Ordinance 1426
ORDZNAt~RE N0. 1426
AN 0~+' '1liE` CITY COtII~LL OF Tf~ CITY OF WPERTBiD
".r~ A TITLE 19, 2GNII~1G~ OF TNS C(JPFF~TII~O MltiiC,TgAL`COOE
SY"ACOII~ _~ SE'I'PTZR' FAT OCl1DRTIQN9
AND PR~1Rffi FTR PII~Tt'ZZJG
SAGE CCrITAIIdIIt RFT~RZCY1 AND RF)CYCLa1G CF1~lIEC2S
~ CITY OO~AaC~L OF TKE CITY OF CtJPE~'II~10 HfRF~Y ~1'IN3 Tf~T TPPLL+' 19,
Z(YdI2iG, OF TFffi QJPFIa'INO MiINZCIPAL CODE IS HII2E81t A243ifk9 BY TF~ ADDITION
OF CI~IFrTER _, BEZ-II2Ki~E OCEt~ i~l'ION AND REfCYCI~IG CF.NPIIiS.
SECPIOIJ 1• RJRPOSE
ZtLe propose of this Orrlinanoe is to establish regulations regarding
beverage rede~tion and recycling oessters.
SDCPICN 2 s APPLiCATION/PEl~U1ItPY
It is ur>,lawtul tar a zecyclirfq facility to ba placed, erected, moved,
reoanstnlcted ar altered unless made to comply with the prvrrisians o! this
title. Violation o! this Chapter is an irstzaction and is punishable as
provided in Chapter 1.12, Gm~er'al Pm'falty ' of `the` Cupertino 1+IImicipal
Code.
SF.CPION 3• C~FINITIONS
Section 3.1 Recyclable Materials
Recyclable Material is reusable ,~++tar~,~t~ including, but not limited
to metals, glassy plastic and papery Wt13.Ch era iiltenlied far reuse,
zematsufactt3r+e, ar reconstitution far the gopose of using the altered
farm. Recyclable material does not irsrlude refuse affi hazardous
materials.
Section 3.2 Recyrli,ng Cmttar
A Recycling Canter is a facility tar the collection arz~/ar processing
of recyclable materials.
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ORDIHI~lICE N0. 1426 ~, .:
A ~,; certified ~ c)enk s•: ~ ., Certified Px+ooessor,means a
-s~s''~-Y~.~sg facility cartitiedby.the Califoznia~D~ment of
Oarwervation: as .meskirg the ~ of,the California
Heinerage car;tainer Recycling and Litter Reducticn Act of
:1986.._.
B. >i ; . Recy~Jarg Center does not include storage o:artairnss ar
,p~'~J activity located on the premises of a coamerciai
as manufacturim~ use and used solely far the recyvlir;g of
material generated by that business ar manufacturer.
Recycllrg Facilities may include the following:
(i) Collection Facility
A Collection Facility is a facility for the acoeptanoe
(donation, redemptiasi or sale) of recyclable materials
frua the public. S~x3i a facility does not use
power-driven processing eguipeertt e~aoept as indicated
..,
in , btandartls and Conditions, below. Oollection
'Facilities mny include the followi~:
_ ,; . ,~:(a)..: Itevazse vending Machine(s) ;
(b) Small oollectioai Facilities which occupy an area
of not more than 500 square feet, a:xl may include:
1. A mobile recycling unit;
2. Hulk reverse verdirg madsine ar a grouping of
r~sverse ve:'rding machines occupying mare than
50 square Peet.
3. Kiosk type units and bulk verdittg machi:~es;
.. ., 4. -Unattended containers placed for the donation
of recyclable materials;
(c) iarge Collection Facilities ~i~h may oowpy en
area of mane than 500 square lest and may include
pe~nnent stz.
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SCE N0. 1426
(1):.Ps+ooessin9 Facility
.A 8t+ocxssing Facility is a building ar enclosed space used
fc~ the collection and pmooessirYg of recyclable materials.
