Attachment F
CAMPBELL, CA
Created: 2024‐06‐26 15:21:42 [EST]
(Supp. No. 39, 6/24)
21.36.245 Collection Containers.
A. Purpose. The City has experienced a proliferation of Collection Containers and their placement in required parking stalls, required landscaped areas, in residential areas located in many zoning districts of city, often without property owner's permission. The proliferation of these containers in-and-of themselves contribute to visual clutter; and in areas throughout the State, collection containers have contributed blight due to graffiti, and the accumulation of debris and excess items outside of the collection containers.
They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. The purpose of these regulations is to promote the health, safety, and/or welfare of the public, and protect the property rights of the owners of parcels on which the collection containers are located, by providing minimum blight- related performance standards for the operation of collection containers, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, (3) the collection containers are maintained in safe and sanitary conditions, (4) the collection containers are not placed without the approval of the property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and that operators properly report information concerning the diversion of materials from landfills. This section regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes.
B. Definition in Municipal Code. As used herein, the te rms and phrases shall have the same meaning as defined in Chapter 21.72.020 of the Municipal Code.
C. Conflicting Provisions. Where a conflict exists between the regulations or requirements in this section and applicable regulations or requirements contained in other sections of the Campbell Municipal Code, the applicable regulations or requirements of this section shall prevail.
D. Permit Requirements.
1. Except as provided in paragraph 2. below, it is unl awful to place, operate, maintain or allow a collection container on any real property unless the property owner and operator of the collection container first obtain an annually renewable permit from the City.
2. Collection containers that satisf y the following standards are exempt from the permit requirements of this section:
a. Collection containers that are located within an entirely enclosed and lawfully constructed and permitted building, or that otherwise cannot be seen from outside of the boundaries of the property on which the containers are located, provided that such collection containers satisfy the operational requirements set forth in subsections I. through K.; b. Cargo storage containers that are in complian ce with Chapter 21.45 (Temporary Uses) of this Code;
c. Refuse or recycling containers that comply wi th the provisions of Chapter 6.04 of this Code.
3. Approval of collection containers on more than one parcel may be sought in a single application.
4. An application for a collection container shall be pr ocessed as ministerial action in accordance with this section. The Community Development Director shall be the decision maker.
E. Application Requirements. The permit application shall be made on a form provided by the Community Development Department, and shall include:
Attachment F
CAMPBELL, CA
Created: 2024‐06‐26 15:21:42 [EST]
(Supp. No. 39, 6/24)
1. The signatures of the property owner and the operat or of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;
2. A non-refundable application fee in an amount set by resolution of the City Council;
3. The name, address, email, we bsite (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including twenty-four-hour contact information;
4. A vicinity map showing (a) the proposed location of the collection containers; and (b) the distance between the site and all existing collection containers owned or controlled by the applicant within five- hundred feet of the proposed location for the collection containers;
5. Photographs of the location and adjacent properties;
6. A site plan containing:
a. Location and dimensions of all parcel boundaries;
b. Location of all buildings;
c. Proposed collection container location;
d. Distance between the proposed collection container and parcel lines buildings; and e. Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;
7. Elevations showing the appearance , materials, and dimensions of the collection container, including the information required in this section to be placed on the collection container and notice sign;
8. A description and/or diagram of the proposed locking mechanism of the collection container;
9. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and
10. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section.
F. Permit Expiration and Renewal. A permit issued un der this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the Community Development Department, and shall include:
1. The signatures of the property owner and the operat or of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;
2. A non-refundable application fee in an amount set by resolution of the City Council;
3. Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;
4. A detailed description of any information that is different from the information submitted on the previous application; and
Attachment F
CAMPBELL, CA
Created: 2024‐06‐26 15:21:42 [EST]
(Supp. No. 39, 6/24)
5. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section.
G. Decision on Application.
1. The Community Development Director shall approve or deny an application within sixty days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required sixty days, the application shall be deemed approved.
2. The Community Development Director shall approve the application if all of the following are true, otherwise the Director may deny the application:
a. The applicant has submitted a complete, fully ex ecuted and accurate application accompanied by the applicable fee;
b. The property on which the collection container is to be located has been free of graffiti (as defined in subsection (e) of California Government Code Section 53069.3 or any successor statute) for at least six months prior to the submission of the application; c. The property on which the collection container is to be located has been free of any conditions constituting a public nuisance (as defined in Section 6.10.020 of this Code) for at least six months prior to submission of the application;
d. The applicant is neither currently in violation of , nor has been found in violation of this section or Chapter 6.10 of this Code within one year prior to submission of the application; and e. The application will be in co mpliance with all of the applicable provisions of this section.
