HomeMy WebLinkAboutPublic Hearing #2 8-17-87 NO. 2
8-'17-87
· Inter- Com
: AUGUST 17, 1987
HONORABLE HAYOR AND HEFIBERS OF THE 'CITY COUNCIL
TO: , ..
COI~HUNITY DEVELOPHENT DEPARTHENT
FROM:
ZONING ORDINANCE /L~ENIMEBT NO. 87-3;
SUBJECT: BEVERAGE CONTAINER RECYCLING FACILITIES
RECgI~ENDATION
It is recommended that Ordinance Ho. 993 have its first reading by tttle only.
It is recommended that Ordinance No. 993 be Introduced.
INTRODUCTION
The California Beverage Container Recycling and Litter Reduction Act Has passed
by the State Legislature in 1986. This Act establishes requirements for
recycling facilities located within "Convenience Zones", as determined by the
-- State Department of Conservation. A "Convenience Zone" is defined as an area
within a one-half mile radius of a supermarket. A "Supermarket", for the
purposes of the Act, is defined as a full-line, self-service retail store with
gross annual sales of $2,000,000 or more and which sells a line of dry grocery,
canned goods 'or non-food items and some perishable items. The Department of
Conservation has determined that there are sfx (6) "Convenience Zones" in the
City of Tustln. They are:
Alpha Beta Acme Market 14551 Red Hill Avenue
Lucky Food Center 13270 Newport Avenue
Ralph's Grocery 1140 Irvtne Boulevard
Safeway 17662 E. Seventeenth Street
Starer Brothers Market 14171 Red Hill Avenue
Von's Market 550 East First Street
Commencing September 1, 1987, beverage container manufacturers must properly
label any containers (aluminum, glass or plastic) intended for sale or
distribution in California with the redemption value determined by the
Depar~ent of Conservation. Beginning January 1, 1988, redemption facilities
must be operable to accept containers. The City cannot deny a recycling
collection facility in a "Convenience Zone". However, it can control the types
of such facilities and impose reasonable regulations and conditions.
In order to properly address the future need for redemption facilities as
established by state law, a Zoning Ordinance Amendment needs to be approved and
in place by October 1, 1987, or as soon thereafter as possible.
On August 10, 1987, the Planning Commission adopted Resolution No. 2424 which
recommends approval of Zoning Ordinance Amendment No. 87-3. Definitions and
development regulations and criteria were also recommended by Resolution No.
2424. The staff report and Resolution No. 2424 are attached for review.
City Council Report
August 17, [987
Page two
ANALYSZS
The stx (6) "Convenience Zones" 11sted above are located In the C-[ (Retail
Commercial), C-2 (Central Commercial) and PC (Planned Con~nunity Commercial)
zoning districts.
As proposed, Zoning Ordinance Amendment No. 87-3 includes a ltst of definitions
and provtdes for three (3) types of redemption facilities: ([) Reverse Vending
Machines, (2) Bulk Vending Machines and (3) Large Collection Facilities.
each instance, staff focused on the tssues of location, design and stgnage. A
brief summary of each type of facility and its proposed criteria follows:
Reverse Vending Machines:
These are automated, mechanical devices which accept at least one (1) or
more types of empty beverage containers and issues a cash refund or
redeemable credit slip. Typically,. Reverse Vending Machines accept
containers one at a time (stngle feed), and measure 50 square feet or less
In size. They are comparable to the water vending machines commonly found
near supermarket entrances (see attached illustrations, tn Exhibit
Proposed development criteria Include:
- Administrative approval
- located within 30 feet of host use (supermarket) store entrance
- cannot occupy required parking spaces
- cannot occupy more than 50 square feet per Installation
- 8 foot maximum height
- constructed with durable, rustproof material
- must be clearly marked for type of container it will accept, as well as
operating Instructions, etc.
- maximum sign area of four (4) square foot per machine (excluding
Instructions)
- operating hours at least the same as the host use
- outdoor storage of any kind is prohibited
Reverse Vending Machines are anticipated to be the most common or
prevalent type of redemption facility due to their convenient location and
ease of operation.
Bulk Vending Machines:
As wtth Reverse Vending Machines, Bulk Vending Machines are automated
mechanical devices which accept one (1) or more types of empty beverage
containers, Issuing cash refunds or redeemable credit slips. These
machines accept more than one container at a time (bulk-feed) rather than
stngle feed. Payment is based on weight. Such machines are larger than
50 square feet and are typically located In parking areas (see
illustration in Exhibit II).
