Ordinance No. 1682•
ORDINANCE NO. 1682
AN ORDNANCE OF TEfE CITY COUNCIL OF THE CITY OF CUPF.RTMO
AMENDMG ORDINANCE NO. 1426 AND ADDING CHAPTER 19.82 TO THE
MUNICIPAL CODE TO BE ENTITLED "BEVERAGE CONTAINER
REDEMPTION AND RECYCLING CENTERS"
19.82.010 Purpose
The purpose of this ordinance is to establish regulations regarding beverage
redemption and recycling centers.
19.82.020 Application/penalty
It is unlawful for a recycling facility to be placed, erected, moved, reconstructed
or altered unless made to comply with the provisions of this title. Violation of this
Chapter is an infraction and is punishable as provided in Chapter 1.12, General Penalty,
of the Cupertino Municipal Code.
19.82.030 Definitions
A. Recyclable Materials
Recyclable material means discards or waste materials that may be separated or
mixed, collected and processed, and used as raw materials for new products. For
purposes of this ordinance, recyclable material does not include hazardous materials.
B. Recycling Center
A recycling center is n facility for the collection andfor processing of recyclable
materials.
1. Certified Recycling Center or Certified processor 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.
2. Recycling Center does not include storage containers or processing
activity located on the premises of a commercial or manufacturing use and
use solely for the recycling of material generated by that business or
manufacturer. Recycling facilities may include the following:
(A) Collection Facility
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A collection facility is a facility for the acceptance (donation, redemption
• or sale) of recyclable materials from the public. Such a facility does not
use power-driven processing equipment except as indicated in Standards
and Conditions, below. Collection facilities may include the following:
(I) Reverse Vending Machine(s);
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(2) Small Collection Facilities which occupy an area of not more than
500 square feet, and may include:
1. A mobile recycling unit;
2. Bulk reverse vending machine or a grouping of reverse vending
machines occupying more than 50 square feet.
3. Kiosk type units and bulk vending machines;
4. Unattended conwiners placed for the donation of recyclable
materials;
(3) Large collection facilities which may occupy an area of more than 500
square feet and may include permanent structures.
(B) Processing Facility
A processing facility is a building or enclosed space use for the collection
and processing of recyclable materials. Processing means the preparation
of material for efficient shipment or to an end-user's. specifications, by
such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Processing facility includes the following:
(1) Alight processing facility occupies an area of under 45,000 square
feet of gross collection, processing ad storage area and has up to two (2)
outbound truck shipments per day. Light processing facilities are limited
to baling, briquetting, crushing, compacting grinding, shredding and
sorting of source-separated recyclable materials and repairing of reusable
materials sufficient to qualify as a certified processing facility. Alight
processing facility shall not shred, compact, or bale ferrous metals other
than food and beverage containers.
(2) A heavy processing facility is any processing facility other than a light
processing facility.
C. Reverse Vending Machines(s)
A reverse vending machine is an automated mechanical device which accepts 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 containers 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 center, multiple grouping of reverse
vending machines may be necessary. A bulk reverse vending machine is a reverse
vending machine that is lazger than 50 square feet; is designed to accept more than one
container at a time; and will pay by weight instead of by container.
D. Mobile Recycling Center
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A mobile recycling center means an automobile, truck, trailer or van licensed by
the Department of Motor Vehicles, which is used for the collection of recyclable material.
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.
A mobile recycling center may consist of an enclosed vehicle such as box cab or
enclosed semi-trailer or an open vehicle such as a flat bed trailer with bins or boxes to
contain recyclable materials.
19.82.040 Permits Required
No person shall place, construct, or operate a recycling facility without first obtaining a
permit pursuant to the provisions set forth in this Section. Recycling facilities may be
permitted as set forth in the following table.
