Article 7 — Recycling Facilities

The purpose of this ordinance is to implement the provisions of the California Beverage Container and Recycling and Litter Reduction Act set forth in Public Resources Code Section 14500, et seq., to allow the establishment of recycling facilities, and to set forth the zoning requirements, approval procedures and the criteria and standards for recycling facilities.

For the purposes of this article, "Community Service Facility" shall mean any public building and any public or private school, church, or neighborhood center. For purposes of this article, community service facility shall not mean any public or private park, open space, playground or recreation area.

The following recycling facilities shall not be subject to the provisions of this article regulating the issuance of permits for or maintenance of collection facilities.

A. Small collection facilities (on-site storage containers) and reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents. Storage containers must be enclosed or placed out of view of any public right-of-way.

B. Small collection facilities (storage containers) and reverse vending machines located on the premises of a commercial property and used solely for the recycling of material generated by that business or use where the recyclable materials are deposited solely by employees of the business. Storage containers must be enclosed or placed out of view of any public right-of-way.

C. Small collection facilities and/or reverse vending machines placed on the premises of a community service facility for the collection and storage of recyclable material generated solely by the host use. Any small recycling facilities intended for use by the general public are subject to the criteria and standards set forth in §10-2.3.705. No small recycling facilities may be placed on public land without the permission of the land owner (City, State, Federal).

D. Small recycling facilities used for a one-day special event. A short term promotional permit is required for the placement of collection facilities for events of a longer duration.

E. Small collection facilities consisting of storage containers similar in size and shape to regular trash receptacles placed in city parks and open space areas subject to review by the Community Development Director and the approval of the Park and Recreation Commission.

Every person who wishes to place, construct, and/or operate any collection and processing facility within the City of Walnut Creek shall first obtain a permit for the placement, construction, and/or operation of such facility in accordance with the provisions of this article. Any person who allows the placement, construction, or operation of such a facility in violation of this article is guilty of an infraction.

A. Except as provided in subsection C. of this section, reverse vending machine facilities, small collection facilities, large collection facilities and processing facilities shall be allowed only in the zones designated in the following table, except that those planned development zones where the conditions of development do not expressly allow or disallow recycling facilities, and those planned development districts which allow commercial development shall be considered as permissible zones for reverse vending machine facility permits and small collection facility permits. Subject to the criteria and standards of this article, large collection facilities and processing facilities shall be allowed only upon the issuance of a conditional use permit issued pursuant to the provisions of this article.

B. Permits Required. Every person who wishes to place, construct, and/or operate any recycling facility within the City of Walnut Creek needs to obtain a permit, as follows:

C. Notwithstanding any other provision of this chapter, small collection facilities established and maintained with City permission on and after July 1, 1987 located in any commercial zone, in a Convenience Zone within the P- R, Pedestrian Retail district, or in a residential district where the host use is a community service facility, shall be allowed without further review or permit requirements. (§22, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

A. Procedure for Small Collection Recycling Facilities.

Any person wishing to obtain a permit for the placement, construction, and/or operation of a Reverse Vending Machine facility or small collection recycling facility shall apply therefore to the Community Development Director. The permit shall be issued upon a finding by the Director that the proposal meets all of the following criteria and standards:

1. For Reverse Vending Machine Facilities:

a. Location and Site Improvements - A reverse vending machine facility shall:

(1) Be established in conjunction with a commercial use or community service facility;

(2) Be located on private property within 30 feet of the entrance to the commercial structure or inside a community service facility and shall not obstruct pedestrian or vehicular circulation;

(3) Occupy no more than 50 square feet of floor space per site including any protective enclosure;

(4) Be subject to design review approval by the Community Development Director pursuant to Part IV, Article 12, Design Review, for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.

b. Operations - A reverse vending machine facility shall:

(1) Be no more than 8 feet in height;

(2) Be constructed of and maintained with durable waterproof and rustproof materials;

(3) Be maintained in a clean, litter-free condition on a daily basis;

(4) Have operating hours which coincide with the operating hours of the host use;

(5) Be illuminated to ensure comfortable and safe operation if operating hours include hours between dusk and dawn;

(6) Be emptied only between the hours of 8:00 a.m. and 5:00 p.m.

c. Signs - A reverse vending machine facility shall:

(1) Be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and 24-hour phone number of the operator or responsible person to call if the machine is inoperative;

(2) Have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions.