Processing means the preparation of material far efficient
shipment ar to an end-user's specificatiaa~s, by such means
~ ~~1 r ~r ~r ' PlattAniT~Jr gr~d~3r
Czvshil7g, mec3sanical Bortitrg,, shreddirxg, cleaning, erld
x~aarnifac4aic~g• Processing facility includes the
fallowing:
(a) A licit prvicessir~g Facility occupies an area o! under
45,000 square feet of gross collection, processing and
sta~age area and has up to two (2) outbotmd truck
shipmeaits per day. Light processing Facilities are
limited to baling, briquetting, cnrshinq, cca~acting
grinding, shx+eddiry and sorting of sairoe-separated
recyclable materials and repairing of reusable
_. .: materials sufficient to qualify as a certified
prvoessirrg facility. A lit,~t prooessirg facility. shall
.. __ not shred, oaapact, ar bale ferrous metals other than
food and beveza~ge contall~ers.
(b) othar~than~Jproo~essi q acil~i pissing faci].itY
Section 3.3 Reverse Vending Machine(s)
A Reverse Verdirrg Machine is an autannted mechanical device which
aooepta one ar moms types of eripty beverage ocirtainers, irrludirg, but
not limited to alumiramr cans, glass an3 plastic battles, an3 issues a
cash r+eftuxl ar a redea~able crodit 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 pmovided
that the entire process is enclosed within the machine. In corder to
accept aryl teagxararily stoma all three oorttainer types in a propomtion
oammei'is~aate with their relative redemption rates, and to meet.the
~ of certification as a recyrlirg center, multiple gzrouping
of reverse vetding machines may be necessary.
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ORDII~NCE N0. 1426
A bulk reverse vending machine is a reverse verriirg machine that is
larger than 50 square festr is designed to accept mare than one
container at a timef and will pay by weight instead of by container.
Section 3.4 Mobile Recycling Oanter
A mobile Fecyvlirg Center means an automobile, truck, trailer ar van
.licensed by the Depaz~nent of Motor Vehicles, which is used for the
oollecticn of recyclable material. A Mobile Recyclirfq Center also
means the bins, boxes ar containers ttarssparted by tnirks, vans, or
trailers aryl used far the collection of recyclable materials.
A mobile zecyclirq center may consist of an errlased Vehicle such as a
boot cab ar errlosed se~ai-trailer ar an open vehicle suc31 as a flat bed
trailer with bins ar boxes to oorttain recyclable materials.
SDCPIOtJ 4 • PFTd~IS RDQfTII~9
No person shall permit the placement, oonstructian, ar operation o! any
recycling facility without first obtaining a permit pursuant to the
provisions set forth in this Section. Recycli~ facilities may be
permitted as sat forth in the following table.
'.T1me of Facjlity Zones P~atmitted Permit Reouired
Reverse Verrling All Ca~anercial Admin. Permits
Machines All Trrfiiefrial
All Planned Development zones
which permit oanoezcial, office
and iMustrial activity
BA arxi BQ
Small Cbllecticti
a.Rsverae Vending
Machines
b.Groupirrg o!
Reverse Vending
Maclsirtes
c.Mobile RBCyclirg:
F2rclased vehicle
All Qommerciel Admin. Permits
All Irxiustrial .
All Planned Development zones
whic3z permit oaameroial, office,
arri industrial activity..
BA and BQ
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~ NO. 1426 .; :t'~::'" ;.
Small Oollaction All Oomasrai,al ,, , : :, ~ .:. ; `AYC'~lit. i~'Site
a.Bulk Vending All Irrh:strial Appzwal Review
Machines All Planned DeNalopnRnt- Lcv~es _
b. Kiosk Units which permit oaaner+cial, oftiae,
c.Unatterded and industrial,. activity:: ,.,
Containers HA and Bp
d.Mdale Recycling:
,
Open Vehicle
e.Mobile Recycling: ... ,
F2~closed Vehicle . _. ..
that utilizes
external
oollectian bins
~,
Iarge Ocllection - I~t Il~'ial. ,Condit. Use Pprrnit
BA atxl BQ
All Plarmed Development which
ud:ich allows light ir~ustrial
activities = ; ;::.
