HomeMy WebLinkAboutPC RES 2424 1
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RESOLUTION NO. 2424
o
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 87-3 TO
PERMIT REDEMPTION CENTERS FOR RECYCLABLE BEVERAGE
CONTAINERS IN'THE C-1, C-2 & PC, ZONING DISTRICTS.
The P]anntng Commission of the City of Tustin does hereby resolve as
fol lows'
I. The Planning Commission finds as follows:
A. A public hearing before the Planning Commission to consider
Zoning Ordinance Amendment 87-3 establishing development
standards and regulations for recyclable beverage container
redemption centers in the C-1 {Retail Commercial), C-2 (Central
Commercial) & PC (Planned Community) zoning districts was duly
called, noticed and held on August 10, 1987.
B. The Beverage Container Recycling and Litter Reduction Act was
passed in 1986 to establish a system to promote the recycling
and reuse of beverage containers sold in the State of
California. Redemption centers for said containers are to be
located in "Convenience Zones" established by the State
Department of Conservation.
Ce
Reasonable development standards and regulations are necessary
to address the following issues'
1. Location (including storage):
2. Design (where visible from the street); and
3. Si gna ge.
D. A Negative Declaration has been prepared in conformance with the
California Environmental Quality Act; no significant, adverse
impacts are associated with this Zoning Ordinance Amendment.
Future facilities will be reviewed for environmental impact on
an individual basis.
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Resolution No. 2424
page two
II.
Ae
The 'Planning Commission hereby recommends to the City Council
approval of Zoning Ordinance Amendment 87-3, the following amendments
to the Tustin Municipal Code:
Section 9297 .shall be amended to include the following definitions,
integrated in alphabetical order, to read as follows:
Beverage
"Beverage" means ..beer 'and other malt beverages, carbonated
mineral and soda waters, and similar carbonated soft drinks in
liquid form which are intended for human consumption.
Beverage container
"Beverage container" means the individual, separate bottle, can,
jar, carton, or other receptacle, however denominated, in which
a beverage is sold, and which is constructed of metal, glass, or
plastic, or other material, or many combination of these
materials. "Beverage container" does not include cups or other
similar open or loosely sealed receptacles.
Consumer
"Consumer" means every person who, for his or her use or
consumption, purchases a beverage in a beverage container from a
dealer. "Consumer" includes, but is not limited to, a lodging,
eating, or drinking establishment, and soft drink vending
machines.
Mobtle Recycling Unit
A "Moble Recycling Unit" means an automobile, truck, trailer or
van, licensed by the Department of Motor Vehicles, which is used
for the collection of recyclable materials. A Mobile Recycling
Center also means the bins, boxes or containers transported by
trucks, vans, or trailers, and used for the collection of
recyclable materials.
Processor
"Processor" means any person, including a scrap dealer,
certified by the State Department of .Conservation who purchases
e.mpty aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic beverage
containers, or any other beverage containers, including any one
or more of those beverage containers, which have a redemption
value established pursuant to this division, from recycling
center in this state for recycling, or, if the container is not
recyclable, not for recycling, and who cancels, or who certifies
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Resolution No. 2424
page three
to the department in a form prescribed by the Department of
Conservation of, the redemption value and redemption bonus of
these empty beverage containers by processing empty beverage
containers, in any manner which the department may prescribe.
However, the department shall not take any action regulating
scrap dealers or recycling centers who are processors or
recycling centers unless authorized by and pursuant to the goals
of this division.
Recycle; recycled; recycling; recyclable
"Recycle," "recycled," "recycling" or "recyclable" means the
reuse or refilling of empty beverage containers or the process
of sorting, cleansing, treating, and reconstituting empty
postftlled beverage containers for the purpose of using the
II II II II II
altered form. "Recycle, recycled, "recycling, "recyclable,
does not include merely sorting, shredding, stripping,
compressing, storing, landfilling with, or disposing of an empty
beverage container.
