Loading...
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