Tyne of Facility Zones Permitted PermitPermit Reauired
Reverse Vending All Commercial Admin. Permits
Machines All Industrial
All Planned Development canes
which permit commercial, office
and industrial activity
BA and BQ
Small Collection All Commercial Admin. Pemtits
All Industrial
All Planned Development canes
a. Grouping of which permit commercial, office,
Reverse Vending and industrial activity
Machines BA and BQ
b. Mobile Recycling:
Enclosed Vehicle
Small Collection All Commercial Archit. 8t Site
a.Bulk Vending All Industrial Approval Review
Machines All Planned Development woes
b.ICiosk Units which permit commercial, office,
c.Unattended and industrial activity
Containers BA and BQ
d.Mobile Recycling:
Open Vehicle
e.Mobile Recycling:
Enclosed Vehicle
that utilizes external
collection bins
Lazge Collection Light Industrial Condit. Use Permit
BA and BQ
All Planned Development
which allows light industrial
activities
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Light Processing Light Industrial Condit. Use Permit
All Planned Development
which allows light industrial
activities
Heavy Processing Light Industrial Condit. Use Permit
All Planned Development
which allows light industrial
activities
19.82.050 Permib for multiple sites
A single applicant may process an application to allow more than one reverse
vending machine installation or small collection facility located on different sites under
the following conditions:
A. The operator of each of the proposed facilities is the same;
B. The proposed facilities are determined by the Director of Community Development to
be similar in nature, size and intensity of activity; and
C. All of the applicable criteria and standazds set forth in Section 19.82.060 below are
met for each such proposed facility.
19.82.060 Criteria and standards
Those recycling facilities permitted with an Administrative, Architectural or
Conditional Use permit shall meet all of the applicable criteria and standards listed
below.
The criteria and standazds for recycling facilities are as follows:
A. Reverse Vending Machines
Reverse vending machines located within a commercial structure do not require
discretionary permits. Reverse vending machines located outside of a structure shall be
regulated by the following standards:
1. Shall be established in conjunction with a commercial use which is in compliance
with the zoning, building and fire codes of the City of Cupertino;
2. Shall be located within a reasonable proximity to the entrance to the commercial
structure and shall not obstruct pedestrian or vehiculaz circulation;
3. Shall not occupy parking spaces required by the primary use and shall be placed on
the apron of the host facility when possible;
4. Shall occupy no more than 50 square feet of floor space per installation, including any
protective encloswe, and shall be not more than eight feet in height;
5. Shall be constructed and maintained with durable waterproof and rustproof material;
6. Shall be 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 inoperative;
7. Shall have a sign area of a maximum of fow square feet per machine, exclusive of
operating instructions;
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8. Shall be maintained in a litter-free, dust free condition on a daily basis;
9. Operating hours shall be at least the operating hours of the host use;
10. Shall be illuminated to ensure comfortable and safe operation if operating hours are
between dusk and dawn;
11. Shall comply with City's Noise ordinance;
12. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects and other vectors.
B. Small Collection Facilities
Small collection facilities shall comply with the following conditions:
1. Shall be established in conjunction with an existing commercial, office, industrial or
community service facility which is in compliance with the zoning, building and fire
codes of the City of Cupertino;
2. Shall be no larger than 500 square feet, and occupy no mare than five (5) parking
spaces not including space that will be periodically needed for removal of materials or
exchange of containers;
3. Shall be set back at least ten (l0) feet from any street line and shall not obstruct
pedestrian or vehiculaz circulation. The collection facility shall be sited in a manner
which balances the need to provide visual accessibility to the recycling center versus
the objective to maintain an attractive streetscape for the community.
4. Shall accept only glass bottles, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with permission of the Central Fire District, or other
agency which administers the City's Hazardous Material Ordinances. Used motor oil
can only be accepted at an attended site having containers approved by the
administrator of the City's hazardous materials ordinance;
5. Shall use no power-driven processing equipment except for bulk reverse vending
machines;
6. Shall use containers that are constructed and maintained with durable waterproof and
rustproof material, covered when site is not attended, secure from unauthorized entry
or removal of material and shall be of a capacity sufficient to accommodate materials
collected and collection schedule;
7. Shall store all recyclable material in containers or in the mobile center vehicle and
shall not leave materials outside of containers when attendant is not present;
8. Shall be maintained free of litter and any other undesirable materials, and mobile
facilities, at which truck or containers are removed at the end of each collection day,
shall be swept at the end of each collection day;
9. Shall comply with the City's Noise ordinance.
10. Attended facilities located with 100 feet of a property zoned or occupied for
residential use shall operated only during the hours between 9:00 a.m. and 6:00 p.m.;
11. Containers for the 24-hour donation of material shall be at least 100 feet from any
property zoned or occupied for residential uses unless there is acoustical shielding
between the containers and the residential use;
12. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects and other vectors.
13. Containers shall be clearly mazked to identify the type of material which may be
deposited; the facility shall be clearly marked to identify the name and telephone
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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. Signs may be provided as follows:
(A) Recycling centers may have identification signs with a maximum of 20
percent per side or sixteen (l6) square feet, whichever is smaller, in
addition to informational signs as provided in Section 17.32.120 of the
Municipal Code.