Recyclable Hatertal
Recyclable material is reusable material, including but not
limited to 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. Recyclable material may include
used motor oil collected and transported in accordance with
Section 25250.11 and 25143.2(b){4) of the California Health and
Safety Code and Orange County Fire and Health Departments.
Recycl tng Fact 1 tty
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
Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
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 includes the
following:
A Collection Facility is a center for the acceptance, by
donation, redemption, or purchase, of recyclable materials
from the public. Such a facility does not use power-driven
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Resolution No. 2424
page four
processing equipment except as indicated in Section 4
Criteria and Standards. Collection Facilities may include
the following' .
1. Reverse Vending Machines which occupy an area of not
more than 50 square feet.
Bulk reverse vending machines occupying no more than
500 square feet.
Large collection facilities which occupy a permanent
building or store front.
Redemption; redeem
"Redemption" and "redeem" means the return to a recycling center
of an empty beverage container for a refund of at least the
redemption value and any applicable redemption bonus.
Vending Machines
A Reverse Vending Machine is an automated mechanical device
which accepts at least one or more types of empty beverage
containers including, but not limited to aluminum cans, glass
and plastic bottles, and issues a cash refund or a redeemable
credit slip with a value not less than the container's
redemption value as determined by the State. A Reverse Vending
Machine may sort and process containers mechanically provided
that the entire process is enclosed within the machine. (In
order, to accept and temporarily store all three container types
in a proportion commensurate with their relative redemption
rates, and to meet the requirements of certification as a
recycling facility, multiple grouping of Reverse Vending
Machines may be necessary.)
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 will pay by weight instead of by
contai her.
Supermarket
"Supermarket" means a full-line, self-service retail store with
gross annual sales of two million dollars ($2,000,000) or more,
and which sells a line of dry grocery, canned foods, or nonfood
items and some perishable items.
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Resolution No. 2424
page fi ve
Ae
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Section 9232.a.2 shall be amended to add Subsection (v) to the list
of permitted uses to read as follows:
"(v) Reverse Vending Machines subject to the following regulations:
(1) Estabished in conjunction with a supermarket which is in
compliance with the zoning, Ibuilding and fire codes of the
City of Tustin;
(2) Located within 30 feet of the entrance to the super, market
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
installation, including any protective enclosure;
(5) Maximum height: eight (8) feet;
{6) Constructed and maintained with durable waterproof and
rustproof material;
{7) 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 inoperable;
(8) Sign area shall be limited to a maximum of four (4) square
feet per machine, exclusive of operating instructions;
{9} Maintained in a clean, litter-free condition on a daily
basis;
(10) Operating hours shall be at least the operating hours of
the supermarket {host use), but may be 24 hours;
(11) Illuminated to ensure confortable and safe operation if
operating hours are between dusk and dawn;
(12) Outdoor storage of any k'ind is prohibited."
Section 9232.b shall be amended to add Subsection {u} to the list of
conditionally permitted uses to read as follows:
"{u) Bulk Vending Machines, subject to the following regulations:
(1) Established in conjunction with an existing supermarket
which is in compliance with the zoning, building and fire
codes of the City of Tustin;
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Resolution No. 2424
Page si x
(2) No larger than 500 square feet and not occupping any
parking spaces required by the primary use;
(3) Maximum height: 10 feet;
(4) Shall not obstruct pedestrian or vehicular circulation, and
shall be located within 100 feet of the host use;
(5) Minimum setbacks: 10 feet from any propery line;
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(6) Accept only glass, metals, plastic containers, papers and
reusable items. Used motor oil may be accepted with
permission of the Orange County Fi re and Health
Departments;
(7) No power-driven processing equipment except for Reverse
Vending Machines shall be used;
(8) Containers are constructed and maintained with durable
waterproof and rustproof material, secured from
unauthorized entry or removal of material and shall be of a
capacity sufficient to accommodate materials collected and
col lection schedule;
(9) All recyclable material shall be stored internally;
(10) Maintained free of litt'er, pests, vermin and any other
undesirable materials at all times;
(11) Not exceed exterior noise levels of 60dBA;
{12) 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;
(13) Containers shall be clearly marked to identify the type of
material 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) Bulk Vending Machines may have informational signs required
by Stat~ law pursuant to Section 9272. Other signs
including directional signs, bearing no advertising
message, may be installed wi th the approval of the
Community Development Director pursuant to Design Review
Secti on 9272 i f necessary to faci 1 i tare traffic
circulation, or if the facility is not visible from the
publ i c ri ght-of-way.
