HomeMy WebLinkAboutORD 0993 (1987) 1
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 " TUSTIN APPROVING ZONING ORDINANCE AMENDMENT NO.
87-3 THEREBY AMENDING SECTIONS 9232.a.2, 9232.b,
4 9233.c, 9244.d, 9244.e.2 and 9297 OF THE TUSTIN
MUNICIPAL CODE, 'TO .PERMIT REDEMPTION CENTERS FOR
5 RECYCLABLE BEVERAGE CONTAINERS IN THE C-1, C-2 &
PC, ZONING DISTRICTS, SUBJECT TO ADMINISTRATIVE
6 AND CONDITIONAL USE PERMITS
7 WHEREAS, on September 8, 1987, the City Council of the City of Tustin,
-C.alifornta, does hereby ordain as follows:
8
Section 1: Section 9297 shall be amended to include the following
9 definitions, integrated in a.lphabetical order, to read as follows:
10 Beverage
1~ "Beverage" means beer and other malt beverages, carbonated
mineral and soda waters, and similar carbonated soft drinks in
12 liquid form which are intended for human consumption..
13 Beverage contatnet
14 "Beverage container" means the individual, separate bottle, can,
jar, carton, or other receptacle, however denominated, in which
15 a beverage is sold, and which is constructed of metal, glass, or
plastic, or other material, or any combination of these
16 materials. "Beverage container" does not include cups or other
similar open or loosely sealed receptacles.
17
ConsulBet
"Consumer" means every person who, for his or her use or
19 consumption, purchases a beverage in a beverage container from a
dealer. "Consumer" includes, but is not limited to, a lodging,
20 eating, or drinking establishment, and soft drink vending
machi ne s.
21
llebtle Recycling Unit
22 A "Moble Recycling Unit" means an automobile, truck, trailer or
van, licensed by the Department of Motor Vehicles, which is used
23 for the collection of recyciable materials. A Mobile Recycling
24 Center also means the bins, boxes or containers transported by
trucks, vans, or trailers,' and used for the collection of
25 recyclable materials.
26 Processor
"Processor" means any person, including a scrap dealer,
27 certified by the State Department of Conservation who purchases
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Ordinance No. 993
2 Page. two
3
4 empty aluminum beverage containers, nonaluminum metal beverage
contai nets, gl ass beverage contai nets, pl asti c beverage
5 containers, or any other beverage containers, including any one
or more of those beverage containers, which have a' redemption
6 value established pursuant to this division, from recycling
center in this state for recycling, or, if the container is not
7 recyclable, not for recycling, and who cancels, or who certifies
to the department in a form prescribed by the Department of
8 Conservation of,. the redemption value and redemption bonus of
these empty beverage containers by processing empty beverage
9 containets, t n any manner which the department may prescribe.
However, the department shall not take any action regulating
10 scrap deal ers or recycl i ng centers who are processors or
recycling centers unless authorized by and pursuant to the goals
11 of this division.
12 Recycle; recycled; recycling; recyclable
13 "Recycle," "recycled," "recycling" or "recyclable" means the
reuse or refilling of empty beverage containers or the process
li of sorting, cleansing, treating, and reconstituting empty
postfilled beverage containers for the purpose of using the
15 altered form. "Recycle," "recycled," "recycling," "recyclable,"
does not include merely sorting, shredding, stripping;
16 compressing, storing, landfilling with, or disposing of an empty
beverage contai net.
17
Recyclable Naterial
Recyclable material is reusable material, including but not
limited to metals, glass, plastic and paper, which are intended
19 for reuse, remanufacture, or reconstttutton for the purpose of
using the altered form. Recyclable material does not include
20 refuse or hazardous materials. Recyclable material may include
used motor oil collected and transported in accordance with
21 Section 25250.11 and 25143.2(b)(4) of the California Health and
22 Safety Code and Orange County Fire and Health Departments.
23 Recycl tng Fad 1 tty
24 A Recycling Facility is a center for the collection of
recyClable materials. A Certified Recycling Facility means a
Recycling Facility certified by the California Department of
25 Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction'Act of 1986.
26; A Recycling Facility does not include storage containers or
processing activity located on the premises of a residential,
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Ordi'nance No. 993
2 Page .three
3
J~ commercial, or manufacturing use and used solely for the
recycling of material generated by that residential property,
5 business or manufacturer. Recycling Facilities includes the
fol 1 owl ng:
6 A Col-lectton Facility is a center for the acceptance, by_
7 donation, redemption, or purchase, of recyclable materials
from the public. Such a factlity does not use power-driven
8 processing equipment except as indicated In Section 4
Criteria and Standards. Collection Facilities my include
9 the following:
10 1. Reverse Vending Machines which occupy an area of not
more than 50 square feet.
