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HomeMy Public PortalAbout87-819 ORDINANCE NO. 87-819 AN ORDINANCE OF THE CITY OF CARSON ESTABLISHING ZONING REGULATIONS FOR RECYCLING FACILITIES, AMENDING ARTICLE IX OF THE CARSON MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: i Section 1. Section 9132 .8 is hereby added to Division 2, Part 31 Chapter 1, Article IX of the Carson Municipal Code to read as follows: 119132. 9 Small Collection Recycling Facility. - A small collection recycling facility is permitted as a minor use within the CN, CR and CG zones if incidental to an existing primary commercial use and if within a designated convenience district as defined in Section 9191.508. A small collection recycling facility shall comply with the requirements of Section 9138. 6. ° Section 2. Section 9138. 6 is hereby added to Division 8, Part 31 Chapter 1, Article IX of the Carson Municipal Code to read as follows: 119138.6 Small Collection Recycling Facility. A small collection recycling facility is permitted only in a designated convenience district as defined in section 9191.508. No small collection f recycling facility shall be established, maintained or s enlarged in any zone unless it complies with the 3` R following requirements: t l Ordinance NO. 87-819/Page 2 of 10 A. Shall be permitted only within a designated convenience district as defined in Section 9191.508, and shall be certified, or shall have applied to be certified, as a recycling location pursuant to Division 12. 1 (commencing with Section 14500) of the Public Resources Code; B. Shall be permitted only as an accessory use to an existing primary commercial use; C. Shall contain not more than one type of collection facility as described in Section 9191.508.B. , which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circula- tion; D. Shall not occupy parking spaces required by the primary commercial use; E. Shall be designated on a site plan to be submitted and approved in accordance with Section 9172 . 23 ; F. Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way; G. Shall be landscaped to the satisfaction of the Community Development Director; H. Shall not occupy an area in excess of 200 square feet, including any protective enclosure; provided, however, that a small collection recycling facility -2- 871105 bra A139.YSR(0) Ordinance NO. 87-819/Page 3 of 16 consisting of one single-feed reverse vending machine shall not occupy an area in excess of 50 square feet, including any protective enclosure, and shall not exceed 8 feet in height; I. Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times i in a clean, litter-free condition; J. Shall observe the hours of operation of the primary commercial use; K. Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative. The signage on any reverse vending machine shall not exceed 4 square feet, exclusive of the operating instructions; L. Shall be adequately illuminated to ensure public safety; M. Shall accept only recyclable materials as defined in Section 9191.508 ; N. Shall provide for storage of all recyclable materials within the facility at all times; and O. Shall not operate at noise levels in excess of 60 dBA as measured at the property line of any adjacent residentially zoned property. " -3- 871105 tm A139.HBR(0) 4 M.✓ a ,rR: 1 .. y. .c. gam...:. h � � 1 5_0_44* A '}"•"F u � s.37� Ordinance NO. 87-819/Page 4 of 15 Section 3 . Section 9141. 2 of Division 1, Part 4, Chapter 1, Article IX of the Carson Municipal Code is hereby amended by inserting the following provisions in the table entitled "Uses Permitted in Industrial Zones," immediately preceding the heading which reads "Uses Permitted in Commercial Zones": ZONES i "Recycling Facilities: ML NIH Large Collection Recycling Facility (Subject to Section 9148.4) L L Processing Facility for Recyclables, Light (Subject to Section 9148.5) L L Processing Facility for Recyclables, Heavy (Subject to Section 9148.5) Coe Section 4 . Section 9141. 1 of Division 1, Part 4, Chapter 1, Article IX of the Carson Municipal Code is hereby further amended by deleting the paragraph immediately following the heading which reads "Uses Permitted in Commercial Zones" contained in the table entitled "Uses Permitted in Industrial Zones, " and substituting therefor the following language: "Any principal use permitted in any commercial zone, whether automatically (X) , with limitation (L) , or by conditional use permit (C) , is automatically permitted in the industrial zones, subject to the same require- ments specified for such use in the commercial zones, except the following: " Section 5. Section 9142. 1 is hereby added to Division 2, Part 4, Chapter 1, Article IX of the Carson Municipal Code to read as follows: -4- 871105 tm A139.WBR(0) "�`FS4"' .._;. € :.,� r' _ . .. .. '� .._, fie• , e,E Ordinance NO. 87-819/Page 5 of 15 "9142 . 1 Accessory Uses of Division 2 - Part 3 Permitted. If not otherwise permitted as principal uses, all accessory uses specified in Division 2, Part 3 of this Chapter are permitted in the industrial zones, subject to the same requirements for such uses as are set forth in said Division 2, Part 3. " I Section 6. Section 9148. 4 is hereby added to Division 8, Part 4, Chapter 1, Article IX of the Carson Municipal Code to read as follows: 119148.4 Large Collection Recvclinq Facility. No large collection recycling facility shall be established, maintained or enlarged in any zone unless it complies with the following requirements: A. Shall not be located within 150 feet, as measured from lot line to lot line, of any residentially zoned property or institutional use (as specified in Section 9162.21.B. ) B. Shall be constructed with durable waterproof and rustproof material if not located within an enclosed building; C. Shall conduct all collection operations within an enclosed building or within an area enclosed by a decorative reinforced concrete wall. Cargo containers, as defined in Section 9191. 