HomeMy WebLinkAboutMC-629
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
MC-629
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
19.04.172, 19.04.467, 19.04.468 AND 19.04.517 TO THE SAN
BERNARDINO MUNICIPAL CODE; AMENDING SECTIONS 19.24.020 SUBSECTION
(A), 19.26.020 SUBSECTION (B), 19.36.020 SUBSECTION (V-AA);
ADDING SECTION 19.36.020 SUBSECTION (BB) TO THE SAN BERNARDINO
MUNICIPAL CODE; AND, ADDING CHAPTER 19.41 TO THE SAN BERNARDINO
MUNICIPAL CODE TO SET OUT CONDITIONS AND PROCEDURES FOR
PERMITTING RECYCLING FACILITIES AND TO ESTABLISH CONVENIENCE
ZONES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.04.172 is added to the San
Bernardino Municipal Code as follows:
"19.04.172 Convenience zone.
'Convenience zone' means an area within a one-half mile
radius of a supermarket."
SECTION 2. Section 19.04.467 is added to the San
Bernardino Municipal Code as follows:
"19.04.467 Recycling facility.
'Recycling facility' means a center for the collection
18 and/or processing of recyclable materials. Recycling facilities
19 include but are not limited to reverse vending machines, kiosks,
20 mobile units, and processing facilities. All recycling
21 facilities shall require adequate refuse containers to be
22 maintained at the facility."
~
SECTION 3. Section 19.04.468 is added to the San
24 Bernardino Municipal Code as follows:
25 "19.04.468 Recycling material.
26 'Recycling material' means reusable domestic containers
27 including but not limited to metals, glass, plastic and paper
28
4-7-88
DAB:cm
1
MC-629
1 which are intended for reuse, remanufacture, or reconstitution
2 for the purpose of reusing the altered form, but does not include
3 refuse or hazardous materials."
4 SECTION 4. Section 19.04.517 is added to the San
5 Bernardino Municipal Code as follows:
6 "19.04.517 Supermarket.
7 'Supermarket' means a full-service, self-service retail
8 store with gross annual sales of two million dollars or more and
9 which sells a line of dry grocery, canned goods, or non-food
10 items and some perishable items."
11 SECTION 5. Section 19.24.020 Subsection (A) of the San
12 Bernardino Municipal Code is amended to read as follows:
13 "A. Retail stores of the following types conducted
14 wholly within an enclosed structure. Excepted from this section
15 are recycling facilities of the following types: reverse vending
16 machines, small collection facilities, mobile units, and kiosk-
17 type collection facilities as defined in Chapter 19.41. No
18 outdoor display of merchandise other than motor vehicles shall be
19 permitted unless approved under Chapter 5.22 pertaining to
20 outdoor sales and displays:
21 1. Bakery employing not more than five persons;
22 2. Book store;
23 3. Confectionery store;
24 4. Drugstore;
25 5. Drygoods or notions store;
26 6. Florist or gift shop;
27 7. Grocery, fruit, or vegetable store;
28
4-7-88
DAB:cm
2
MC-629
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8. Hardware or electrical appliance store;
9. Jewelry store;
10. Meat market or delicatessen store;
11. Packaged ice station;
12. Photographic supplies store; and
13. Stationery store.
SECTION 6. Paragraph 23 is hereby added to Subsection B of
Section 19.26.020 to read as follows:
"23. Recycling collection facilities of the following
types as defined in Section 19.41.020:
1. Reverse vending machines;
2. Mobile units; and
3. Kiosk-type units."
SECTION 7. Section 19.36.020 Subsections V through AA is
amended to read as follows:
"V. Recycling facilities of the following types as defined
in Section 19.41.020:
1. Recycling collection facilities; and
2. Recycling process facilities.
W. Repair garages.
X. Retail lumber yards including incidental mill work.
Y. Small boat building and repair.
Z. Veterinarian animal hospital.
AA. Wholesaling and warehousing."
SECTION 8. Subsection BB is added to Section 19.36.020 to
read as follows:
4-7-88
DAB:cm
3
MC-629
1 "BB. Such other uses which the Planning Commission
2 determines to be similar in nature and which do not produce
3 obnoxious noise, odor, dust, smoke, glare or other nuisance."
4 SECTION 9. Chapter 19.41 is added to the San Bernardino
5 Municipal code to read as follows:
6 "Chapter 19.41
7 Convenience Zones
8 19.41.010 Purpose.