Community Development Deparirnen~
City Council Report
August 17, 1987
Page three
Proposed development criteria include:
- subject to use permit
- may be placed only in conjunction with existing host use, and must be
within 100 feet of host use
- cannot exceed 500 square feet in area
- 10 foot maximum height
- constructed with durable, waterproof and rustproof materials
- internal storage only
- maximum 60 dba exterior noise levels
- 30 foot setback from residential use if open 24 hours, 10 foot if not
(same as permanent structures)
- signage: subject to approval of Community Development Director
cannot displace existing landscaping
- cannot reduce the minimum number of parking spaces required by host
use
Bulk Vending Machines are already in use in numerous communities for
aluminum can collection. Many of these communities require use permits
for such facilities. While not expected to be as common as Reverse
Vending Machines, Bulk Vending Machines may constitute as much as one
quarter~of all collection facilities. The use permit process will tightly
control issues such as placement, signage and parking.
Large Collection Facilities:
A Large Collection Facility is essentially like a reverse retail
business, paying customers for the product (container) they bring in.
Such a facility could be located in a store front space in a shopping
center, or occupy a free standing . building anywhere within the
"Convenience Zone". Proposed development criteria include:
- subject to use permit
- shall not abut a residential use if in a free standing building
- must be in enclosed building, outside storage is prohibited
- setback, height, lot coverage, parking and landscape requirements are
the same as those required of other uses within the same zoning
district, unless in an existing storefront (only parking would apply)
- maximum 60 dba exterior noise levels
- cannot operate between 7:00 p.m. and 7:00 a.m. if within 500 feet of
residentially zoned property, if in a free standing building
signage shall meet the standards of the zone; directional signage
subject to approval of Director of Community Development
processing of recyclable material is prohibited
- 24 hour operation is prohibited
Corn rnunity Development Department
City Council Report
August 17, 1987
Page four
A Large Collection Facility is basically a man~e'd operation much like any
other retail business. This type of collection facility is expected to be
the least common. The proposed development criteria treat it the same as
most other retail activities.
CO#CLUSIO#
Staff believes that the criteria proposed in Zoning Ordinance Amendment No. 87-3
will provide for the most common forms of collection facilities while allowing
the City to maintain a high level of control over their operation, location and
design.
-~-Chrlstine ShlngTeton /~
Senior Planner Director of Community/Development
SR:pef
Attachments: Ordinance No. 993
August 10, 1987 Planning Commission Staff Report, with Exhibits
Resolution No. 2424
Comrnunity Development DeparTment
2 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 an~9297 OF THE TUSTIN
MUNICIPAL CODE, TO PERMIT REDEMPTION CENTERS FOR
5 RECYCLABLE BEVERAGE CONTAINERS IN THE C-I, C-2 &-
PC, ZONING DISTRICTS, SUBJECT TO ADMINISTRATIVE
6 AND CONDITIONAL USE PERMITS
7 WHEREAS, on , the City Council of the City of
Tustin, California, does hereby ordain as follows:
$
Section 1: Section 9297 shall be amended to include the following
9 definitions, integrated in alphabetical order, to read as follows:
10 Beverage
1] "Beverage" means beer and other malt beverages, carbonated
mineral and soda waters, and' simtlar carbonated soft drinks in
12 llqutd form which are intended for human consumption.
]3 Beverage container
]4 "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
]6 materials. "Beverage container" does not include cups or other
similar open or loosely sealed receptacles.
1'7
Consumer.
"Consumer" means every person who, for his or her use or
]9 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
machines.
Mobile Recycling Unit
22
A "Moble Recycling Unit" means an automobile, truck, tratler or
23 van, licensed by the Department of Motor Vehicles, which is used
for the collection of recyclable 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
27 "Processor" means any person, including a scrap dealer,
certified by the State Department of Conservation who purchases
28
!
Ordinance No. 993
2 Page two
4 empty aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic 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 thts 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 containers, in any manner which the department may prescribe.
However, the department shall not take any action regulating
10 scrap dealers or recycling 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
14 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
151 altered form. "Recycle," "recycled," "recycling," "recyclable,"
does not include merely sorting, shredding, stripping,
161 compressing, storing, landfilting with, or disposing of an empty
beverage container.
