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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B23-5. Summary license issuance and potential referral for architectural and site approval.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B23-5. Summary license issuance and potential referral for architectural and site approval.

Upon the filing of a sufficient and proper application for a license fee, the Central Permit Office shall refer an application for a certified recycling collection facility license to the secretary of the Planning Commission. The secretary of the Planning Commission shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Article 51 [Chapter 5.40], "Architectural and Site Approval Procedure," of the Zoning Ordinance of the County of Santa Clara (hereinafter referred to as the "Zoning Ordinance") is required. A public hearing shall be required when the secretary of the Planning Commission, on the basis of the completed application and supporting documentation, cannot determine with reasonable certainty the following applicable criteria and reasonable certainty the following applicable criteria and standards.

Those recycling facilities permitted with an administrative license shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with an architectural and site approval permit shall meet the applicable criteria and standards, provided that the Planning Commission may relax such standards or impose stricter standards as an exercise of discretion upon finding that such modifications are reasonably necessary in order to implement the general intent of the Act. The criteria and standards for recycling facilities are as follows:

(a) Reverse vending machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones with an administrative license provided that they comply with the following standards:

(1) Shall be established in conjunction with an existing commercial or industrial use which is in compliance with the zoning, building and fire codes.

(2) Shall be located within 30 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 50 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 materials.

(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, litter-free condition on a daily basis.

(9) Operating hours shall be at least the operating hour of the host use.

(10) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(11) Shall be maintained and/or emptied on a timely basis so as to regularly have space available for the collection of materials.

(b) Small collection facilities. Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:

(1) Shall be established in conjunction with an existing commercial or industrial use which is in compliance with the zoning, building and fire codes.

(2) Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

(3) Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation.

(4) Shall accept only redeemable glass, metals, plastic containers, and newspapers.

(5) Shall use no power-driven processing equipment except for reverse vending machines.

(6) Shall use containers that are constructed and maintained with durable waterproof and rustproof materials, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

(7) Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when an attendant is not present.

(8) Shall be maintained free of litter and any other undesirable materials; and mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

(9) Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA.

(10) 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.

(11) Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

(12) Containers shall be maintained, emptied or replaced on a timely basis so as to regularly have space available for collected or donated materials.

(13) Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly 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.

(14) Signs may be provided as follows:

(i) Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger, in addition to informational signs required in Paragraph (13) of this Subsection (b); in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

(ii) Signs must be consistent with the character of the location.

(iii) Directional signs, bearing no advertising message, may be installed with the approval of the secretary of the Planning Commission, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

(15) The facility shall not impair the landscaping required of the existing use. Additional landscaping may be required to provide necessary screening from adjoining uses.

(16) 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.

(17) 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.

(18) 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:

(i) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

(ii) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

(iii) The permit will be reconsidered at the end of 18 months. A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:
Number of Available Parking SpacesMaximum Reduction
0--250
26--352
36--493
50--994
100+5

(19) If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Ord. No. NS-300.424, § 1, 12-8-87)

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