067.A, shall not be used for storage; -5- 871105 tm A139.116R(0) Ordinance NO. 87-819/Page 6 of 10 D. Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way; E. Shall be designated on a site plan to be submitted and approved in accordance with Section 9172 .23 ; F. Shall be landscaped to the satisfaction of the Community Development Director; G. Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis; H. Shall accept only recyclable materials as defined in Section 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited. I. Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be i submitted to and approved by the Community Development Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study; -6- 871105 bm A139.WBR(0) i i r Ordinance NO. 87-819/Page 7 of 16 J. Shall limit the hours of operation from 7 : 00 a.m. to 7: 00 p.m. if the facility is located within 500 feet of property zoned for a residential use; K. Shall obtain the approval of the Community Development Director for all power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and ship- ment of material, and shall comply with all conditions to mitigate noise and other adverse impacts; L. Shall comply with sign requirements applicable to the zoning district. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director. " Section 7. Section 9148.5 is hereby added to Division 8, Part 4, Chapter 1, Article IX of the Carson Municipal Code to read as follows: 119148.5 Processing Facility for Recyclables. No processing facility for recyclables shall be established, maintained, or enlarged in any zone unless it complies with the following requirements: A. Shall not be located within 150 feet, as measured from lot line to lot line, of any residentially zoned -7- 871105 bm A139.i18R(0) Ordinance NO. 87-819/Page 8 of 10 property or institutional use (as specified in Section 9162 . 21. B. ) B. Shall conduct all operations, except for incidental storage, within an enclosed building or within an area enclosed by a decorative reinforced concrete wall, with mounded landscaping between the wall and the property line; C. Shall comply with Section 25250. 11 of the California Health and Safety Code if used motor oil is accepted for recycling; D. Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis; E. Shall accept only recyclable materials as defined in Section 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited; F. Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be submitted to and approved by the Community Development -8- 871105 6m A139.WBR(0) Ordinance NO. 87-819/Page 9 of 16 Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study; G. Shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. if the facility is located within 500 feet of property occupied by noise sensitive land uses as identified in this Section. The facility will be operated by on-site personnel during the hours the facility is open; H. Shall not permit dust, fumes, smoke, vibration or odors above ambient levels to impact on neighboring properties; I. Shall meet all noise level requirements of this Section for any power-driven processing. Light processing facilities for recyclables shall be limited to the baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separate recyclable materials and the repair of reusable materials; J. Shall ensure that all collection facilities not within an enclosed building are constructed with durable waterproof and rustproof material; K. Shall, if a light processing facility for recyclables, be no larger than 45,000 square feet and have no more than an average of two (2) outbound truck shipments of material per day. A light processing facility for recyclables shall not shred, compact or -9- 871105 tm A139.4BR(0) Ordinance NO. 87-819/Page 10 of 10 bale ferrous metals, other than food and beverage containers. " Section 8. Subsection 9 is hereby added to Section i 9162 .21.D. of Division 2, Part 6, Chapter 1, Article IX of the Carson Municipal Code to read as follows: "D. Industrial: Off-Street Parking Required 9. Large Collection 1 automobile parking space Recycling Facility; for each employee on the largest shift, plus one Processing Facility space for each company for Recyclables vehicle, plus a minimum of 10 spaces for customers. " Section 9. Section 9191. 067 is hereby added to Part 9, Chapter 11 Article IX of the Carson Municipal Code to read as follows: "9191. 067 Cargo Container Storage Facilities; Terms Defined. A. Cargo Container Shall mean any container sufficiently durable for repeated use which, by virtue of its own particular design, permits the temporary storage and protection of bulk commodities, goods and other cargo, and which may be transported in various modes without intermediate loading or unloading. " Section 10. Section 9191.508 is hereby added to Part 91 Chapter 1, Article IX of the Carson Municipal Code to read as follows: -10- 871105 tm A139.NBR(0) '&per Ordinance NO. 67-819/Page 11 of 16 119191. 