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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