11 2. Bulk reverse vendlng machines' occupying no more than
12 500 square feet.
13 3. Large collection facilities which occupy a permanent
building or store front.
1 i Redam ti on; redeem
15 "Redemption" and "redeem" means the return to a recycling center
of an empty beverage container for a refund of at least the
16 redemption Value and any applicable redemption bonus.
] 7 Vendt ng Machi nes
18 A Reverse Vendtng Machine is an automated mechanical device
which accepts at least one or more types of empty beverage
19 containers including, but not limited to aluminum cans, glass
and plastic bottles, and issues a cash refund or a redeemable
20 credit slip with a value not less than the container's
redemption value as determined by the State. A Reverse Vending
21 Machine may sort and process containers mechanically provided
that the entire process is enclosed within the machine. (In
22 order to accept and temporarily store all three container types
in a proportion commensurate with their relative redemption
23 rates, and to meet the requirements of certification as a
recycling facility, multiple grouping 'of Reverse Vending
2J~ Machines may be necessary.)
25 A Bulk Reverse Vending Machine ts a Reverse Vending Machine that
is"li'~ger than 50 square' feet; is designed to accept more than
26~ one container at a time; and will pay by weight instead of by
contai net.
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Ordinance No. 993
2 Page four ~.
3
J~ Supermarket
5 "Supermarket" means a full-line, self-service retail store with
gross annual sales of two million dollars ($2,000,000) or more,
6 and which sells a line of dry grocery, canned foods, or nonfood
items and soma perishable items. -
7
Section 2: Section 9232.a.2 shall be amended to add Subsection (v) to the
8 11st of permitted uses to read as follows:
9 "(v) Reverse rending t4achtnes subject to the .following regulations:
10 (1) Established tn conjunction with a supermarket which is in
compliance with the zonfng, building .and fire codes of the
]~ City of Tusttn;
]2 (2) Located within 30 feet of the entrance to the supermarket
and shall not obstruct pedestrian or vehicular circulation;
(3) Does not occupy parking spaces required by the primary use;
(4) Occuppies .no more than 50 square feet of floor space per
35 installation, including any protective enclosure;
16 (5) Maximum height: eight (8)-feet;
17 (6) Constructed and maintained with durab]e waterproof and
rustproof material;
(7) Clearly marked to identify the type of material to be
)9 deposited, operating instructions, and the identity and
phone number of the operator or responsible person to call
20 if the machine ts inoperable;
2) (8) Sign area shall be limited to a maximum of four (4) square
feet per machine, exclusive of operating instructions;
22
(9) Hathrained in a clean, litter-free condition on a daily
23 basis;
24 (10) Operating hours shall be at least the operating hours of
the supermarket (host use), but may be 24 hours;
25 (11) Illuminated to ensure confortable and safe ,operation if
26 operating hours are between dusk and dawn;
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2 Ordt nance No. 993
Page ftve
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4 (12) Outdoor storage of any kind ts prohfbited."
5 Sectton 3: Sectton 9232.b shall be amended to add Subsection-(u) to the
ltst of condlttonally permitted uses to read as fol]ows:
6
7 "(u) Bulk Vendtrig Machines, subject to the fol]owtng regulations: "
8 (1) Established tn conjunction w~th an existtng supermarket
which is in compliance with the zoning, butldlng and ftre
9 codes of the Ctty of Tusttn;
(2) No larger than 500 square feet and not occupying any
10 parktng spaces requtred by the prtmary use;
13 (3) Maximum hetght: 10 feet;
12 (4) Shall not obstruct pedestrian or vehicular circulation, and
33 shall be located within 100 feet of the host use;
(5) Minimum setbacks: 10 feet from any propery line;
14
(6) Accept only glass, metals, plastic containers, papers and
35 reusable items. Used motor oil may be accepted with
permission of the Orange County Fi re and Heal th
16 Departmen ts;
17 (7) No power-driven processing equipment except for Reverse
Vending Machines shall be used;
18
(8) Containers are constructed and maintained with durable
19 waterproof and rustproof material, secured from
unauthorized entry or removal'of material and shall be of a
20 capacity sufficient to accommodate materials collected and
collection schedule;
21
(9) All recyclable material shall be stored internally;
22
(10) Maintained free of litter, pests, vermin and any other
23 undesirable materials at all times;
(11) Not exceed exterior noise levels of 60dBA;
25 (12) Containers for donation of materials shall be
at least 75 feet from any property zoned or-occupied for
26 residential use and shall not operate between the hours of
12 a.m. and 6 a.m.
