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:
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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
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recycling facility shall be established, maintained or s
enlarged in any zone unless it complies with the
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following requirements:
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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
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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
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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. "
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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
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"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:
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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. "
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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;
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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
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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;
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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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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.
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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
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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
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City Clerk, City of Carson, ali ornia