Ordinance 1671ORDINANCE NO. 1671
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19
OF THE CUPERTINO MUNICIPAL CODE BY ADDING CHAPTER 19.81 TO BE ENTITLED
"RECYCLING AREAS"
THE CITY COLINCIL OF THE CITY OF CL~PERTINO DOES HEREBY ORDAIN that Section
19.81 of the Cupertino Municipal Code shall be amended to read as follows:
19.81.010: Purpose
All cities and counties are under a legal obligation to meet the provisions of the California Integrated
Waste Management Act (AB 939), which requires th<<t by January 1, 2000, 50 percent of the solid waste
generated must be diverted through source reduction, recycling and composting activities. To divert 50
percent of all solid waste requires the participation of the residential, commercial, industrial and public
sectors.
The lack of adequate areas for collecting and loathing recyclable materials that are compatible with
surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need
for state and local agencies to address access to solid waste for source reduction, recycling and
composting activities. The State Legislature, in passi~lg the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), requires all local agencies to adopt an ordinance by September 1, 1994
relating to adequate areas for collecting and loading recyclable materials in development projects. If the
local agency fails to act by the deadline, the law :requires the agency to enforce the State's model
ordinance. The model ordinance has been revised to fit local conditions, but otherwise complies with
AB 1327.
19.81.020: Definitions.
A. "Development Project" means any of the following:
1. A project for which a building permit is re~~uired for a commercial, industrial, institutional or
quasi-public building, or residential building having; five or more living units, where solid waste is
collected and loaded.
2. Any residential project where solid waste i:~ collected and loaded in a location serving five or
more living units.
3. Any new public facility where solid waste is collected and loaded, including any
improvements to the areas of a public facility which are used for collecting and loading solid waste.
4. Any subdivisions or tracts of single-family detached homes if, within such subdivisions or
tracts there is an area where solid waste is collected :end loaded in a location which serves five or more
living units. In such instances, recycling areas as specified in this ordinance are only required to serve
the needs of the living units which utilize the solid waste collection and loading area.
B. "Improvement "means a site or building change which adds to the value of a facility, prolongs its
useful life, or adapts it to new uses. Improvements dlo not include repairs which keep facilities in good
operating condition, but do not materially add to the value of the facility, and do not substantially extend
the life of the facility.
C. "Public Facility" means, but is not limited to, buildings, structures and outdoor recreation areas
owned by a local agency.
Ordinance No. 1671
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D. "Recycling Area" means space allocated for collecting and loading of recyclable materials. Such
areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall
be accessible and convenient for those who deposit as well as those who collect and load the recyclable
materials placed in the receptacles for such materials.
E. "Recyclable Material" means discards or waste materials that may be separated or mixed, collected
and processed, and used as raw materials for new pr~~ducts. For purposes of this ordinance, recyclable
materials include any discard or waste material for v~ hich there is currently a feasible collection system
available.
19.81.030: Applicability of regulations.
The site development regulations prescribed in Section 19.81.040 shall apply to all development projects
which meet the following criteria:
A. Any new development project for which an application for a building permit is submitted on or after
September 1, 1994;
B. Any improvements to areas of a public facility usc;d for collecting and loading solid waste;
C. Any existing development project for which an application for a building permit is submitted on or
after September 1, 1994 for a single alteration which is subsequently performed that adds 30 percent or
more to the existing floor area of the development project;
D. Any existing development project for which an application for a building permit is submitted on or
after September 1, 1994 for multiple alterations which are conducted within a twelve month period
which collectively add 30 percent or more to the existing floor area of the development project;
E. Any existing development project for which multiple applications for building permits are submitted
within a twelve month period beginning on or after S~;ptember 1, 1994 for multiple alterations which are
subsequently performed that collectively add 30 percent or more to the existing floor area of the
development project;
F. Any existing development project occupied by multiple tenants, one of which submits on or after
September 1, 1994 an application for a building permit for a single alteration which is subsequently
performed that adds 30 percent or more to the existing floor area of that portion of the development
project which said tenant leases;
G. Any existing development project occupied by multiple tenants, one of which submits on or after
September 1, 1994 an application for a building permit for multiple alterations which are conducted
within a twelve month period which collectively add 30 percent or more to the existing floor area of that
portion of the development project which said tenant leases; and
H. Any existing development project occupied by multiple tenants, one of which submits within a
twelve month period beginning on or after September 1, 1994 multiple applications for building permits
for multiple alterations which are subsequently performed that collectively add 30 percent or more the
existing floor area of that portion of the development project which said tenant leases.
19 81 040 Site development regulations.
Development projects as provided for in Section 19.81.030 shall provide adequate, accessible and
convenient areas for collecting and loading recyclable materials. Structures built to enclose recycling
containers, bins and areas are considered accessory :structures and are thus subject to the provisions of
Chapter 19.80.
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A. Recycling areas shall not be located in any area required to be constructed or maintained as
unencumbered, according to any applicable federal, state or local laws relating to fire, access, building,
transportation, circulation or safety.
B. Recycling areas shall be located so they are at least as convenient for those persons who deposit,
collect and load the recyclable materials placed in they receptacles as the location(s) where solid waste is
collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be
adjacent to the solid waste collection areas.
C. The development of recycling areas shall generally comply with the site and design guidelines
adopted in City Council Resolution No. 9219.
D. Any costs associated with adding recycling space to existing development projects shall be the
responsibility of the project applicant.
E. Recycling areas for existing multiple tenant development projects shall, at a minimum, be sufficient
in capacity, number, and distribution to serve that portion of the development project leased by the tenant
who submitted an application resulting in the requiren-ent of a recycling area under Section 19.81.030.
19.81.050 Maintenance and Collection.
Recyclable materials shall not be allowed to accum~zlate such that a visual or public health or safety
nuisance is created. The property owner is responsible for arranging the pickup of recyclable materials
by the recycling contractor. Maintenance of each recycling and trash enclosure is also the responsibility
of the property owner. The recycling and solid wa:;te contractors are responsible for maintenance of
their respective bins and containers.
19.81.060 Violation---Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in Chapter 1.12.
19.81.070 Severability.
If any section, subsection, sentence, clause or phr~ise of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The
legislative body hereby declares that it would have parsed the ordinance codified in this chapter and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
This ordinance shall take effect and be in force thirty (30) days after its passage.
Ordinance No. 1671
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day
of October , 1994 and ENACTED at a regular meeting of the City Council of the City of Cupertino this _
7th day of November , 1994, by the following vote:
Vote Members of the City Council
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kim Marie Smith
City Clerk
APPROVED:
/s/ Barbara Konnel
Mayor, City of Cupertino
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