(B) Signs must be consistent with the character of the location;
(C) Directional signs, bearing no advertising message, may be installed with the
approval of the Director of Community Development if necessary to
facilitate traffic circulation, or if the facility is not visible from
the public right-of--way.
(D) The Director of Community Development may authorize increases in the
number and size of signs upon findings that it is compatible with adjacent
businesses.
15. The facility shall not impair the landscaping required for a concurrent use by this Title
or any permit issued pursuant thereto;
16. No additional parking spaces will be required for customers of a small collection
facility located at the established parking lot of host use. One space will be provided
for the attendant, if needed;
17. Mobile recycling centers shall have an area clearly marked to prohibit other vehicular
parking during hours when mobile center is scheduled to be present;
18.Occupation of parking spaces by the facility and by the attendant may not reduce
available parking spaces below the minimum number required for the primary host
use unless all the following conditions exist:
(A) The facility is located in a convenience zone or potential convenience zone
as designated by the California Department of Conservation;
(B) A pazking study shows that existing parking capacity is not already fully
utilized during the time the recycling facility will be on the site;
(C) The permit will be reconsidered at the end of l8 months.
19. If the permit expires without renewal, the Collection Facility shall be removed from
the site on the day following permit expiration;
20. With the exception of enclosed mobile recycling vehicles, Small collection facilities
shall be screened, via fencing and/or landscaping, from public streets. The screening
height, density, and location shall be designed to minimize the view of the mobile
unit and potential sorting areas from public streets and other public spaces.
21. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects, and other vectors.
C. Large Collection Facilities
A lazge collection facility is one that is larger than 500 square feet, or is on a
separate property not appurtenant to a host use, and which may have a permanent
building.
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1. Facility does not abut a property zoned or occupied for residential use;
2. Facility will be screened tom the public right-of--way by operating in an enclosed
building or:
(A) Within an area enclosed by an opaque fence at least six (6) feet in height with
landscaping;
(B) At least 150 feet from property zone or occupied for residential use;
and
(C) Meets all noise standards.
3. Setbacks and landscape requirements shall be those provided for the zoning district in
which the facility is located;
4. All exterior storage of material shall be in sturdy, nonflammable containers which are
covered, secure, and maintained in good condition. Baled or pelletized material may
also be stored. Oil storage must be in containers approved by the Fire Marshall. No
storage will be visible above the height of the fencing;
5. Site shall be maintained free of litter and any other undesirable materials, and will be
cleaned of loose debris on a daily basis;
6. Space will be provided on site for six (6) vehicles or the anticipated peak customer
load, whichever is higher, to circulate and to deposit recyclable materials;
7. One parking space will be provided for each commercial vehicle operated by the
recycling center. Parking requirements will be as provided for in the zone, except that
parking requirements for employees may be reduced when it can be shown that
parking spaces are not necessary, such as when employees are transported in company
vehicle to a work facility;
8. Shall comply with the City's Noise ordinance.
9. if the facility is located within 500 feet of property zoned or occupied for residential
use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;
10. Any containers provided for after-hours donation of recyclable materials will be at
least 50 feet from any property coned or occupied for residential use, shall be of
sturdy, rustproof construction, shall have sufficient capacity to accommodate
materials collected and shall be secure from unauthorized entry or removal of
materials. Containers shall be at least ten (10) feet from any building;
11. Donation areas will be kept free of litter and any other undesirable material and the
containers will be clearly marked to identify the type of material that may be
deposited; facility shalt display a notice stating that no material shall be left outside
the recycling containers;
12. Facility will be clearly marked with the name and phone number of the facility
operator and the hours of operation; identification and informational signs will meet
the standards of the zone; and directional signs, bearing no advertising message, may
be installed with the approval of the Director of Community Development if
necessary to facilitate traffic circulation, or if the facility is not visible from the public
right-of--way;
13. Power driven processing, including aluminum foil and can compacting, baling, plastic
shredding, or other light processing activities necessary for efficient temporary
storage and shipment of material may be approved through a use permit process or at
the discretion of the Director of Community Development if noise and other
conditions are met.
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14. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects and other vectors.
D. Processing Facilities
A processor will meet the following conditions:
1. Facility does not abut a property zoned for residential use;
2. Processor will operate in a wholly enclosed building except for incidental storage, or:
(A) Within an area enclosed on all sides by an opaque fence or wall not less than
eight feet in height and landscaped on all street frontages;
(B) Located at least 150 feet from a residential zone.