9 The purpose of this Chapter is to provide a comprehensive
10 and easily understood program to make the redemption and
11 recycling of reusable materials convenient to the consumer in
12 order to reduce litter and increase the recycling of reusable
13 materials.
14 19.41.020 Definitions.
15 A. Recycling or Recyclable Material. Recyclable materials
16 are reusable domestic containers including but not limited to
17 metals, glass, plastic and paper which are intended for reuse,
18 remanufacture, or reconstitution for the purpose of using the
19 altered form. Recyclable material does not include refuse or
20 hazardous materials.
21 B. Recycling Facility. A recycling facility is a center
22 for the collection and/or processing of recyclable materials. A
23 certified recycling facility or certified processor means a
24 recycling facility certified by the California Department of
25 Conservation as meeting the requirements of the California
26 Beverage Container Recycling and Litter Reduction Act of 1986. A
27 recycling facility does not include storage containers of
28
4-7-88
DAB:cm
4
MC-bZ'J
1 processing activity located on the premises of a residential,
2 commercial or manufacturing use and used solely for the recycling
3 of material generated by that residential property, business or
4 manufacturer. Each recycling facility shall maintain adequate
5 refuse containers at the site for disposal of non-hazardous
6 waste. Each separate recycling facility location shall obtain
7 and maintain a business license from the City of San Bernardino.
8 Recycling facilities shall meet all applicable health and safety
9 statutes and administrative regulations. Recycling facilities
10 may include the following:
11 1. Collection Facility.
12 A collection facility is a center for the acceptance
13 by donation, redemption or purchase of recyclable materials from
14 the public. Such a facility does not use power driven processing
15 equipment except as indicated in Section 19.41.040 Criteria and
16 Standards. Collection facilities may include the following:
17 a. Reverse vending machine(s)
18 b. Small collection facilities which occupy an area
19 of more than five hundred square feet and may include:
20 1. A mobile unit;
21 2. Bulk reverse vending machines or a grouping of
22 reverse vending machines occupying more than fifty square feet;
23 3. Kiosk-type units which may include permanent
24 structures.
25 c. Large collection facilities which may occupy an
26 area of more than five hundred square feet and may include
27 permanent structures.
28
4-7-88
DAB:cm
5
MC-o ;t~
1 2. Processing Facility. A processing facility is a
2 building or enclosed space used for the collection and processing
3 of recyclable materials. Processing means the preparation of
4 materials for efficient shipment, or to an end-user's
5 specifications by such means as baling, briquetting, compacting,
6 flattening, grinding, crushing, mechanical sorting, shredding,
7 cleaning and remanufacturing. Processing facilities include the
8 following:
9 a. Light processing facility occupies an area of
10 under forty-five thousand square feet of gross collection,
11 processing and storage area and has up to an average of two
12 outbound truck shipments per day. Light processing facilities
13 are limited to baling, briquetting, crushing, compacting,
14 grinding, shredding and sorting of source separated recyclable
15 materials sufficient to qualify as a certified processing
16 facility. A light processing facility shall not shred, compact,
17 or bale ferrous metals other than food and beverage containers.
18 b. A heavy processing facility is any processing
19 facility other than a light processing facility.
20 C. Reverse Vending Machines. A reverse vending machine is
21 an automated mechanical device which accepts at least one or more
22 types of empty beverage containers including, but not limited to
23 aluminum cans, glass and plastic bottles, and issues a cash
24 refund or a redeemable credit slip with a value not less than the
25 container's redemption value as determined by the state. A
26 reverse vending machine may sort and process containers
27 mechanically provided that the entire process is enclosed within
28
4-7-88
DAB:cm
6
MC-629
1 the machine. In order to accept and temporarily store all three
2 container types in a proportion commensurate with their relative
3 redemption rates, and to meet the requirements of certification
4 as a recycling facility, multiple grouping of reverse vending
5 machines may be necessary.
6 A bulk reverse vending machine is a reverse vending machine
7 that is larger than fifty square feet, is designed to accept more
8 than one container at a time and will pay by weight instead of by
9 container.
10 D. Mobile Recycling Unit. A mobile recycling unit means
11 an automobile, truck, trailer, or van, licensed by the Department
12 of Motor Vehicles which is used for the collection of recyclable
13 materials. A mobile recycling unit also means the bins, boxes,
14 or containers transported by trucks, vans, or trailers, and used
15 for the collection of recyclable materials.