17
Recyclable Material
18
Recyclable material is reusable material, including but not
19 limited to metals, glass, plastic and paper, which are intended
for reuse, remanufacture, or reconstttution for the purpose of
20 using the altered form. Recyclable material does not include
refuse or hazardous materials. Recyclable material may include
21 used motor oil collected and transported in accordance with
Section 25250.11 and 25143.2(b){4) of the California Health and
22 Safety Code and Orange County Fire and Health Departments.
23 Recycling Facility
24 A Recycling Facility is a center for the collection of
recyclable materials. A Certified Recycling Facility means a
25 Recycling Facility certified by the California Department of
Conservation as meeting the requirements of the California
26 Beverage Container Recycling and Litter Reduction Act of 1986.
A Recycling Facility does not include storage containers or
27 processing activity located on the premises of a residential,
1
Ordinance No. 993
2 Page three
3
4 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
following:
6
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
8 processing equipment except as indicated in Section 4
Criteria and Standards. Collection Facilities may include
9 the following:
10 1. Reverse Vending Machines which occupy an area of not
more than 50 square feet.
11
2. Bulk reverse vending machines occupying no more than
12 500 square feet.
13 3. Large collection facilities which occupy a permanent
building or store front.
Redemption; redeem
"Redemption" and "redeem" means the return to a recycling center
16 of an empty beverage container for a refund of at least the
redemption value and any applicable redemption bonus.
17
Vending Machines
A Reverse Vending Machine is an automated mechanical device
]9 which accepts at least one or more types of empty beverage
containers including, but not limited to aluminum cans, glass
20 and plastic bottles, and issues a cash refund or a redeemable
credit slip with a value not less than the container's
21 redemption value as determined by the State. A Reverse Vending
Machine may sort and process containers mechanically provided
22 that the entire process is enclosed within the machine. (In
order to accept and temporarily store all three container types
23 in a proportion commensurate with their relative redemption
rates, and to meet the requirements of certification as a
24 recycling facility, multiple grouping of Reverse Vending
Machines may be necessary.)
25
A Bulk Reverse Vending Machine is a Reverse Vending Machine that
26 is'-l~'Fger 'than*SO square feet; is designed to accept more than
one container at a time; and will pay by weight instead of by
27 container.
28
!
Ordinance No. 993
2 Page four
4 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 list of permitted uses to read as follows:
9 "(v) Reverse Vending Machines subject to the following regulations:
10 (1) Established in conjunction with a supermarket which is in
compliance with the zoning, building and fire codes of the
11 City of Tustin;
12 (2) Located within 30 feet of the entrance to the supermarket
and shall not obstruct pedestrian or vehicular circulation;
13
{3) Does not occupy parking spaces required by the primary use;
(4) Occuppies no more than 50 square feet of floor space per
15 installation, including any protective.enclosure;
16 (5) Maximum height: eight (8)~feet;
17 {6) Constructed and maintained with durable waterproof and
rustproof material;
18
(7) Clearly marked to identify the type of material to be
19 deposited, operating instructions, and the identity and
phone number of the operator or responsible person to call
20 if the machine is inoperable;
2] (8) Sign area shall be limited to a maximum of four {4) square
feet per machine, exclusive of operating instructions;
22
(9) Maintained 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;
27
28
Ordinance No. 993
2 Page-five
3
4 (12) Outdoor storage of any kind )S prohibited."
5 Section 3: Section 9232.b shall be amended to add Subsection {u) to the
list of conditionally permitted uses to read as follows:
6
"(u) Bulk Vending Machines, subject to the following regulations:
7
(1) Established in conjunction with an existing supermarket
8 which is in compliance with the zoning, building and fire
codes of the City of Tustin;
9
(2) No larger than 500 square feet and not occupying any
10 parking spaces required by the primary use;
11 (3) Maximum height: 10 feet;
12 (4) Shall not obstruct pedestrian or vehicular circulation, and
shall be located within 100 feet of the host use;
13
(5) Minimum setbacks: 10 feet from any propery line;
(6) Accept only glass, metals, plastic containers, papers and
15 reusable items. Used motor oil may be accepted with
permission of the Orange County Fire and Health
16 Departments;
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;
24 (11) Not exceed exterior noise levels of 60dBA;
25 (12) Containers for the 24-hour donation of materials shall be
at least 30 feet from any property zoned or occupied for
restdentta) use unless there is a recognized service
20 corridor and acoustical shielding between the containers
and the residential use;
27
28
Ordinance No. 993
2 Page six
4 (13) Containers shall be clearly.marked to identify the type of
material which may 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
g message, may be installed 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 public right-of-way.