(3) Have all signs attached to the reverse vending machine or its shelter; no freestanding signs shall be permitted.

d. Parking - A reverse vending machine facility shall:

(1) Not occupy parking spaces and/or landscaping required by the City for the host use.

2. For Small Collection Recycling Facilities:

a. Location and Site Improvements - Small collection facilities shall:

b. Be established in conjunction with an existing commercial use or community service facility;

c. Be located on the same property as the host use or community service facility;

d. Be no larger than 500 square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

e. Be subject to design review approval by the Community Development Director pursuant to Part IV, Article 12, Design Review, for consideration of location, setbacks, pedestrian and vehicular circulation, landscaping, color and screening compatible with the area in which the facility will be located.

3. Operations - Small collection facilities shall:

a. Accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with the permission of the local public health official and/or fire marshal;

b. Use containers that are constructed of durable waterproof and rustproof material which have sufficient capacity to accommodate materials collected, and which are secure from unauthorized entry or removal of materials;

c. Store all recyclable material in containers or inside the mobile unit vehicle;

d. Be maintained free of litter and any other undesirable materials and be cleaned of loose debris daily. Mobile facilities from which trucks or containers are removed at the end of each collection day shall be swept at the end of each collection day;

e. If attended, operate between the hours of 9:00 a.m. to 7:00 p.m. if located within 500 feet of a property occupied or zoned for residential use;

f. Use no power-driven processing equipment except for reverse vending machines.

g. Be emptied only during the hours of 8:00 a.m. to 5:00 p.m.

4. Signs. Small collection facilities shall:

a. Clearly mark containers to identify the type of material which may be deposited and display a notice stating that no material shall be left outside the recycling enclosure or containers;

b. Be clearly marked to identify the name and telephone number of the responsible party if assistance is required, and the hours of operation;

c. May have signs, except freestanding signs; provided, that:

(1) Signs do not exceed a maximum of sixteen (16) square feet;

(2) Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

(3) The Community Development Director may authorize increases in the number and size of signs upon findings that they are compatible with adjacent businesses and necessary to provide proper identification to intended users.

5. Parking - Small collection facilities shall:

a. Require no additional parking spaces for customers of a facility that is located at the established parking lot of a host use. One space will remain available for the attendant, if needed;

b. Provide a clearly marked area for mobile recycling units to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

c. Not occupy parking spaces, including the space for the attendant, if such use reduces available parking spaces below the minimum number required for the primary host use unless the facility is located in a Convenience Zone or a potential Convenience Zone as designated by the California Department of Conservation.

6. Exception from Parking Standards - A reduction in available parking spaces in an established parking facility within a Convenience Zone may be allowed as follows:

a. For a commercial host use:

b. For a community service facility: A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the host use.

B. The Community Development Director shall deny a permit applied for under this section upon a determination that the applicant does not comply with the provisions of subsection (A) of this section or if the Community Development Director finds that the facility as proposed will have a detrimental effect on the public health, safety, or general welfare or that the applicant has been found to be in continuing violation of the provisions of this article at other facilities maintained by the applicant. Such findings shall be put in writing and provided to the applicant. Any permit issued under this subsection shall include the following condition: "This permit shall automatically expire, by operation of state law (Government Code Section 66787.6(a)), if the permittee's certificate is revoked pursuant to Section 14541 of the Public Resources Code." (§§23, 24, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

Any person wishing to obtain a permit for the placement, construction, and/or operation of a large collection facility or processing facility shall apply to the Planning Commission for a conditional use permit. The conditional use permit shall be issued if the Commission can make the findings required by Part III, Article 6. and finds that all of the appropriate standards and criteria below are met; provided, however, that the Planning Commission may impose standards stricter than those set out below upon a finding that such modifications are reasonably necessary to ensure (1) safe and adequate pedestrian and vehicular circulation at the recycling facility; (2) screening from noise, litter, dust, dirt, or other particulates, where the screening shall be compatible with the area in which the recycling facility will be located; (3) aesthetic design compatible with the area in which the recycling facility will be located; and (4) mitigation or elimination of any other problem identified with the recycling facility.

