hundred feet of property planned, zoned or occupied for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.;

  4. Noise levels from processing facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise

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shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

5. Sign criteria shall be those provided for the zoning district in which the processing facility is located.

• F. Composting facilities.

  1. Setbacks of all outdoor uses including, but not limited to, compost heaps and structures, shall be those provided for in the zoning district in which the composting facility is located, but shall not be less than twenty-five feet;

  2. A landscape strip of at least fifteen feet in width shall be provided along all property lines;

  3. Noise levels of composting facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

  4. Sign criteria shall be those provided for in the zoning district in which the composting facility is located;

  5. Sufficient water shall be available on site to put out any fire which may occur;

  6. The stockpiling of composted material, and the composting and processing of such material, shall be accomplished in a manner which will protect the health and safety of all composting facility employees.

  7. Composting facilities where mixed waste is composted shall be enclosed by a solid wood or masonry fence. Sufficient slope shall be provided to allow the drainage of all water; and

  8. All composting facilities shall be maintained in a manner that repels and keeps away flies, vermin, birds and rodents (i.e., free of pests) and shall not constitute a nuisance in terms of odor or dust.

• (Ords. 26248, 29265.)

The criteria provided in Section 20.80.1130 above shall be deemed conditions of any administrative permit or development permit for any recycling facility. It shall be unlawful to violate said criteria.

(Ord. 26248.)

The owner or operator of any recycling facility, small collection facility, transfer facility, or processing facility shall cause or ensure that, on at least a daily basis, any and all recyclable materials or refuse that have accumulated or are deposited outside the container, bins, or enclosures intended as receptacles for such materials are removed from the respective facility's location. Upon the failure to remove said materials from areas on the site that are visible to or open to the general public, the city may revoke any approvals issued by the city for the respective recycling facility, collection facility, transfer facility, or processing facility in the manner specified in this Code for such revocation. (Ords. 26248, 29265.)