12 (15) Placement of the facility shall not require removal of
existing landscaping;
Section 4: Section 9232.b shall be amended to add Subsection (v) to the
14 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-! 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;
(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 7EO0 p.m. and 7:00 a.m.
27
28
!
Ordinance No. 993
2 Page seven
(7) The facility shall display a notice stating that no
4 material shall be left outst~e 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 District; and -
? directional signs, bearing no advertising message, may be
installed with the approval of the Community Development
8 Director pursbant 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;
10 (9) Power-driven processing, including aluminum foil and can
compacting, baling, plastic shredding, or other light
11 processing activities shall be prohibited;
12 (10) 24 hour operation is prohibited."
Section 5: Section g244.d shall be amended to add Subsection 6. to the
14 list of permitted uses to read as follows:
15 "6. Reverse Vending Machines 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
191 C-1 District regulations, Section 9232b."
20
21
22
23
25
26
27
!
Ordinance No. 993
2 Page et ght
4 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 follows:
g "(d) In the event, that Bulk Vending Machines and/or a Large
Collection Facility is a desirable use on an approved
10 development plan, said uses shall be subject to all standards
contained in the C-1 District regulations, Section. 9232 b."
11
12 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tusttn, held on the day of , 1987.
13
14
15
Richard B. Edgar
16 Mayor
17
18 Mary E. Wynn
City Clerk
19
20
21
22
23
24
25
26
27
28
Planning Commission
DATE: AUGUST 10, 1987
SUBJECT: ZONXNG ORD'INANCE APE:#DME)rr NO. 87-3;
BEVERAGE CONTAXNER RECYCLING FACILITXES
RECOIllENDATXON:
Adopt Resolution No. 2424, recommending Clty Counctl approval of Zoning
Ordinance Amendment No. 87-3.
INTRODUCTION:
The California Beverage Container Recycling and Litter Reducttofl Act was passed
by the State Legislature tn 1986. This Act establishes requirements for
recycling facilities located within "Convenience Zones", as determined by the
State Oepar~ment of Conservation. A "Convenience Zone" is deftned as an area
within a one-half mile radius of a supermarket. A "Supermarket", for the
purposes of the Act, is deftned as a full-line, self-service retail store with
gross annual gales of $2,000,000 or more and which sells a line of dry grocery,
canned goods or non-food items and some perishable items. The Oepartment of
Conservation has determined that there .are slx (6) "Conven1*ence Zones" ~n the
City of Tusttn. They are:
Alpha Beta Acme Rarket 14551Rqd Ht11 Avenue
Lucky Food Center 13270 Newport Avenue
Ralph's Grocery 1140 Irvtne Boulevard
Safeway 17662 E. Seventeenth Street
Starer Brothers Harket 14171 Red Hill Avenue
Von's Market 550 East First Street
Commencing September 1, 1987, beverage container manufacturers must properly
label any containers (aluminum, glass or plastic) tntended for sale or
distribution tn Celtfornta with the redemption value determined by the
Oepartment of Conservation. Beginning January 1, 1988, redemption facilities
must be operable to accept containers.
In order to properly address th& future need for redemption facilities as
established by state law, a Zoning Ordinance Amendment needs to be approved and
in place by October 1, 1987, or as soon thereafter as possible.
Community Development Department
Planntng Comwlsston Report
August lO, 1987
Page t~o
ANALYSIS:
The stx (6) "Convenience Zones" 11sted above are located tn the C-! (Retatl
Commercial), C-2 (Central Commerctl) and PC (P'lanned Con~nuntty Commercial)
zontng districts.
As proposed, the Zofltng Ordinance Amendment Includes a 11st of deflnlttons and
provtdes fop three (3) types of redemption facilities: (1) Reverse Vendtng
Machines, (2) Bulk Vendtng Machtnes and (3) Large Collection Facilities. Zn
each Instance, s~aff focused off the Issues of location, design and stgnage. A
brtef summary of each type of factllty and 1ts proposed crtterta follows:
Reverse Vendln9 Machines:
These are automated, mechanical devtces which accept at least one (1) or
more Types of empty beverage containers and tssues a cash refund or
redeemable credtt sltp. Typically, Reverse Vendtng Hachtnes accept
containers one at a ttme (stngle feed), and measure 50 square feet or less
- tn size. They are comparable to the water vendtng machtnes commonly found
near supermarket entrances (see attached Illustrations, tn £xhtbtt Z).