A. For Large Collection Facilities.

1. Location and Site Improvements - Large collection facilities shall:

a. Locate at least 300 feet from property occupied or zoned for residential use;

b. Operate in an enclosed building, or operate within an area enclosed on all sides by a solid board or masonry fence not less than six (6) feet in height;

c. Meet the setback and landscaping requirements provided for the zoning district in which the facility is located;

d. Be subject to design review approval.

2. Operations - Large collection facilities shall:

a. Limit all exterior storage of material to sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

b. Be maintained free of litter and any other undesirable materials, and be cleaned of loose debris on a daily basis;

c. Locate all containers provided for after-hours donation of recyclable materials at least 300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

d. Use of light processing methods for the compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials, approved through a conditional use permit process or at the discretion of the Planning Commission if noise and other conditions are met;

e. Operate between the hours of 8:00 a.m. and 5:00 p.m. if the site abuts property occupied or zoned for residential use.

3. Signs - Large collection facilities shall:

• a. Conform to the applicable provisions of Chapter 8 Sign Regulations.

b. Clearly mark containers to identify the type of material which may be deposited; the facility shall display a notice stating that no materials shall be left outside the collection containers;

c. Be clearly marked with the name and phone number of the facility operator and the hours of operation;

d. Allow identification and informational signs which meet the standards of Chapter 8 Sign Regulations; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Commission, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

4. Parking - Large collection facilities shall:

a. Provide space on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Commission determines that allowing overflow traffic above six (6) vehicles will not negatively impact surrounding businesses and public safety;

b. Provide one (1) on-site parking space for each commercial vehicle operated by the recycling facility and meet all parking requirements mandated by the zone in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

B. For Processing Facilities.

1. Location and Site Improvements - Processing facilities shall:

a. Not be located within 300 feet of a property occupied or zoned for residential use;

b. Operate in an enclosed building, except for incidental storage;

c. Meet setback and landscaping requirements provided for the zoning district in which the facility is located;

d. Be fenced along perimeter boundaries with either an 8 foot high solid board or masonry fence;

e. Be subject to design review approval.

2. Operations - Processing facilities shall:

a. Permit the operation of power-driven processing, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of recyclable materials and repairing of reusable materials;

b. May accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

c. Place all material in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable materials. Oil storage must be in containers approved by the fire marshal and/or health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

d. Maintain donation areas free of litter and any other undesirable materials, and be cleaned of loose debris daily;

e. Secure the site from unauthorized entry and removal of materials when attendants are not present;

f. Locate all containers provided for after-hours donation of recyclable materials at least 300 feet from any property zoned or occupied for residential use. Such containers shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

g. Not permit the distribution of dust, fumes, smoke, vibration, or odor so as to be detectable above ambient levels on neighboring properties.

3. Signs - Processing facilities shall:

a. Conform to the applicable provisions of Chapter 8 Sign Regulations.

b. Clearly mark containers to identify the type of materials that may be deposited. The facility shall display a notice stating that no materials shall be left outside the recycling container;

c. Be clearly marked to identify the name and telephone number of the facility operator and the hours of operation.

4. Parking - Processing facilities shall:

a. Provide space on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing overflow traffic will not negatively impact surrounding businesses and public safety.

b. Provide one (1) on-site parking space for each commercial vehicle operated by the processing center and meet all parking requirements mandated by the zone in which the facility is located.

A. Litter.

Every property owner who agrees, by contract or otherwise, to the placement, construction, and/or operation of a recycling facility on his property shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.

Every supermarket as defined in Section 14526.5 of the Public Resources Code which contracts for the placement, construction, and/or operation of any recycling facility within the Convenience Zone of such supermarket shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.

B. Informational Signs.

Every supermarket as defined in Section 14526.5 of the Public Resources Code shall post, in convenient and visible locations within the supermarket or at the entrances or exits thereof, the locations of each permitted collection facility within the Convenience Zone of such supermarket.

Any change in the type of facility or in its location shall require the prior approval of the City. If in the opinion of the Community Development Director the proposed change will result in a new facility, a new application under

this article shall be required. (§25, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

In the event that an application for a permit for a reverse vending machine facility or small collection facility is denied by the Community Development Director pursuant to the provisions of this article, an appeal may be filed with the City Clerk. Such an appeal shall be heard by the Planning Commission pursuant to Section 10-2.4.504. (§26, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

The Community Development Director may modify or revoke a permit granted under this article under the procedures established by Section 10-2.4.412. (§27, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)