3. Power-driven processing shall be permitted, provided all noise level requirements are
met. Light processing facilities are limited to baling, briquetting, compacting,
grinding, shredding and sorting ofsource-separated recyclable materials and repairing
of reusable materials;
4. Alight processing facility shall be no larger than 45,000 square feet and shall have no
more than two (2) outbound truck shipments of material per day and may not shred,
compact or bale ferrous metals other than food and beverage containers;
5. A processing facility may accept used motor oil for recycling from the generator; in
amounts no greater than twenty (20) gallons per shipment and the contents of any
single container must not exceed five (5) gallons; in accordance with Section
25250.11 of the California Health and Safety Code;
6. Setbacks and landscaping requirements shall be those provided for the zoning district
in which the facility is located.
7. All exterior storage of material shall be in sturdy nonflammable containers which are
covered, secured and maintained in good condition. Baled or pelletized material may
also be stored. Oil storage must be in containers approved by the Fire Marshall. No
storage will be visible above the height of the fence;
8. Site shall be maintained free of litter and any other undesirable materials, and will be
cleaned of loose debris on a daily basis and will be secured from unauthorized entry
and removal of materials when attendants are not present;
9. Space shall be provided on site for the anticipated peak load of customers to circulate,
park and deposit recyclable materials. If facility is open to the public, space will be
provided for a minimum of ten (10) customers;
IO.One parking space will be provided for each commercial vehicle operated by the
processing center. Parking requirements will otherwise be as mandated by the zone in
which the facility if located;
11. Shall comply with the City's noise ordinance.
12. If the facility is located within 500 feet of property zoned or occupied for residential
use, it shall not be in operation between 7:00 p.m. and ?:00 a.m. Facility will be
administered by on-site personnel during the hours the center is open;
13. Any containers provided for after-hours donation of recyclable materials will be at
least 100 feet from any property zoned or occupied for residential use, shall be of
sturdy, rustproof construction, shall have suEflcient capacity to accommodate
materials collected and shall be secure from unauthorized entry or removal of
materials. Containers shall be at least ten (10) feet from any building;
14. Donation areas shall be kept free of !fitter and any other undesirable material. The
containers shall be clearly marked to identify the type of material that may be
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deposited. Facility shall display a notice stating that no material shall be left outside
the recycling containers;
15. Sign requirements shall be those provided for the zoning district in which the facility
is located. In addition, facility will be clearly marked with the name and phone
number of the facility operator and the hours of operation;
16. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on
neighboring properties.
17. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects, and other vectors.
19.82.070 Administrative Procedures
A. Administrntive Permit
The Director of Community Development shall have the authority to review and
approve applications for Reverse Vending Machines, a Grouping of Reverse Vending
Machines occupying more than 50 square feet and a mobile recycling center which uses
exclusively an enclosed vehicle.
Each applicant shall use a form specified by the Director which defines
Administrative fees and other filing requirements. The form shall be signed by the
property owner and the applicant.
An applicant may file an appeal, within five (5) working days from date of the
Director's disapproval, to be heard by the City of Cupertino's Planning Commission. The
commission shall consider the matter within one month from date of the disapproval.
B. Planning Commission
The Planning Commission shall have the authority to review and approve
applications for bulk vending machines, kiosk units, unattended containers, and other
small collection facilities other than reverse vending machines, groupings of reverse
vending machines and mobile recycling centers using exclusively enclosed vehicles
referred to in Section 19.82.070.A.
An application shall be made on a form specifying type, number of exhibits and filing
fees by the Department of Community Development and shall be signed by the property
owner and applicant. Said application shall contain information regarding the size,
location, signage, illumination, and other information to enable the commission to
evaluate the application pursuant to the standards contained in this ordinance.
19.82.080 Severability Clause
[f any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The legislative body hereby declares that it would
have passed this ordinance 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.
19.82.090 Publishing Clause
The City Clerk is hereby authorized and directed to cause a certified copy of this
ordinance to be published at least once within fifteen (15) days after its enactment in the
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Cupertino Courier, the official newspaper of the City, published and circulated within the
City of Cupertino.
INTRODUCED at a regular meeting of the City Council on the 21st day of February,
1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino
this 6th day of March, 1995, by the following vote:
YIII~ Members of the City .o ~ncil
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO ) 1
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, Califomia, do hereby certify the attached to be a full, true, and correct copy of
Ordinance No. /d p~ enacted on 71L~ ! "_..1~ 6 r / ~~S
tN WITNESS WHEREOF, [have hereunto set myhand and 4eal this ~~ day of
t
KIMBERLY S ITH, City Clerk and ,
ex-officio Clerk of the City Council of
the City of Cupertino, Califomia