3. The Community Development Direct or shall mail written notice to the applicant of the Director's decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, or approved subject to conditions, the notice shall set forth the reasons for the denial or conditions, as well as the facts supporting the Director's reasons.
4. The decision of the Community Development Director shall be final, and not subject to administrative appeal.
H. Revocation. Any permit issued unde r this section may be revoked or modified as provided in Chapter 21.68 of this Code.
I. Location of containers.
1. Large collection containers sha ll be located in compliance with Article 2, (Zoning Districts).
2. Small collection containers sha ll be located in compliance with Article 2, (Zoning Districts).
3. No collection container shall be located within fi ve-hundred feet from any other collection container, except those described in paragraph (2) of subsection (d) of this section.
4. No collection container shall be located within three-hundred feet of a residentially zoned parcel.
5. No collection container shall be located on or within : a. The public right-of-way (including sidewalks); b.
Area designated for landscaping;
6. No collection container shall be located in or block or impede access to any:
a. Required parking or driveway areas;
b. Pedestrian routes;
Attachment F
CAMPBELL, CA
Created: 2024‐06‐26 15:21:42 [EST]
(Supp. No. 39, 6/24)
c. Emergency vehicle routes;
d. Building ingress and egress;
e. Required handicapped accessibility routes;
f. Required easements; or
g. Trash enclosure areas or access to trash bins or trash enclosures. h. Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.
7. No more than one collection container shall be located on any parcel, except for those described in paragraph (2) of subsection (d) of this section.
8. No large collection container shall be located wi thin the designated setback space of any parcel.
J. Physical Attributes.
1. All collection containers, other than those describe d in paragraph 2. of subsection D. of this section shall:
a. Be fabricated of durable and waterproof materials;
b. Be placed on ground that is paved with a durable concrete surface and secured with appropriate supports, anchorages, or attachments;
c. Have a tamper-resistant locking mechanism for all collection openings; d. Not be electrically or hydraulica lly powered or otherwise mechanized; e. Not be considered a fixture of the sit e or an improvement to real property.
2. A small collection container shall be no taller than seven feet above the finished grade of the parcel on which it is located.
3. Small collection containers shall have the followi ng information conspicuously displayed in at least two-inch type visible from the front on the collection container:
a. The name, address, twenty-four-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner;
b. The type of material that may be deposited; and
c. A notice stating that no material shall be left outside the collection container.
4. Large collection containers shall have the followi ng information conspicuously displayed in at least four-inch type visible on all sides of the collection container:
a. The name, address, twenty-four-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the collection container and the agent for the property owner;
b. The type of material that may be deposited;
c. A notice stating that no ma terial shall be left outside the collection container; and d. A statement that no items may be left for collection unless an attendant is on duty.
K. Maintenance and Operation.
Attachment F
CAMPBELL, CA
Created: 2024‐06‐26 15:21:42 [EST]
(Supp. No. 39, 6/24)
1. No overflow collection items, litter, debris or dum ped materials shall be allowed to accumulate within twenty feet of any collection container.
2. Collection containers shall be main tained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
3. Collection containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in Section 6.10.020 of this Code.
4. The operator shall maintain an active email a ddress and a 24-hour telephone service with recording capability for the public to register complaints.
5. Any conditions that are in violatio n of this section must be remedied or abated within forty-eight hours of being reported to the operator or property owner. Notice to the operator shall be provided telephone and/or email at the number or address that is required to be placed on the container pursuant to this Code section. Notice to the property owner shall be effective upon delivery of the notice by First Class United States Mail to the address listed on the last equalized County Assessor's role.
6. Collection containers cannot be used for the colle ction of solid waste and/or any hazardous materials except as authorized by Chapter 6.04 of this Code or other applicable law.
7. The operators of the collection containers shall re port all tonnage collected within city limits on a annual basis by June 1st of the following year to the public works department (pursuant to the requirements of Integrated Waste Management Act, (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016] and SB 1016, the Per Capita Disposal Measurement System i) in order to properly account for the City of Campbell waste diversion and recycling efforts.
8. Large collection containers shall have an attendant present at the container at all times that items are being collected.
(Ord. No. 2222, § 8, 5-16-2017, eff. 6-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)