HomeMy WebLinkAboutOrdinance for Adopt #1 9-08-87 ORDINANCES 'FOR ADOPTION
TO: WILLIAM A. HUSTON, CITY ~GER
FROa: MARY E. WYNN, CITY CLERK
SUBJECT: ORDINANCE NO. 993 FOR ADOPTION
RECOMII~NOATION:
M. O. - That Ordinance No. 993 have second reading by title only.
M. O. - That Ordinance No. 993 be passed and adopted,
(Roll Call Vote]
- AGERDA ITEM:
ORDINANCE NO. 993 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING ZONING ORDINANCE AMENDMENT NO. 87-3 THEREBY AMENDING SECTIONS
9232.a.2, 9232.b, 9233.c, 9244.e.2 and 9297 OF THE TUSTIN MUNICIPAL CODE, TO
PERMIT REDEMPTION CENTERS FOR RECYCLABLE BEVERAGE CONTAINERS IN THE C-1, C-2
& PC, ZONING DISTRICTS, SUBJECT TO ADMINISTRATIVE AND CONDITIONAL USE
PERMITS
BACKGROUND:
Ordinance No. 993 had first reading by title only and introduction at the
August 17, 1987, City Council meeting.
MARY E. WYNN, CITY CLERK
!
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 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-i, C-2 &
PC, ZONING DISTRICTS, .SUBJECT TO ADMINISTRATIVE
6 AND CONDITIONAL USE PERMITS
? WHEREAS, on September 8, 1987, the City Council of the City of Tustin,
.C)lifornia, does hereby ordain as follows:
8
Section 1: Section 9297 shall be amended to include the follOWing
9 definitions, integrated in alphabetical order, to read as follows:
10 Beverage
]~ "Beverage" means beer and other malt beverages, carbonated
mineral and soda waters, and similar carbonated soft drinks in
12 liquid form which are ~ntended for human consumption.
]2 Beverage container
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
Consuner
"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.
21
Hobtle 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.
Processor
26
"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
4 empty aluminum beverage containers, nonalumtnum 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 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
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; recyclmble
13 "Recycle," "recycled," "recycling" or "recyclable" means the
reuse or refilling of empty beverage containers or the process
14 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,
10 compressing, storing, landfilling with, or disposing of an empty
beverage container.
17 Recyclable Material
181 Recyclable material is reusable material, including but not
limited to metals, glass, plastic and paper, which are intended
19 for reuse, remanufacture, or reconstitution 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
Safety Code and Orange County Fire and Health Departments.
22
23 Recycltng Factltt7
A Recycling Faciltty ts a center for the collection of
24 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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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_
7 donation, redemption, or purchase, of recyclable materials
from the public. Such a facility ddes 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.
14 Redemption; redeem
]5 "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.
17 Vendtng lqachtnes ,
18 A Reverse Vending 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 ra~es, and to meet the requirements of certification as a
recycling facility, multiple grouping of Reverse Vending
24 Machines may be necessary.)
25 A Bulk Reverse Vending Machine is a Reverse Vending Machine that
is~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
container.
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Ordinance No. 993
2 Page four
3
~ Supermrket
5 "Supermarket" means a full-line, self-service retail store with
gross annual sales of two mtllion dollars ($2,000,000) or more,
6 and which sells a line of dry grocery, canned foods, or nonfood
items and some perishable items.
7
Section 2: Section 9232.a.2 shall be amended to add Subsection (v) to the
8 ltst of permitted uses to read as follows:
9 "(v) Reverse Vending Machines subject to the ~ollowing 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;
]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
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;
21 (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;
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2 Ordinance No. 993
Page five
4 (12) Outdoor storage of any kind ts prohibited."
5 Sectton 3: Sectton 9232.b shall be amended to add Subsection (u) to the
11st of condftlonally permitted uses to read as follows:
6
"(u) Bulk Vendtng Machines, subject to the following regulations:
7
8 (1) Established tn conjunction with an exlsttng supermarket
whtch ts tn compliance wtth the zontng, butldtng and ftre
codes of the Ct ty of Tusttn;
9
(2) No larger than 500 square feet and not occupying any
]0 parktng spaces required by the .prtmary use;
]] (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;
(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
10 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;
(g) All recyclable material shall be stored internally;
(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 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
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
9 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;
(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.
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Ordinance No. 993
2 Page seven
(7) The facility shall dtsplay a notice stating that no
4 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 District; and-
? directional signs, bearing no advertising message, may be
8' installed with the approval of the Community Development
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;
10 (g) 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 9244.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-! District regulations, section g232.a.2."
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
]9 C-1 District regulations, Section 9232b."
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2 Ordinance No. 993
Page etght
3
4 Sectton .7: Sectlon 9233.c shall be amended to add Subsection (bb) to the
ltst of permitted uses to read as follows:
5
"(bb) Large collection facilities, subject to standards contained in
6 the C-10tstrtct regulations 9232a.2."
7
Sectton 8: Section 9244 e.2 shall be amended to add Subsection (d) to read
8 as follows:
9 "(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
Tustln, held on the day of , 1987.
15
Richard B. Edgar
10 Mayor
17
18 Mary E. Wynn
City Clerk
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