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Resolution No. 2424
page seven
(15) Placement of the facility shall not require removal of
existing landscaping;
(16) No additional parking spaces will be required for customers
of a Bulk Vending Machine located within an established
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parking lot of a host use.
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Section 9232.b shall be amended to add Subsection (v) to the list of
conditionally permitted uses to read as follows'
"(v) Large Collection Facilities occupying a permanent builJing or
store front subject to the following regulations'
(1) The facility shall not abut a property zoned or planned for
residential use if in a free standing building;
(2) The facility shall operate in an enclosed bu°ilding with
outside storage prohibited;
(3) Setbacks, height, lot coverage, and landscape requirements
shall be those provided for in the C-1 Zoning District
unless it occupies an existing store front or building;
(4) Site shall be maintained free of litter, pests, vermin and
any other undesirable materials at all times and shall be
cleaned of loose debris on a daily basis.
(5) Exterior noise levels shall not exceed 60 dBA;
(6) If the Facility is located in a free standing building
which lies within 500 feet of property zoned, planned or
occupied for residential use, it shall not be in operation
between 7:00 p.m. and 7:00 a.m.
(7) The facility shall display a notice stating that no
material shall be left outside the recycling containers;
(8) The facility shall be clearly marked with the name and
phone number of the facility operator and the hours of
operation; identification and informational signs shall
meet the standards of the C-1 Zoning District; and
directional signs, bearing no advertising message, may be
installed with the approval of the Community Development
Director pursuant to design review, Section 9272, if
necessary, to facilitate traffic circulation or if the
facility is not visible from the public right-of-way;
(9) Power-driven processing, including aluminum foil and can
compacting, baling, plastic shredding, or other light
processing activities shall be prohibited;
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Resolution No. 2424
page eight
(10) 24 hour operation is prohibited."
De
Section 9244.d shall be amended to add Subsection 6. to the list of
permitted uses to read as follows'
"6. Reverse Vending Machines subject to standards contained in the
C-1 District regulations, section 9232.a.2."
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Sections 9233.c shall be amended to add Subsection (aa) to the list
of conditionally permitted uses to read as follows-
"(aa)Bulk Vending Machines, subject to standards contained in the C-1
District regulations, Section 9232b."
Section 9233.c shall be amended to add Subsection (bb) to the list of
permitted uses to read as follows:
"(bb)Large collection facilities, subject to standards contained in
the C-1 District regulations 9232a.2."
G.
Section 9244e.2 shall be amended to add Subsection (d) to read as
fol 1 ows'
"(d) In the event, that Bulk Vending Machines and/or a Large
Collection Facility is a desirable use on an approved
development plan, said uses shall be subject to all standards
contained in the C-1 District regulations, Section 9232b."
PASSED AND ADOPTED at a regular~me~eyting of the_Planning_Commission of the
City of Tustin, held on the 10th day of august, 1987.
I ~_I!N--PENNI -FOLEY,
Recording Secretary
KATHY WEIL,
Chairman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that ! am the Recording
Secretary of th~Commi ssi on of the City of Tustin, California; that
Resolution No.~_~ was duly passed and~d, opted ata~ ti[gular mee )g of
the_Tustin Planning Commission, held on the ~m'day of ~,
198~' ' '
Recording Secretary