Reso 4562 Application No. 81,163
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4562
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ORDINANCE ADDING CHAPTER 19.81 TO THE
MUNICIPAL CODE TO BE ENTITLED "RECYCLING AREAS"
----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
SECTION I: FINDINGS
WHEREAS, State law requires local agencies by September 1, 1994 to adopt an ordinance providing for adequate and
accessible areas for the collecting and loading of recyclable materials in development projects; and
WHEREAS, local agencies must enforce the State's model ardinance if it fails to adopt its own ordinance; and
WHEREAS, the Planning Commission of the City of Cupertino is considering adding Chapter 19.81 to the Cupertino
Municipal Code to be entitled "Recycling Areas", as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of
Cupertino, and the Planning Commission has held one or more public hearings on the subject application; and
WHEREAS, the Planning Commission fmds that the subject ordinance is consistent with the State's model ordinance; and
NOW, THEREFORE , BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for adding Chapter 19.81 to the Cupertino Municipal Code to be entitled "Recycling Areas" , is hereby
recommended for approval;
That Chapter 19.81 shall read as follows:
19.81.010: Purqose•
All cities and counties are under a legal obligation to meet the provisions of the California lntegrated Waste Management
Act (AB 939), which requires that 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 loading 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 passing 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 required 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 is collected and loaded in a location serving five or more living units.
Resolution No. 4562 Application No. 81,163
Page 2 September 26, 1994
----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
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 and 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 do 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.
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 products. For purposes of this ordinance, recyclable materials include any discard or waste
material for which there is currently a feasible collection
system available.
19.81.030: Aunlicability 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 used 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 l,
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 September 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
Resolution No. 4562 Application No. 81,163
Page 3 September 26, 1994
----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
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.
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 the 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. 4563.
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 requirement of a recycling area under Section 19.81.030.
19.81.050 Maintenance and Collection.
Recyclable materials shall not be allowed to accumulate 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
waste contractors are responsible for maintenance of their respective bins and containers.
19.81.060 Violation---PenaltX
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 phrase 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 passed 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.
THEREFORE, BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based and contained in the Public Hearing
record concerning Application No. 81,163 as set forth in the Minutes of the Planning Commission Meeting of September
26, 1994, and are incorporated by reference as though fully set forth herein.
� Resolution No. 4562 Application No. 81,163
Page 4 September 26, 1994
I
PASSED AND ADOPTED this 26th day of September, 1994, at a Regular Meeting of the Planning Commission of the
City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chanman Mahoney
NOES: COMMISSIONERS: None
I ABSENT: COMMISSIONERS: None
i ABSTAIN: COMMISSIONERS: None
ATTEST: APPROV D:
i� � �
,� -'? ,,��
/�
� , ; .,,.� !�`;� °
, Robert Cowan Orrin Mahoney, Ch ' an
Community Development Director Cupertino Planning ommission
c:winwood/recycle