508 Recycling Facilities, Defined. A. Collection Recycling Facility Large Shall mean a center, occupying an area greater than 200 square feet, for the acceptance of recyclable materials from the public by means of a bulk or single- feed reverse vending machine, a mobile recycling unit, a kiosk unit or a permanent building. A large collec- tion recycling facility shall be the primary use on the site. B. Collection Recycling Facility Small Shall mean a center, occupying an area less than 200 square feet, for the acceptance of recyclable materials from the public by means of one of the following: a bulk or single-feed reverse vending machine, a mobile recycling unit, or a kiosk unit. A small collection recycling facility shall be incidental to an existing primary commercial use, and shall not include any type of power-driven processing equipment other than that required to operate a reverse vending machine. C. Convenience District Shall mean an area within a one-half mile radius of a supermarket that is designated by the California Department of Conservation, Division of Recycling, as a "convenience zone. " "Convenience district" shall have the same meaning as "convenience zone" as said term is used in the California Beverage Container Recycling and } Litter Reduction Act of 1986. At least one certified recycling facility shall be permitted within a -11- 871105 bm A139.N8R(0) YtZ it Ordinance NO. 87-819/Page 12 of 16 convenience district unless exempted by the California Department of Conservation. D. Mobile Recycling Unit Shall mean an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. A mobile recycling unit shall not occupy an area of more than 500 square feet. E. Processing Facility for Recyclables Shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. F. Processing Facility for Recyclables Heavy Shall mean any processing facility for recyclables other than a light processing facility for recyclables. G. Processing Facility for Recyclables Light Shall mean a processing facility for recyclables that occupies an area of under 45, 000 square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities for recyclables -12- 871105 km A139.WBR(0) Ordinance NO. 87-81 g/Page 13 of 16 are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated recyclable materials and repairing of reusable materials. A light processing facility for recyclables shall not shred, compact or bale ferrous metals other than food and beverage containers. H. Recyclable Materials Shall mean reusable material including, but not limited to, metals, glass, plastic and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or waste. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143 .2 (b) (4) of the California Health and Safety Code. I. Recycling Facility Shall mean a center for the collection or proces- sing of recyclable materials. Recycling facilities include small collection recycling facilities, large collection recycling facilities, light processing facilities for recyclables and heavy processing facilities for recyclables. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. -13- 871105 6m A139.WBR(0) Ordinance NO. 67-819/Page 14 of 16 J. Recycling Facility. Certified Shall mean a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. K. Reverse Vending Machine Bulk Shall mean a reverse vending machine which is designed to accept more than one empty recyclable beverage container at a time and will pay by weight rather than by individual container. L. Reverse Vending Machine Single-Feed Shall mean an automated mechanical device, similar in size and appearance to a soda vending machine, which accepts empty recyclable beverage containers one at a time and issues to the consumer, based upon the number of containers deposited, a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. " Section 11. The Beverage Container Recycling and Litter Reduction Act was passed in 1986 to establish a system to promote the recycling and re-use of beverage containers sold in the State of California. The Act took effect immediately, as an urgency statute, in order that the Department of Conservation auld have sufficient time to carry out the provisions of the .ct. The Act states that there must be a certified recycling facility in every convenience zone by the target date of October 1, 1987. If by January 1, 1988 there is not a facility located in a zone, each dealer who sells beverages in beverage containers in that convenience zone must pay a fine of $100 per -14- 871105 tm A139.WBR(0) y yy.=: fi1-x y, t;t '_k% xr �.°'#'x ,,..a;„.v?,y v ��ia'iISF+•''a.$3' v ,.�'de r.f#s.+, Ordinance No. 87-819/Page 15 of 16 day or redeem such beverage containers at the dealer's store until a certified recycling facility is established. i The City Council finds and determines that it is iecessary, proper, and in the public interest to establish zoning regulations for recycling facilities in the City of Carson so as h � make redemption and recycling convenient to consumers, to set andards for recycling facilities, and to facilitate the overall success of the litter abatement and beverage container recycling program. It is therefore necessary and desirable that this ordinance take effect immediately in order that it become fective prior to January 1, 1988, at which time various actions may be imposed by the State upon all dealers within a 3nvenience zone where no recycling location has been established which satisfies the requirements of the Act. This ordinance is an urgency ordinance necessary for +'he immediate preservation of public peace, health or safety thin the meaning of Section 36937 (b) of the Government Code and shall go into immediate effect. PASSED, APPROVED AND ADOPTED this 7th day of f Qacember , 1987. Mayor ATTEST: City C erk improved as to Form: City Attorney 5 C -15- 871105 bn A139.4BR(0) a f ' 'w •,04 r. d c Ordinance No. 87-819/Page 16 of 16 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 87-819 passed first reading on December 1, 1987, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 7th day, of December , 19 87 , and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mills, Mitoma, Muise, DeWitt and Calas NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A ii" 7� City Clerk, City of Carson, ali ornia