16 E. Convenience Zones. An area within a one-half mile
17 radius of a supermarket.
18 F. Supermarket. A full-service, self-service retail store
19 with gross annual sales of two million dollars or more, and which
20 sells a line of dry grocery, canned goods, or non-food items and
21 some perishable items.
22 19.41.030 Permits required.
23 No person shall permit the placement, construction or
24 operation of any recycling facility without first obtaining a
25 permit pursuant to the provisions set forth in this section.
26 Recycling facilities may be permitted as set forth in the
27 following table:
28
4-7-88
DAB:cm
7
MC-629
1
2
3
4
5
6
7
8
9
11)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Tyoe of Facility
Zones Permitted
Permit Required
Reverse Vending
Machine (s)
All Commercial
All Industrial
Administrative
Review (DRC)and
Permit up to five
reverse vend ing
machines
Small Collection
C-2, C-3 and
All Industrial
Administrative
(DRC)
Large Collection
C-3 Commercial
Industrial
Conditional Use
Permit
Light Processing
All Industrial
Conditional Use
Permit
Heavy Processing
Light Industrial
Heavy Industrial
Conditional Use
Permit and Site
Development
19.41.040 Criteria and standards.
Those recycling facilities permitted with an administrative
permit shall meet all of the applicable criteria and standards
listed. Those recycling facilities permitted with a conditional
use permit or development review shall meet the applicable
criteria and standards provided that the Director of Planning,
Planning Commission, or City Council as the case may be, may
relax such standards or impose stricter standards as an exercise
of discretion upon a finding that such modifications are
reasonably necessary in order to implement the general intent of
this section and the purpose of this Title.
The criteria and standards for recycling facilities are as
follows:
A. Reverse Vending Machine(s). Reverse vending machine(s)
located within a commercial structure require a Review of Plans
approval. Reverse vending machines do not require additional
parking spaces for recycling customers and may be permitted in
4-7-88
DAB: em
8
MC-629
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
all commercial and industrial zones with a DRC review and
provided that they comply with the following standards:
1. Shall be established in conjunction with a
commercial use or community service facility which is in
compliance with the zoning, building, and fire code of the City
of San Bernardino.
2. Shall be located within thirty feet of the
entrance to the commercial structure and shall not obstruct
pedestrian or vehicular circulation.
3. Shall not occupy parking spaces required by the
primary use.
4. Shall occupy no more than fifty square feet of
floor space per installation, including any protective enclosure,
and shall be no more than eight feet in height.
5. Shall be constructed and maintained with durable
waterproof and rustproof material.
6. Shall be clearly marked to identify the type of
material to be deposited, operating instructions, and the
identity and phone number of the operator or responsible person
to call if the machine is inoperative.
7. Shall have a sign area of a maximum of four
square feet per machine, exclusive of operating instructions.
8. Shall be maintained in a clean, sanitary, and
litter-free condition on a daily basis.
9. Operating hours shall be at least the operating
hours of the host use.
4-7-88
DAB:cm
9
MC-629
1 10. Shall be illuminated to insure comfortable and
2 safe operation if operating hours are between dusk and dawn.
3 11. Shall maintain an adequate refuse container for
4 disposal of non-hazardous waste.
5 B. Small Collection Facilities. Small collection
6 facilities may be sited in commercial and industrial zones with
7 Development Review procedures provided they comply with the
8 following conditions:
9 1. Shall be established in conjunction with an
10 existing commercial use or community service facility, located
11 within a convenience zone and which is in compliance with the
12 zoning, building and fire codes of the City of San Bernardino.
13 2. Shall be no longer than five hundred square feet
14 and occupy no more than five parking spaces not including space
15 that will be periodically needed for removal of materials or
16 exchange of containers.
17 3. Shall be set back at least ten feet from any
18 street line and shall not obstruct pedestrian or vehicular
19 circulation.
20 4. Shall accept only glass, metals, plastic
21 containers, papers and reusable items.
22 5. Shall use no power-driven processing equipment
23 except for reverse vending machines.
24 6. Shall use containers that are constructed and
25 maintained with durable waterproof and rustproof material,
26 covered when site is not attended, secured from unauthorized
27 entry or removal of material, and shall be of a capacity
28
4-7-88
DAB:cm
10
MC-629
1 sufficient to accommodate materials collected and collection
2 schedule.
