San Jose Municipal Code Part 12 Mixed Use Developments

Except as otherwise provided in this Part 12:

A. The solid waste generated from the residential use at a mixed use development shall be governed by the provisions of this chapter that apply to residential premises.

B. The solid waste generated from the commercial use at a mixed use development shall be governed by the provisions of this chapter that apply to commercial premises.

C. No person shall commingle, nor permit the commingling, of solid waste generated from the residential use at a mixed use development with solid waste generated from the commercial use at the mixed use development.

(Ord. 26625.)

A. A Mixed Use Development may commingle the Residential Solid Waste and Commercial Solid Waste generated at the Mixed Use Development; provided that Organic Materials and Recyclable Materials are properly separated and prepared for collection in accordance with the City's collection programs.

B. The commingled waste shall be collected by the City's authorized Multi-Family Dwelling Solid Waste Collector if the total square footage of commercial building space in the Mixed Use Development is less than fifteen percent (15%) of the total building space.

C. The commingled waste shall be collected by a person authorized to perform Commercial Solid Waste collection services pursuant to a franchise granted pursuant to Part 11 of this Chapter if the total square footage of commercial building space in the Mixed Use Development is fifteen percent (15%) or more of the total building space.

D. Notwithstanding subsections B. and C. above, a Mixed Use Development with twenty percent (20%) or less of the total square footage as commercial building space as of June 30, 2012 may continue to receive service from the Multi-Family Dwelling Solid Waste Collector.

E. Notwithstanding this Section, the Director reserves the right to require the Mixed Use Development to cause the collection of commingled Solid Waste be collected as Residential Solid Waste or as Commercial Solid Waste shall be based upon the needs of the Mixed Use Development and the effect of the Solid Waste collection service type on the neighboring areas.

(Ords. 26625, 29070, 30684.)