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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 28 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, 27 28 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. 27 28 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; 27 28 1 2 Ordt nance No. 993 Page ftve 3 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. 27 28 I 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! 28 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 22 23 25 26. 27 28 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 ~~~ ~, ~~ 19 20 22 23 2~ 25 26 27 2~ 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