Proposed development crtterla tnclude:
- Administrative approval
- located wtthtn 30 feet of host use (supermarket) store entrance
- cannot occupy requtred parking.spaces
- cannot occupy mere than 50 square feet per Installation
- 8 foot maxtmum hetght
- constructed wtth durable, rustproof matertal
- must be clearly marked for type of container tt wtll accept, as well as
operettng tnstruttons, etc.
- maxtmum stgn area of four (4) square foot per machtne (excluding
Instructions)
- operating hours at least the same as the host use
- outdoor storage of any ktnd ts prohibited
Reverse Vendtng Machtnes are anticipated to be the most common or
prevalent type of redemption factltty due to thetr convenlent locatlon and
ease of operation.
Bulk Vendtng Machines:
As with Reverse Vendtng Hachtnes, Bulk Vendlng Machtnes are automated
mechanical devfces whtch accept one (1) or more types of empty beverage
containers, lssutng cash refunds or redeemable credtt slips. These
machtnes accept more than one container at a ttme (bulk-feed) rather than
single feed. Payment ts based on weight. Such machtnes are larger than
50 square feet and are typically located tn parking areas (see
Illustration In Exhtbtt ZZ).
Community Development Department
Planntng Commtsst on Report
August 10, 1987
Page three -
Proposed development crtterta tnclude: - ·
- subject.to use permit
- may be placed only tn conjunction w~th exJsttng host use, and must be
wtth~n 100 feet of host use
- cannot exceed 500 square feet In area
- 10 foot maxtmum hetght
- constructed wtth durable, waterproof and rustproof materials
- tnternal storage only
-maxtmum 60 dba extertor notse levels
- 30 foot setback from reSidential use tf open ;?4 hours, 10 foot tf not
(same as permanent structures)
- stgnage: subject to approval of Community Oevelopment 01rector
cannot dtsplace extsttng landscaping
- cannot reduce the nrintmum number of parking spaces required by host
use
Bulk Vending Machines are already In use In numerous communities for
aluminum can collection. Many of these communities require use permtts
for such facilities. ~/htle not expected to be as common as Reverse
Vendtng Machines, Bulk Vendtng ~lachtnes may constitute as much as one
quarter of all collection facilities. The use permtt process wtll ttghtly
control, tssues such as Placement, stgnage and parktng.
Large Collect1 on Fact 1 ttt es:
A Large CollectJon Factllty ts essentially 11ke a reverse retat1
business, paytng customers for the product (contetner) they brtng tn.
Such a factltty could be located tn a store front space' tn a shopping
center, or occupy a free standtng butldlng anywhere wtthtn the
"Convenience Zone". Proposed development crtterta tnclude:
- subject to use permtt
- shall not abut a residential use tf tn a free standing butldtng
- must be In enclosed building, outstde storage ts prohibited
- setback, hetght, lot coverage, parktng and landscape requirements are
the same as those required of other uses wtthtn the same zoning
district, unless tn an extsttng storefront (only parktng would apply)
-maxtmum 60 dba extertor notse levels
- cannot operate between 7:00 p.m. and 7:00 a.m. tf wlthtn 500 feet of
residentially zoned property, tf tn a free standtng butldtng
- stgnage shall meet the standards of the zone; directional stgnage
subject to approval of Dtrector of Community Development
- processing of recyclable matertal ts prohibited
- 24 hour operation ts prohtl~tted
"~ Community DeveloPment Department- ,/
Planning Commission Report
August 10, 1987
Page four
A Large Collection Facility is basically a manned operation much like any
other retail business. This type of collection facility is expected to be
the least common. The proposed development criteria treat it the same as
most other retail activities.
CONCLUSION:
Staff believes that the criteria proposed in Zoning Ordinance Amendment No. 87-3
will provide for the most common forms of collection facilities while allowing
the City to maintain a high lave) of control over their operation, location and
design.
Senior Planner Development
SR :per
Attachments: Resolution No. 2424
Exhibit I
£xhi bi t I I
Community DeveloPment Department ~
§ RESOLUTION NO. 2424 '
'6 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-i, C-2 & PC, ZONING DISTRICTS.