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Ordinance No. 993
2 Page six
3
J~ (13) Containers shall be clearly marked to identify the type of
matertal which my be deposited; the facility shall be
5 clearly marked to identify the name and telephone number of
the facility operator and the hours of operation, and
6 display a notice stating that no material shall be left
outside the recycling enclosure or containers;
7
(14) Bulk Vending Machines may have informational Signs required
8 by State law pursuant to Section 9272. Other signs
including directional signs, bearing no advertising
9 message, may be i nsta 11 ed with the approval of the
Community Development Director pursuant to Design Review
10 Section 9272 if necessary to facilitate traffic
-circulation, or if the facility is not .visible from.the
11 p u b 1 i c ri gh t-o f-way.
12 (15) Placement of the facility shall not require removal of
exi sting landscaping;
Section 4: Section 9232.b shall be amended to add Subsection (v) to the
II list of conditionally permitted uses to read as follows:
15 "(v) Large Collection Facilities occupying a permanent building or
store front subject to the following regulations:
(1) The facility shall not abut a property zoned or planned .for
17 residential use if in a free standing building;
18 (2) The facility shall operate in an enclosed building with
outside storage prohibited;
19
(3) Setbacks, height, lot coverage, and landscape requirements
20 shall be those provided for in the C-1 Zoning District
unless it occupies an existing store front or building;
21
(4) Site shall be maintained free of litter, pests, vermin and
22 any other undesirable materials at all times and shall be
cleaned of loose debris on a daily basis.
23 ('5) Exterior noise levels shall not exceed 60 dBA;
24
(6) If the Facility is located in a free standing building
25 which lies within 500 feet of property zoned, planned or
occupied for residential use, it shall not be in operation
26 between 7:00 p.m. and 7:00 a.m.
27!
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Ordtnance No. 993
2 Page seven
3 -'
(7) The facillty shall dtsplay a notice stattng that no
J~ material shall be left outside the recycling containers;
5 (8) The facility shall be clearly marked with the name and
phone number of the facility operator and the hours of
6 operation; identification and informational signs shall
meet the standards of the C-1 Zoning Di strict; and -
7 directional signs, bearing no advertising message, may be
installed with the approval of the Community Development
8 Director pursuant to design review, Section 9272, if
necessary, to facilitate traffic circulation or if the
9 facility is not visible from the public right-of-way;
lO (9) Power-driven processing, including aluminum foil and can
compacti ng, bali ng, plastic shredding, or other 1 i ght
11 processing activities shall be prohibited;
12 (10) 24 hour operation is prohibited."
Section 5: Section 9244.d shall be amended to add Subsection 6. to the
1i list of permitted uses to read as follows:
15 "6. Reverse Vendtng r~achines subject to standards contained in the
C-1 District regulations, section 9232.a.2."
16
17 Section 6: Sections 9233.c shall be amended to add Subsection (aa) to the
list of conditionally permitted uses to read as follows:
18
"(aa) Bulk Vending Machines, subject to standards contained in the
19 C-1 District regulations, Section 9232b."
20
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25
26.
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2 Ordinance No. 993
Page eight
3
J~ Section 7: Section 9233.c shall be amended to add Subsection (bb) to the
list of permitted uses to read as follows:
5
"(bb) Large collection facilities, subject to standards contained in
6 the C-1 District regulations 9232a.2."
7
Section 8: Section 9244 e.2 shall be amended to add Subsection (d) to read
8 as fol 1 ows:
g "(d) In the event, that Bulk Vending Machines and/~r a Large
Collection Facility ts a desirable use on an approved
]0 development plan, satd uses shall be subject to all standards
contained tn the C-Z Distrtct regulations, Sectton 9232 b."
32 PASSED AND ADOPTED at a regular meetfng of the C~ty Councfl of the Ct~y of
Tusttn, held on the 8th day of September, 1987.
33
gtchard B. Edgar ,/
16 Mayor
17 ~~~ ~, ~~
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 993 was duly and regularly introduced and read at a regular meeting
of the City Cou~l held on the 17th day of August,. 1987, and was given its second
reading and duly passed and adopted at an adjourned regular meeting held on
the 8th day of September, 1987, by the following vote: _
AYES : COUNCILPERSONS: Edgar, Kelly, Prescott
NOES : COUNCILPERSONS: Hoesterey
ABSENT: COUNCILPERSONS: Kennedy
MARYE~.WYNN, /~lerk.~
City of TuJtN~n~,alifornia
Published Summary in Tustin News
August 27, 1987
September 17, 1987