HomeMy Public PortalAboutOrd. 1299y 4•
ORDINANCE ::~. 1299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD AMENDING SECTION 25-7 AND 25-11 OF
THE LYNWOOD MUNICIPAL CODE WITH RESPECT TO
COMPLIANCE WITH CALIFORNIA REDUCTION ACT OF
1986 WHICH REQUIRES THE ESTABLISHMENT OF
BEVERAGE P.ECYCLING CENTERS AND DEVELOPMENT
STANDARDS THERETO.
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND,
RESOLVE AND DETERMINE AS FOLLOWS:
Section 1: Section 25-7.B. of the Lynwood Municipal Code
is hereby amended as follows:
27. Recycling facilities using one or both of ,the
following: Reverse vending machines, small collection
facilities, or mobile recycling units.
Section 2: Section 25-2 of the Lynwood Municipal
pertaining to definitions is hereby amended by adding the
following terms and accompanying definitions:
1. Recyclable Material
Recyclable material is reusable material including but
not limited to metals, glass, plastic and paper, which
are intended for reuse, remanufacture, or
reconstitution for the purpose of using the altered
form. Recyclable material does not include refuse or
hazardous materials. Recyclable material may include
used motor oil collected and transported in accordance
with Section 25250.11 and 25143.2(b)(4) of the
California Health and Safety Code.
2. Recycling Facility
A recycling facility is a center for the collection
and/or processing of recyclable materials. A certified
recycling facility or certified processor means 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. 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. Recycling
facilities may include the following:
3. Collection Facility
A ~ollectio7 facility ie. a center for the acceptance by
donation, redemt,tion, or purchase, of recyclable
materials from the public. Such a facility does not
use power-driven processing equipment except as
indicated in Section 3.A.B. Collection facilities may
include the following:
A. Reverse Vending Machines(s);
B. Small collection facilities which occupy an
area of not more than 500 square feet, and
may include:
1
(1) Bulk reverse vending machines or a
grouping of reverse vending machines
occupying more than 50 square feet;
(2) Kiosk type units which may include
permanent structures;
(3) Unattended containers placed for the
donation of recyclable materials.
C. Mobile Recycling Units;
D. Large collection facilities which may occupy
an area of more than 500 square feet and may
include permanent structures only with
Section 25-11, with Site Plan Review.
4. Processing Facility
A Processing facility .is 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.
Processing facilities include the following:
A. A light processing facility occupies an area of
under 45,000 square feet of gross collection,
processing and storage area and has up to an
average to two (2) outbound truck shipments per
day. Light processing facilities are limited to
baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source-
separated recyclable materials and repairing of
reusable materials sufficient to qualifying as a
certified processing facility. A light processing
facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers.
B. A heavy processing facility is any processing
facility other than a light processing facility.
5. Reverse Vending Machine(s)
A reverse vending machine is an automated mechanical
device which accepts one or more types of empty
beverage containers including, but not limited to
aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value
not less than the container's redemption value as
determined by the state. A reverse vending machine may
sort and process containers mechanically provided that
the entire process is enclosed within the machine. In
order to accept and temporarily store all three
container types in a proportion commensurate with their
relative redemption rates, and to meet the requirements
of certification as a recycling facility, multiple
grouping of reverse vending machines may be necessary.
A bulk reverse vending machine is a reverse vending
machine that is large than 50 square feet; is designed
to accept more than one container at a time; and will
pay by weight instead of by container.
6. Mobile Recycling Unit
A mobile recycling unit means an automobile, truck,
trailer or van, licensed by the Department of Motor
Vehicles which is used exclusively for the collection
of recyclable materials.
Section 3. Section 25-S.la of the Lynwood Municipal Code
is hereby amended as follows:
Use
Reverse Vendinr_., Machines and Small Collection
Facilities
Purpose
1. The City hereby finds that the establishment of
recycling facilities, unless subject to the procedures
and conditions provided in this Subsection, can
adversely affect the surrounding properties.
2. The City finds that the number of recycling facilities
if not regulated, will have an adverse affect on the
flow of traffic and will create problems of ingress and
egress detrimental to surrounding properties and the
general community.
3. The City further finds that the establishment of
certified recycling facilities without regulation and
control may be detrimental to public health, safety,
and welfare in that the same could become unsightly,
noise producing, and odorous; promote vandalism and
littering; and generaiiy impair or depreciate the
benefits of occupancy. It is the purpose of this
Subsection to specifying regulations and controls to
site recycling facilities within the City, in order to
prevent the above and other harmful effects and to
promote the public convenience and welfare.