9
The Planning Commission of the City of Tustin does hereby resolve as
10 follows:
111 I. The Planning Commission finds as follows:
12 A. A public hearing before the Planning Commission to consider
Zontng Ordinance Amendment 87-3 establishing development
13 standards and regulations for recyclable beverage container
redemption centers in the C-1 (Retail Commercial), C-2 (Central
14 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
16 passed in 1986 to establish a system to promote the recycling
and reuse of beverage containers sold in the State of
17 California. Redemption centers for said containers are to be
located in "Convenience Zones" established by the State
18 Department of Conservation.
19 C. Reasonable development standards and regulations are necessary
to address the following issues:
20
1. Location (including storage):
2. Design (where visible from the street); and
21 3. Stgnage.
22 D. A Negative Declaration has been prepared in conformance with the
California Environmental Quality Act; no significant, adverse
23 impacts are associated with this Zoning Ordinance Amendment.
Future facilities will be reviewed for environmental impact on
24'
an individual basis.
26
27
28
1 Resolution No. 2424~
page two
2
3 ZI. The 'Plannfng Commission hereby recommends to'the City Council
approval of Zoning Ordinance Amendme~ 87-3, the following amendments
4 to the Tustin Municipal Code:
5 A. Sectton 9297 .shall be amended to include the following definitions,
'6 tntagrated fn alphabetical order, to read as follows:
? Beverage
8 "Beverage". means ..beer and other malt beverages, carbonated
mineral and soda waters, and stmtlar carbonated soft drinks in
9 liquid form which are intended for human consumption.
10 Beverage container
"Beverage container" means the individual, separate bottle, can,
11 jar, carton, or other receptacle, however denominated, in which
]2 a beverage is sold, and which is constructed of metal, glass, or
plastic, or other material, or any combination of these
materials. "Beverage container" does not include cups or other
13 similar open or loosely sealed receptacles.
14 Consumer
15 "Consumer" means every person who, for his or her use or
consumption, purchases a beverage in a beverage container from a
16 dealer. "Consumer" includes, but is not limited to, a lodging,
eating, or drinking establishment, and soft drink vending
17 machines.
18 Mobile Recycling Unit
10 A "Moble Recycling Unit" means an automobile, truck, trailer or
van, licensed by the Department of Motor Vehicles, which is used
20 for the collection of recyclable materials. A Mobile Recycling
Center also means the bins, boxes or containers transported by
21 trucks, vans, or trailers, and used for the collection of
recyclable materials.
Processor
"Processor" means any person, including a scrap dealer,
24' certified by the State Department of Conservation who purchases
empty aluminum beverage containers, nonalumtnum metal beverage
25 containers, glass beverage containers, plastic beverage
containers, or any other beverage containers, including any one
26 or more of those beverage containers, which have a redemption
value established pursuant to this division, from recycling
27 center in this state for recycling, or, if the container is not
recYclable, *not for recycling, and who cancels, or who certifies
28
Resolution No. 2424
! page three '
2
3 to the department in a form prescribed by the Department of
Conservation of, the redemption-*value and redemption bonus of
4 these empty beverage containers by processing empty beverage
containers, tn any manner which the department may prescribe
5 However, the department shall not take any action regulating
scrap dealers or recycling centers, who are processors or
6 recycling centers unless authorized by and pursuant to the goals
of .this division.
?
Recycle; recycled; recyclin§; recyclmble
8
"Recycle," "recycled," "recycling" or "recyclable" means the
9 reuse or refilling of empty beverage containers or the process
of sorting, cleansing, treating, and reconstituting empty
10 postftlled beverage containers ~or the purpose of using the
altered form. "Recycle," "recycled," "recycling," "recyclable,"
11 does not include merely sorting, shredding, stripping,
compressing, .storing, landftlltng with, or disposing of an empty
12 beverage container.
13 Recyclable Hatertal
14 Recyclable material is reusable material, including but not
limited to metals, glass, plastic and paper, which are intended
15 for reuse, remanufacture, or reconstitution for the purpose of
using the altered form. Recyclable material does not include
10 refuse or hazardous materials. Recyclable material may include
used motor oil collected and transported in accordance with
17 Section 25250.11 and 25143.2(b)(4) of the California Health and
Safety Code and Orange County Fire and Health Departments.