3 7. Shall store all recyclable material in the mobile
4 unit vehicle and shall not leave materials outside of unit when
5 attendant is not present.
6 8. Shall be maintained clean, sanitary and free of
7 litter and any other undesirable materials, and mobile facilities
8 at which truck or containers are removed at the end of each
9 collection day, shall be swept at the end of each collection day.
10 9. Shall not exceed noise levels of sixty dBA as
11 measured at the property line of residentially zoned or occupied
12 property, otherwise shall not exceed seventy dBA.
13 10. Attended facilities shall not be located within
14 one hundred feet of a property zoned or occupied for residential
15 use.
16 11. Collection containers, site fencing, and signage
17 shall be of such color and design so as to be compatible with and
18 to harmonize with the surrounding uses and neighborhood.
19 12. Containers shall be clearly marked to identify
20 the type of material which may be deposited; the facility shall
21 be clearly marked to identify the name and telephone number of
22 the facility operator and the hours of operation and display a
23 notice stating that no material shall be left outside the
24 recycling enclosure or containers.
25 13. Signs may be provided as follows:
26 a. Recycling facilities may have identification
27 signs with a maximum of fifteen percent per side or sixteen
28
4-7-88
DAB:cm
11
IC~29.-'
1
2
3
4
5
6
7
8
9
Hl
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
square feet, whichever is greater in addition to informational
signs required in section 4.b.12; in the case of a wheeled
facility, the side will be measured from the ground to the top of
the container.
b. Signs must be consistent with the character of
their location.
c. Directional signs, bearing no advertising message
may be installed with the approval of the Director of Planning if
necessary to facilitate traffic circulation or if the facility is
not visible from the public right-of-way.
14. The facility shall not impair the landscaping
required by local ordinances for any concurrent use by this Title
or any permit issued pursuant thereto.
15. No additional parking space 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.
16. 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.
17. 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 unless all
of the following conditions exist:
a. A parking study shows that existing parking
capacity is not already fully utilized during the time the
recycling facility will be on the site; and
4-7-88
DAB:cm
12
MC-629
1 b. The permit will be reconsidered at the end of
2 eighteen months.
3 18. Small collection facilities shall not be twenty-
4 four-hour operations.
5 19. Small collection facilities may be subject to
6 landscaping and/or screening as determined by the Development
7 Review Committee or Planning Commission.
8 20. Shall maintain adequate refuse containers for
9 the disposal of non-hazardous waste.
10 C. Large Collection Facilities. A large collection
11 facility is one that is larger than five hundred square feet, or
12 is on a separate property not appurtenant to a host use, and
13 which has a permanent building. A large collection facility is
14 permitted in community commercial, general commercial, and
15 commercial-manufacturing and industrial zones with a Conditional
16 Use Permit, provided the facility meets the following standards:
17 1. Facility does not abut a property zoned or
18 planned for residential use.
19 2. Facility will be screened from the public right-
20 of-way by operating in an enclosed building.
21 3. Setbacks and landscape requirements shall be
22 those provided for the zoning district in which the facility is
23 located.
24 4. All exterior storage of material shall be in
25 sturdy containers which are covered, secured, and maintained in
26 good condition. Outdoor storage shall be screened by a six-foot,
27
28
4-7-88
DAB:cm
13
HC-629
1 non-see-through fence or wall. No storage, excluding truck
2 trailers shall be visible above the height of the fencing. No
3 outdoor storage shall be permitted in the C-3 General Commercial
4 Zone, or the C-2 Community Commercial Zone.
5 5. Site shall be maintained clean, sanitary and free
6 of litter and any other undesirable materials, and will be
7 cleaned of loose debris on a daily basis.
8 6. Space will be provided on site for six vehicles
9 to circulate and to deposit recyclable materials.
10 7. Four parking spaces for employees plus one
11 parking space for each commercial vehicle operated by the
12 recycling facility shall be provided for on-site.
13 8. Noise levels shall not exceed 60 dBA as measured
14 at the property line of residentially zoned property or otherwise
15 shall not exceed 70 dBA.
16 9. If the facility is located within five hundred
17 feet of the property zoned, planned or occupied for residential
18 use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.
19 10. Any containers provided for after hours donation
20 of recyclable materials will be at least fifty feet from any
21 property zoned or occupied for residential use, shall be
22 permanently located and shall be of sturdy rustproof
23 construction, shall have sufficient capacity to accommodate
24 materials collected and shall be secure from unauthorized entry
25 or removal of materials.