B. Permits Reouired
No person shall permit the placement, construction, or
operation of any recycling facility without first obtaining
a permit pursuant to the provisions set forth in this
Section. Recycling facilities may be permitted as set forth
in the following standards:
1. No person shall place, construct or operate any
recycling facility without first obtaining a permit
pursuant to the provisions set forth in this section.
A single planing approval may be granted to allow not
more than 3 reverse vending machines or small
collection facility located in different sites under
the following conditions:
a. The operator of each of the proposed facilities is
the same.
b. The proposed facilities are similar in nature,
size and intensity of activity.
c. All of the applicable criteria and standards set
forth in sub-section C are met for each of the
proposed facilities.
3
C.
The following criteria is established for development of
recycling facilities in the following numbered convenience zones
(563, 639, 691, 692, 693, 694) which were developed and
delineated by the State of California Department of Conservation.
Other convenience zones may be established pursuant to the same
criteria used to establish the existing convenience zones.
1. Reverse Vending Machine(s)
a. Shall be established in conjunction with a
commercial use or community service facility which
is in compliance with the zoning, building and
fire codes of the city.
b. Shall be located within 30 feet of the entrance to
the commercial structure, immediately adjacent to
the commercial structure, and shall not obstruct
pedestrian or vehicular circulation.
c. Shall not occupy parking spaces required by the
primary or incidental uses.
d. Shall occupy no more than 50 square feet of floor
space per installation including any protective
enclosure, and shall be no more than eight (8)
feet in height.
e. Shall be constructed and maintained with durable
waterproof and rustproof material.
f. Shall be clearly marked to identify the type of
material to be deposited, operating instructions,
and the identity and phone number of the operatcr
or responsible person to call if the machine is
inoperative.
g. Shall have to sign area of maximum of four (4)
square feet per machine, exclusive of operating
instructions.
h. Shall be maintained in a clean, litter-free
condition on a daily basis.
i. operating hours shall be at least the operating
hours of the host use.
j. Shall be illuminated to ensure comfortable and
safe operation if operating hours extend beyond
dusk and dawn.
2. Small Collection Facilities
Small collection facilities may be sited in commercial
and industrial zones provided they comply with the
following conditions:
a. Shall be established in conjunction with an
existing commercial use or community service
facility which is in compliance with the zoning,
building and fire codes of the city.
b. Shall 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 or containers provided
4
primar he spause,are not r_'uired to service the
Y land
c• Shall be set back at least (10) feet
street line and shall not obstruct
vehicular from any
required landsca ulation pedestrian or
ped areas•or encroach into the
d• Shall accept only lass, metals,
containers. Used motorgoil may be acce
permission Plastic
within °f the local public health pted with
the industrially zoned official
property onl
e• Shall y'
use no power-driven processing equipment
except for reverse vending machines.
f specificall containers that are constructed
waterproof and for that purpose from durable
shall rust-proof material. The units
openingsenecessartely covered except for such
materials y for the deposit of recyclable
removal secured from unauthorized entry or
of material, and shall be of a capacity
sufficient to accommodate materials collected and
collection schedule.
g• Shall store all recyclable material in containers
or in the mobile unit vehicle, and shall not leave
materials outside of containers.
h• Shall be maintained free of litter and any other
undesirable materials.
i• Shall not exceed noise levels of 60 dBA as
measured at the property line of residentially
zoned or occupied property, otherwise shall not
exceed 7G dB.'v.
J• Attended facilities located within 100 feet of a
property zoned or occupied for residential use
shall operate only during the hours between 9:00
a.m. and 7:00 p•m•
k. Mobile recycling units shall have an attendant at
the facility at all times, and shall be removed
from the premises and the area swept and cleared
of all debris at the end of each day.
1. Mobile recycling units shall have an area clearly
marked to prohibit other vehicular parking during
hours when the mobile unit is scheduled to be
present, and shall be sited in such a way as not
to disrupt vehicular traffic.
m. Occupation of parking spaces by the facility and
by the attendant may not reduce available parking
spaces below the minimum number required for the
primary host use.
n. No additional parking spaces will be required for
customers of a small collection facility located
at the established parking lot of a host use. One
space will be provided for the attendant, if
needed.
o. Signs may be provided as follows:
(1) Containers shall be clearly marked to
identify the type of material which may be
deposited; the facility shall be clearly
5
marked to identify the name and telephone
number of the facility operator and the hours
of operation, and display a notice stating
that no material shall be left outside the
recycling enclosure or containers; shall
occupy no more than 16 square feet of area.