18~
19 Recycling Facility
A Recycling Facility is a center for the collection of
20 recyclable materials. A Certified Recycling Facility means a
Recycling Facility certified by the California Department of
21 Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
22 A Recycling Facility does not include storage containers or
processing activity located on the premises of a residential,
23 commercial, or manufacturing use and used solely for the
recycling of material generated by that residential property,
24 business or manufacturer. Recycling Facilities includes the
following:
A Collection Facility is a center for the acceptance, by
26 donation, redemption, or purchase, of recyclable materials
from the public. Such a facility does not use power-driven
1 Resolution No. 2424
page four
2
3
processing equipment except as indicated in Section 4
4 Criteria and Standards. Collection Facilities may include
the following:
[. Reverse Vending Machines which occupy an area of not
6 more than 50 square feet.
? 2. Bulk reverse vendi.ng machines occupying no more than
500 square feet.
8
9 3. LargebutldtngCOllectiOnor store facilities front, which occupy a permanent
10 Redemption; redcca
]] "Redemption" and "redeem" means the return to a recycling center
of an empty beverage container for a refund of at least the
12 redemption value and any applicable redemption bonus.
1~ Yendtng Rachtnes
]4 A Reverse Vending Hachtne is an automated mechanical device
· ' wht'~'l~ accepts at least one or more types of empty beverage
]5 containers including, but not limited to aluminum cans, glass
and plastic bottles, and issues a'cash refund or a redeemable
:1.6 credit slip wtth a value not less than the container's
redemption value as determined by the State. A Reverse Vending
17 Machtne may sort and process containers mechanically provided
that the entire process is enclosed within the m~chine. (In
]8 order to accept and temporarily store all three container types
in a proportion commensurate with their relative redemption
]9 rates, and to meet the requirements of certification as a
recycling facility, multiple grouping of Reverse Vending
20 Machines may be necessary.)
p~! A Bulk Reverse Vending Machine is ~ Reverse Vending Machine that
ts--T~ger than 50 square feet; is designed to accept more than
22 one container at a time; and will pay by weight instead of by
container.
Supermarket
"Supermarket" means a full-line, self-service retail store with
25 gross annual sales of two million dollars ($2,000,000) or more,
and which sells a line of dry grocery, canned foods, or nonfood
26 items and some perishable items.
1
Resolution No. 2424
2 page ftve
3
4 A. Section 9232.a.2 shall be amended to-add Subsection iv) to the 11st
of permitted uses to read as follows:
5
"iv) Reverse Vendtng Machtnes subject to the following regulations:
6
(1) Estabtshed in conjunction with a supermarket which t's in -
? compliance with the zoning, building and fire codes of the
City of Tusttn;
8
(2) Located within 30 feet of the entrance to the supermarket
g and shall not obstruct pedestrian or vehicular circulation;
10 (3) Does not o6cupy parking spaces required by the primary use;
]1 (4) Occuppies no more than 50 square feet of floor space per
installation, including any protective enclosure;
12
(5) Maximum height: eight (8) feet;
(6) Constructed and maintained with durable waterproof and
14 rustproof material;
1§ (7) clearly marked to identify the type of material to be
deposited, operating instructions, and the identity and
16 phone number of the operator or responsible person to call
if the machine is inoperable;
17
(8) Sign area shall be limited to a maximum of four (4) square
18 feet per machine, exclusive of operating instructions;
19 (g) Maintained in a clean, litter-free condition on a daily
basis;
20
(10) Operating hours shall be at least the operating hours of
21 the supermarket (host use), but may be 24 hours;
22 (11) Illuminated to ensure confortable and safe operation if
operating hours are between dusk and dawn;
23
(12) Outdoor storage of any kind is prohibited."
B. Section 9232.b shall be amended to add Subsection (u) to the list of
25 conditionally permitted uses to read as follows:
26 "(u) Bulk Vending Machines, subject to the following regulations:
27 (1) Established in conjunction with an existing supermarket
which is in compliance with the zoning, building and fire
codes of the City of Tustin;
28
Resolution No. 2424
2 Page six
3
(2) No larger than 500 square feet and not occupp~ng any
4 parktng spaces required by the primary use;
5 (3) Maxlmum height: 10 feet;
6 (4) Shall not obstruct pedestrian or vehicular circulation, and'
shall be located wtthtn [00 feet of the host use;
7 (5) Minimum setbacks: 10 feet from any propery line;
8 (6) Accept only glass, metals, plasttc containers, papers and
9 reusable items. Used motOr oil may be accepted with
permission of the Orange County Fire and Health
10 Departments;
11 (7) No power-driven processing equipment except for Reverse
Vending Machines shall be used;
12 (8) Containers are constructed and maintained with durable
waterproof and rustproof material, secured from
!3: unauthorized entry or removal of matertal and shall be of a
capacity sufficient to accommodate materials collected and
14 collection schedule;
15 (9) All recyclablematertal shall be stored internally;
16 (10) Maintained free of 11tier, pests,' vermin and any other
undesirable materials at all times;
17
([1) Not exceed exterior noise levels of 60dBA;
18
([2) Containers for the 24-hour donation of materials shall be
19 at least 30 feet from any property zoned or occupied for
residential use unless :here Is a recognized service
20 corridor and acoustical shielding between the containers
and the residential use;
2!