Licit Ps+ooessing Lk~it Ir~strial ` ":: CoMit. Use Permit
All Planned Development whir3:
.. .
allows li,gtrt irrd: wt
activities
Heavy Prnoessing Idght Industrial Oondit. Use Permit
All Plarmed Development which
allows light industrial
activities
SDLTION 5• PF3d4'IS FGJ2 ~[rnmrvrs? g~~r
A single applicant may prvoess an application to allow mare than one
reverse vending machine iretallation or small oaLlectiat facility located
on different sites under the following oanditians:
A. 'it~e operator oP each of the p2~q.~osed facilities is the eamei
B. Zhe pr+opoeed facilities are dstezrained by the Director of
Planning and Development to be similar in nature, size and
intensity o! activity; aril
C. All of the applicable criteria and standards set fcuth in Section
5 below era met for each such proposed facility.
SECiZON 6: (]2rfE12IA AND STA2JD;+RD6
Zhose recycling facilities permitted with an Actninistrative or ooaxiitional
Use Permit shall meet all of the applicable criteria and standards listed
below.
~tffi2~NCE No. 1426 ..
the criteria a~ starxlards tar recycliatg taailities era as lollcws:
Sectiaat 6.1: Reverse Vending Machines
Reverse Vending Machines located within a oammereial atzucluie do not
require discretioasary permits. Reverse VetY]iaxi Machines located.
outside of a shall be x+egulated by the following standards:
1. Shall be established in oonjunetion with a omaaer+cial use whic3l
City of Gvp~erltino. the the zoning, building and tits codes of the
2. Shall be located within a reasonable pr+oocimity to the entrarxs~ to
the ocsaoeraial stivctur+e and et~all not abstract pedestrian or
vehicular circulation;
3. Shall not oa~spy P~~l ~~ by the Pr'~5' use anti
shall be placed on the apron of the host facility when possible;
4. Shall oocvpy no more t2san 50 oquar+e feet of floor space per
installation, including any protective enclosure, and shall be
not more than eight feet in heic~it.
5. Shall be constructed ar-d ~-intai*+~ with durable waterpz+ooP and
rustproof material;
6. Shall ba clearly marlaed 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 i! the
machine is inoperative;
7. -Shall have a sign area of a maxim~mm of four square teat per
madiine, elusive of operating instxuctionst
8. Shall be maintained in a litter-tree, dust-tree ocaYiition cal a
daily haslet
9. operating hours shall be at least the operating hours of the host
use.
10. shall be illuminated to ensure aamtrortable and sate operation it
operating hours era between chink and dadnt
u. Shall oaq~ly with City's Noise ordinance.
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i
ORDIIa1NCE ND. 1426 _:~f .~"' _ >
12. Sanitation cor:trol ard~ practices shall-bs installed`ard used to
,~~*+*~~++ each site in a manner freo of rodarrts, ii~aeahe "and other
vectors..
Section 6.2: Shull Collection Facilities
Small Collection Facilities shall oosply with the following
oanditiamt
1. Shall be established in corrjunctian with an e~dstinq ocmoercial,
otfioe, industrial ar cammuiity service facility which is in
c~lianos with the zoning, building and fire nodes of the
a~i-/may ~ ~:
2. Shall be no larger than 500 square feet, and ooa~y rro more than
Live (5) parking spaces not irrlud.inq space that will be
periodically needed for removal of materials or ma3sange of
containers;
3. Shall be set back at least ten (10) feat Fran any street line and
shell not obstruct pedestrian ar vehicular oiranlation. 'I2ie
collectiacr facility shall be sited in a manner which bnlancea the
' need -to pxwide visual aooeseibility to the recycling center
versus ..the objective to ~i*+t=i*+ an attractive street scapa Por
the ocnmuiity.