(2) Signs must be consistent with the character
of the location.
(3) Directional signs, bearing no advertising
message, may k>e installed with the approval
of the Director of Community Development if
necessary to facilitate traffic circulation,
or if the facility is not visible from the
public `right-of-way.
D. Site Plan Review Committee Approval
All applications for permits for Reverse Vending
Machines and Small Collection Facilities shall be
approved by the Site Plan Review Committee.
E. Expiration of Permits
In the event that a recycling center is vacated,
abandoned, or suspended, all structures, vehicles,
trailers, and/or units shall be removed from the
premises with a period of thirty (30) days following
the vacation, abandonment or suspension of said
premises. Non-compliance with this section may be
abated as a public nuisance in accordance with Chapter
21 of this code.
Section 4: Section 25-9.2 of the Lynwood Municipal Code
is hereby amended to read as follows:
D. Recycling facilities using one or both of the
following: Reverse vending machines or small
collection facilities, pursuant to Section 25-8.1
herein.
Section 5: Section 25-lob of the Lynwood Municipal Code
is hereby amended as follows:
lo. Recycling facilities using one or both of the
following: Reverse vending machines or small
collection facilities, pursuant to Section 25-8.1
herein.
Section 6: Section 25-11.3 of the Lynwood Municipal Code
is hereby Amended to read:
Uses Permitted Subiect to a Conditional Use Permit
4. Large Collection Facilities and Processing
Facilities, provided the following standards are
met:
1. The facility does not abut a property zoned
or planned for residential use;
2. At least 150 feet from property zoned or
planned for residential use;
6
3. The facility will be screened from the public
right-of-way by operating in an enclosed
building or;
a. Within an area enclosed by an opaque
fence at least six (6) feet in height
with landscaping to the following
standards:
(1) A minimum of 5 feet fully
landscaped area at the front of the
site.
(2) A driveway and pedestrian access
shall be the only paved areas
within the 5 foot landscaped area.
4. Noise levels shall not exceed 60 dBA as
measured at the property line of
residentially zoned property, or otherwise
shall not exceed 70 dBA.
5. All setbacks except for the landscape
requirement of Subsection 3.a should be those
provided for in the zoning ordinance for this
district.
6. All exterior storage of material shall be in
sturdy containers which are covered, secured,
and maintained in good condition or baled or
pelletized. Storage containers for flammable
material shall be constructed on non-
flammable material. Oil storage must be in
containers approved by the Lynwood Fire
Department and the Los Angeles County Health
Department. No storage, excluding truck
trailers and overseas containers, will be
viable above the height of the fencing.
7. The site shall be maintained free of litter
and any other undesirable materials, and will
be cleaned of loose debris on a daily basis.
The containers will be clearly marked to
identify the type of material that may be
deposited; the facility shall display a
notice stating that no material shall be left
outside the recycling containers.
8. The facility will be clearly marked with the
name and phone number of the facility
operator and the hours of operation;
identification and information signs will
meet the standards of the zone; and
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.
9. Power-driven processing, including aluminum
foil and can compacting, baling, plastic
shredding, or other light processing
activities necessary for efficient temporary
storage and shipment of material, may be
approved through a Conditional Use Permit.
7
''
.. ..
10. If the facility .is located with 500 feet of
the property zoned, planned or occupied for
residential use, it shall not be in operation
between 7:00 p.m. and 7:00 a.m.
Section 7•
Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance, or
the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the
decision of any court or competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this ordinance or its application to other
persons or places.
The City Council hereby declares that it would have adopted
this ordinance, and each section, subjection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more section, subsection,
sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared invalid or
unconstitutional.
First read at a regular meeting of the City Council of
said City held on the 2nd. day of February 1988,
and finally adopted and ordered published at a regular
meeting of said Council held on the
16th
day of
February 1988, by the following vote:
AYES: COUNCILMETIBER HEINF.
RI CHARDS
NOES: NONE
MORRIS, WELLS,
ABSENT: COUNCILMEMBER IIENNING
ABSTAIN: NONE
~/'/ '
PAUL R. RICHARDS II
MAYOR
AST}T_EST,:. ~ ~/~_
~~~ v /,F ~lS ~ YJ~/i[/ .n d ,~
ANDREA HOOPER
CITY CLERK
8
wj
APPROVED AS TO CONTENT:
i i .
TO FORM:
/s/ Vicente Mas
Vincente L. Mas, Director ry S. Barbos
Community Development Dept. eneral Counsel
DDB: vlm 540.0
9