26 11. Donation areas will be kept free of litter and
27 any other undesirable material and the containers will be clearly
28
4-7-88
DAB:cm
14
MC-629
1 marked to identify the type of material that may be deposited;
2 facility shall display a notice stating that no material shall be
3 left outside the recycling containers.
4 12. Facility will be clearly marked with the name
5 and phone number of the facility operator and the hours of
6 operation; identification and informational signs will meet the
7 standards of the zone; and directional signs bearing no
8 advertising message may be installed with the approval of the
9 Director of Planning if necessary to facilitate traffic
10 circulation.
11 13. Shall maintain adequare refuse containers for the
12 disposal of non-hazardous waste.
13 D. Processing Facilities. Light processing
14 facilities and large processors shall be permitted in all
15 industrial zones with a Conditional Use Permit.
16 1. Facility does not abut a property zoned or
17 planned for residential uses.
18 2. In a commercial or light industrial zone,
19 processors will operate in a wholly enclosed building.
20 3. Power-driven processing shall be permitted
21 provided all noise level requirements are met. Light processing
22 facilities are limited to baling, briquetting, crushing,
23 compacting, grinding, shredding and sorting of source-separated
24 recyclable materials and repairing of reusable materials.
25 4. A light processing facility shall be no larger
26 than forty-five thousand square feet and shall have no more than
27 an average of two outbound truck shipments of material per day
28
4-7-88
DAB:cm
15
MC-629
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and shall not shred, compact or bale ferrous metals other than
food and beverage containers.
5. Setbacks and landscaping requirements shall be
those provided for the zoning district in which the facility is
located.
6. All exterior storage of material shall be in
sturdy containers or enclosures which are covered, secured and
maintained in good condition. Storage containers for flammable
materials shall be constructed of nonflammable material. No
storage excluding truck trailers shall be visible above the
height of the fencing.
7. Site shall be maintained clean and free of litter
and any other undesirable materials, and shall be cleaned of
loose debris on a daily basis and shall be secured from
unauthorized entry and removal of materials when attendants are
not present.
8. Space shall be provided 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 customers.
9. One parking space will be provided for each
commercial vehicle operated by the processing center.
10. Noise levels shall not exceed sixty dBA as
measured at the property line of residentially zoned or occupied
property, or otherwise shall not exceed seventy dBA.
11. If the facility is located within five hundred
feet of property zoned or planned for residential use, it shall
4-7-88
DAB:cm
16
MC-629
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
not be in operation between 7:00 p.m. and 7:00 a.m. The facility
will be administered by on-site personnel during the hours the
facility is open.
12. Any containers provided for after-hours donation
of recyclable materials will be at least one hundred feet from
any property zoned or occupied for residential use shall be
sturdy, rustproof construction; shall have sufficient capacity to
accommodate materials collected and shall be secure from
unauthorized entry or removal of materials.
13. Donation areas shall be kept free of litter and
any other undesirable material. The containers shall be clearly
marked to identify the type of material that may be deposited.
Facility shall display a notice stating that no material shall be
left outside the recycling containers.
14. Sign requirements shall be those provided for
the zoning district in which the facility is located. In
addition, facility shall be clearly marked with the name and
phone number of the facility operator and the hours of operation.
15. No dust, fumes, smoke, vibration or odor above
ambient level may be detectable on neighboring properties.
16. Shall maintain adequate refuse containers for
the disposal of non-hazardous waste.
19.41.050
Term.
Any permit issued pursuant to this Chapter shall have a
term of one year. In subsequent years the City shall take into
consideration the applicant's history of compliance with the
terms and conditions of this Chapter, with the health and safety
of the people of the City of San Bernardino."
4-7-88
DAB:cm
17
MC-629
,
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,~ ,'"
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
Regular
on the
nth day of
.T11r\e:::.
vote, to wit:
meeting thereof, held
, 1988, by the following
AYES:
Council Members
Estrada, ..!,'."~llYJ Flores ,
Mauds~~x!_~~no~, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
~~b
/ City Clerk
-Z -XI
The foregoing ordinance is hereby approved this ,.F--day
of
June
1988.
.C, .
/;' /
((;) " < ,,J__X~(),-./1 ~{.)
Mayor 01. the
--..-.. _. .
Approved as to form
and legal content:
4-7-88
DAB:cm
18
/)1 '"..
/ / /L(~ ,/
6ity of S~n Bernardino