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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B23 CERTIFIED RECYCLING COLLECTION FACILITIES

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

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Division B23
CERTIFIED RECYCLING COLLECTION FACILITIES

Sec. B23-1. Definitions.

For the purpose of this division, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section, to the extent that they are not inconsistent with the definitions set forth in the Act, or amendments thereto, in which case the Act shall prevail:

(a) Recyclable material means reusable material, including 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.

(b) Recycling facility means a center for the collection of recyclable materials. A "certified recycling facility" 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 (Public Resources Code § 14500 et seq.) (hereinafter referred to as the "Act"). 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 collection facilities.

(c) Collection facility means a center for the acceptance of all types of redeemable beverage containers and refillable beer and malt beverage containers by donation, redemption or purchase from the public. Such facility does not use power-driven processing equipment except for reverse vending machines. Collection facilities may include the following:

(1) Reverse vending machine(s);

(2) Small collection facilities which occupy an area of not more than 500 square feet, and may include:

(i) A mobile recycling unit;

(ii) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

(iii) Kiosk-type units which may include permanent structures; and

(iv) Unattended containers placed for the donation of redeemable recyclable materials.

(d) Reverse vending machines means an automated mechanical device which accepts at least one or more types of empty beverage containers. (A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.) A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and may pay by weight instead of by container.

(e) Mobile recycling unit means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of redeemable recyclable materials. A "mobile recycling unit" also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-2. License required.

No person, partnership, association, corporation or other entity shall operate a certified recycling collection facility in the unincorporated area of the County without first obtaining a license from the secretary of the Planning Commission.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-3. License fee.

The nonrefundable application fee for a certified recycling collection facility use license shall be $50.00 and shall be payable at the Central Permit Office at the time the license application is submitted. Should a determination be made, during the subsequent license application review, that further compliance with the California Environmental Quality Act is required, additional fees, in an amount established by the Board of Supervisors, shall be assessed the applicant. Any such additional fees shall be payable at the Central Permit Office prior to further processing of the license application.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-4. Application for license.

Written application for the license required by this division shall be filed with the Central Permit Office at least ten days prior to the proposed date of the opening of the certified recycling collection facility. The secretary of the Planning Commission may, depending upon unusual circumstances and as long as compliance is made with all required notice requirements, waive the application time limits and accelerate the process set forth herein. Such application shall be accompanied by a fee in the amount and subject to the provisions of Section B23-3, and shall be signed by the applicant and the owners of the real property upon which the certified recycling collection facility is proposed to be conducted. The application shall set forth:

(a) The full name, present address, and telephone numbers (work and residential) of the applicant. If the application is made by a partnership, the names, addresses, and phone numbers (work and residential) of all partners shall be included. If the applicant is a corporation or other business entity, the application shall be signed by the president and all other officers required to bind the corporation, and shall contain the names, addresses, and phone numbers (work and residential) of all officers. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(b) The location and assessor's parcel number for the real property where the certified recycling collection facility is proposed to be conducted.

(c) The names and addresses of all owners of all real property located within 300 feet of the boundaries of the real property upon which the certified recycling collection facility is proposed to be conducted.

(d) The days and the hours of operation of the certified recycling collection facility.

(e) The names, addresses, and telephone numbers of the owners of the real property upon which the certified recycling collection facility shall occur and the written consent, if the applicants are not the owners or lessees, of all the owners, lessees, or their legal representatives, of the real property to the proposed use.

(f) Such further information as may be required by the secretary of the Planning Commission.

(Ord. No. NS-300.424, § 1, 12-8-87)

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)

Sec. B23-6. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this division may be conditionally reaffirmed, reaffirmed or revoked by the secretary of the Planning Commission on his/her own motion, or an application of the Planning Commission, or of the Board of Supervisors or other County officer or department head. A public hearing on such revocation, reaffirmation or conditional reaffirmation will be held, and notice thereof shall be given by the secretary of the Planning Commission in accordance with Section B23-8. The secretary of the Planning Commission may revoke or conditionally reaffirm any certified recycling collection facility license on one or more of the following grounds:

(a) That such license was obtained by fraud or false, misleading or fraudulent statements or material facts that were made in the application for the license or in any other document required pursuant to this division.

(b) That any person making use of such license is violating or has violated any conditions of such license.

(c) That the detriment to the public health or safety, or nuisance arising from the conduct of the certified recycling facility or from changed circumstances, necessitates the revocation of the license or the modification or addition to license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission.

(e) That the license holder has violated, or caused or permitted any other person under his/her control or supervision to violate any provision of this division of state or federal law in connection with a certified recycling collection facility.

An appeal to the Planning Commission from the decision of the secretary of the Planning Commission under this section may be made within 15 calendar days after the decision and in accordance with Section B23-9.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-7. Nontransferability of license.

Licenses granted under this division shall not be transferable either as to the licensee or location. Any attempt to transfer shall render the license invalid, and it shall be deemed automatically revoked.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-8. Notice of hearing.

At least five days before the date of the hearing referred to in Section B23-6, the secretary of the Planning Commission shall cause notice of such hearing to be mailed to owners of all property within 300 feet from the exterior boundaries of the property upon which an application for a proposed use has/had been made. Said notice shall be mailed to said property owners at their last-known addresses using the addresses from the last adopted tax roll of the County of Santa Clara.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-9. Appeal.

(a) Within 15 calendar days after the decision of the secretary of the Planning Commission on an application for a certified recycling collection facility license, any person dissatisfied with such decision or condition(s) may appeal to the Planning Commission, by filing an appeal application with the Central Permit Office. Such application shall be accompanied by a nonrefundable fee in an amount established by the Board of Supervisors.

(b) The secretary of the Planning Commission shall fix the time and place for the appeal to be heard by the Planning Commission. Notice of such hearing shall be mailed, at least ten days prior to the hearing, to the appellant and the applicant, all owners of real property located within 300 feet of the proposed location of the certified recycling collection facility use, the owners of the premises if different from the applicant or appellant, and to any other person who has filed a written request for such notice.

(c) The secretary of the Planning Commission shall transmit to the Planning Commission all records, minutes, papers and files which constitute the record from which the appeal is made.

(d) The Planning Commission shall hear and decide the license application as if no other hearing had been held, and may approve, disapprove or conditionally approve the application. The decision of the Planning Commission upon an appeal is final.

(e) The secretary of the Planning Commission will inform the appellant, the applicant, the property owners and the Central Permit Office whether the appeal has been granted or denied.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-10. Issuance of license.

Following the granting of a certified recycling collection facility license and, in the case of approval by means of a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant, the Central Permit Office shall issue the license. Upon issuance of the license, the Central Permit Office shall hold it for pickup by the licensee. Each use license shall be valid for a period consistent with the general intent of the Act.

(Ord. No. NS-300.424, § 1, 12-8-87)

Sec. B23-11. Joint and several liability.

Both the applicant and the property owners shall be jointly and severally liable for any loss, injury or damage resulting from the operation of any certified recycling collection facility activity pursuant to a license issued hereunder. Such joint and several responsibility shall also include any expense or liability incurred by either the County or any other public agency to public property, or the surrounding private property.

(Ord. No. NS-300.424, § 1, 12-8-87)

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