4. Shall accept only glass bottles, metals, plastic o~tairters,
papers and reusable items. Used motor oil may be accepted with
peimissiai of the Opntral Fire District, ar other agency which
adr-irdsters the city's Hazardous Material Ordinattoes. Used motor
oil can only be accepted at an attended site having containers
approved by the adm~nistatar o! the city's Hazaxda:s Materials
ordinances
5. Shall use no power-driveQf pmooeseing equipnent e;aoept for bulk
reverse vending machines;
6 Shall use containers that are oonstn~cted and maintained with
durable waterproof and rustpo.~oot material, ooves~ed when site is
not atlerded, secure fzun unauthorized entry ar removal of
material and shall be of a gpacity sufficient to acca~odate
materials collected aryl collection schedule;
7. Shall store all recyclable material in aa~tainers or in the
mobile center vehicle aixi shall not leave materials outside of
oontainer~s when attendant is rwt present;
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ORDINANCE N0. 1426 _....
8. Shall... be~mnintaihed free_ of litter: and-any. othsr;:undesirable
materials, and mobile facilities, at ~diic~ truck.-or ooTrtainaYs
are removed at the std of each collection day, shall br•swept at
the end of each aollectian days
9. Shall oa~ly with the City's Noise Ordinance.
10. Attended facilities located within 100 teat of a pztiper~y zoned
ar oaa:pied far res{ ~~*+* i Ai use shall curate only during the
hours between 4:00 a.m. and 6:00 p.m.t
11. Oo¢~tainers for the 24-hour donation of materials shall be at
least ~QQ Peet fz~ any pzvperty zoned as occupied for
residential uses unless there is acoustical shieldi~ betwaer- the
oocitainers and the residential asst
12. Sanitation control and praatioes shall be installed and used to
maintain each site in a manner tzee oP rodents, insects and other
vectozs.
13. oontair:era shall be clearly mar)ced to identify the type of
*+*~'~+-+~~ which may be depositedt the lacility shall be clearly
marked to identify the name+ and telephone rnnaber of the facility
tar and the hours of disp ay
t~ha~ta no material shall be le~aouts the recycling enclenclosure r
containers;
14. Signs may be prnvicled as lollaws:
a. Recycling oeutters may have idm~tilicatian aigna with a
- ;,maxim~m- of 20 peroe~nt per side of sixteen (16) square feet,
whichever is smaller, in additioa~ to informational signs
required in Section 5.12:
b. Si,cros must ba c~a~sistent with the character of the location;
c. Directional signs, bearing no advertising , ~Y ~
installed with the appzvval of tha Director. of Plasmirg and
Development it neoessasy to facilitate traffic circa~lation,
air if the .facility is not visible fzta- the. public
ric~st-ot-way.
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ORDINANC'~ IJO. 1426
.,, .~
d. , Rhe . DirectoaC r:of :Planning, and Development -may ' autharize
in~+eaeee in the raaober end size of sicg~s upon 2lydirga that
it is oompatibla with adjacent businesses.
15. ~ lacility shall not impair the.landscapirg required....for an
oonauxent use by this Title ar any permit issued pursuant
thereto;
16. No additional parking spaoea will be zequired far a;stamen^a of a
small oolleictian facility located at the established parking lot
of boat use. Ono space will be provided far the attendant, iP
needed;
17. Mobile recycling oentera shall have an gran clearly marloed to
prohibit other vehicular parkitg during hours when nubile center
is sdseduled to be present;
18. Oaupaticn of Parking spaces by the facility and by the attendant
may not reduce available parking spaces below the minimum number
required.-far the primary boat use unless all the following
oaditia;s exist;
a. Zhe facility is located in a oornwenienoe zone ar a potential
convenience zone as designated by the California Department
of Cbn.~atvatian;
b. A parking study shows that existing parking capacity is not
alzeady frilly utilized during the time the recycliig
facility will be on the site;
c. 'Ihe permit will be raoa~sidered at the end of 18 months.