([3) Containers shall be clearly marked to tdenttfy the type of
22 matertal which rn~y be deposited; the faclllty shall be
clearly marked to Identify the name and telephone number of
23 the facility operator and the hours of operation, and
dtsplay a nottce atatlng that no material shall be left
24 outside the recycling enclosure or containers;
25 (14) Bulk Vending Machines may have informational signs required
by State:law pursuant to Section 9272. Other signs
26. including directional signs, bearing no advertising
~ message, may be installed with the approval of the
27) Community Development Director pursuant to Design Review
Section 9272 if necessary to facilitate traffic
28 circulation, or if the facility is not visible from the
public right-of-way.
!
Resolution No. 2424
2 page seven
3
(15) Placement of the facility shall not require removal of
~ existing landscaping;
5 (16) No additional parking spaces will be required for customers
of a Bulk Vending Machine located within an established-
6 parking lot of a host use."
C. section g232.b shall be amended to add Subsection (v) to the list of
8 conditionally permitted uses to read as follows:
9 "(v) Large Collection Facilities occupying a permanent building or
store front subject to the following regulations:
10
(1) The facility shall not abut a property zoned or planned for
11 residential use if in a free standing building;
12 (2) The facility shall operate in an enclosed building with
outside storage prohibited;
(3) Setbacks, height, lot coverage, and landscape requirements
14 shall be those provided for in the C-1 Zoning District
unless it occupies an existing store front or building;
15
(4) Site shall be maintained free of litter, pests, vermin and
16 any other undesirable materials at all times and shall be
cleaned of loose debris on a daily basis.
17
(5) Exterior noise levels shall not exceed 60 dBA;
18
(6) If the Facility is located in a free standing building
19 which lies within 500 feet of property zoned, planned or
occupied for residential use, it shall not be in operation
20 between 7:00 p.m. and 7:00 a.m.
2] (7) The facility shall display a notice stating that no
material shall be left outside the recycling containers;
22
(8) The facility shall be clearly marked with the name and
23 phone number of the facility operator and the hours of
operation; identification and informational signs shall
24 meet the standards of the C-1 Zoning District; and
directional signs, bearing no advertising message, may be
25 installed with the approval of the Community Development
Director pursuant to design review, Section 9272, if
26 necessary, to facilitate traffic circulation or if the
facility is not visible from the public right-of-way;
27 (g) Power-driven processing, including aluminum foil and can
compacting, baling, plastic shredding, or other light
28 processing activities shall be prohibited;
1 Resolution No. 2424
page eight
2
3 (10) 24 hour opera~1on is prohibited.!'
D. Section 9244.d shall be amended to add Subsection 6. to the list of
§ Permitted uses to read as follows:
6 "6. Reverse Vending Machines subject to standards contained in the
C-! District regulations, section g232.a.2."
7
8 E. Sections 9233.c shall be amended to add Subsection (aa) to the list
of conditionally permitted uses to read as follows:
9
"(aa)Bulk Vending Machines, subject to standards contained in the C-!
ZO Dtstrict regulations, Section 9232b."
1] F. Section 9233.c shall be amended to add Subsection (bb) to the ltst of
permitted uses to read as follows:
]2.
"(bb)Large collection facilities, subject to standards contained in
]3 the C-1 District regulations g232a.2."
G... Section 9244e.2 shall be amended to add Subsection (d) to read as
]5 follows:
]G "(d) ~n the event, that Bulk Vending Machines and/or a Large
Collection Facility is a desirable use on an approved
17 development plan, said uses shall be subject to all standards
contained in the C-l'Dtstrict regulations, Section 9232b."
18
19 PASSED AND ADOPTED at a regular.~e.e, ting of the_Plannin~ Commission of the
City of Tustin, held on the ~ day
20
23 /," ~' Chairman
Recordfng Secretary
26
27
28