19. Zf the permit expires without renewal, the Collection Facility
shall ba rewoved Farm the site on the day followi~ permit
expiration;
20. with the exception of enclosed mobile rec~~ir?g vehicles, small
oollectian facilities shall be scJ:~eened, via renting and/or
landscaping, izun public streets. ~ scteeznirg height, density,
aryl location shall be designed to mtntmf~A the view of the mobile
unit and potential sortim~ areas from public streets and other
Public spaces.
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Of2DII~U4NCC'E N0. 1426
21. . Sanitation .oontsol and pzac-tioes shall' be-'installed ard'used tc
maintain eao3t :site in a manner- tree oP zodentsi~ insects, aryl
other vectors.
Section 6.3 Large Oollection Facilities .
A 7anle Collectiai Facility is one that is larder tlfen 500 square
feet, ar is an a separate property not appurtenant to a host use, and
whirls may have a permanent building.
1. Facility. does not abut a property zoned, planned orr ooc~rpied Far
residential use;
2. Facility will be screened Pr+aa~ the public right-al-way by
operating in an enclosed building ar:
a. Within an area enclosed by an opaque Penoa at least six (6)
lest in height with larzlscxping;
b. lit least 150 Peet fzcm pxopasty zoned, planned ar oooupied
Par residential use; and
_-. -a. Meats all noise standards.
3. Setbacks and landscape requir^erertts shall be those pr+wided Par
the zoning district in which the Facility is located;
4. All exteriar storage oP material shall be in sturdy, nanAammable
cositainers which are covered, secure, and maintained in good
oonditicn. Haled ar pelletized material may also be stored. oil
storage Host be in containers approved by the Firs Marshal. No
storage will ba visible above the heic~st of the fencing;
5. Site shall be ~{*+*~~*+~ Free oP litter and any other utsdesirable
materials, an3 will be cleaned oP loose debris on a daily basis;
6. Space will be provided m sits Par six (6) vehicles ar the
anticipated peak wstaaer load, whie3sever is higher, to circulate
and to deposit recyclable materials;
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022DICU~iCE No. 1426 .. .
7. one ;. parld.c~g apnoa. will be. pr+oyicUd tar eaK3r official vehicle
pi+wid d !or in the za e, except that p~arki-~ {rests far
eaQloyees may be z+edooed when it can be shown that P~~I
are not necessary, auc3i as when eaplayees a1,a transported in
oomparry vehicle to a wank lacilityt
8. Shall comply with the City's Noise ottiinanoe.
9. It the lacility is located within 500 feet of p2roparty zoned,
planned ar occupied for residential use, it shall not be in
operaticcr between 7:00 p.m. and 7:00 a.m.;
10. Any containers provided tar afterhours donation o! recyclable
materials will be at least 50 feet Pray any pzvperty zoned ar
occupied tar residential use, shall ba o! stuzdy, rustproof
constnretion, shall have sufficient capacity to aooa®odate
materials collected aryl shall be secsrre fzan unauthorized entry
ar removal of materialB. Containers shall be at least ten (10)
teat Eton any buildirrgt
1L Dorvltiarr erase will be ]celrt free of litter and arty other
undesisable material and the containers will be clearly marked to
identify. the type of material that may be depositedt facility
shall display a notice statirq that no material shall be left
outside the rercyclirg oantainers;
12. Facility will be clearly marked with the name and phare rAnnber oP
the facility operator and the hours of operation; identificaticn
arri informational signs will meet the standards of the zone; and
directicnal signs, bearing nD advertisirx3 ~ mal' ~
installed with ttre app¢vval of the Director of Plaruting and
Development i! necessary to facilitate traffic circulaticn, ar it
the facility is Hart visible trcm the public rightrot-way way;
13. lower-driven processing, irrludinq alumiram foil and can
~. ~~J~ Plastic shredding, ar other light processing
.activities necessary tar efticiertt temporary storage and shipment
of material may be approved thzvugh a use permit process ar at
the discretion of the zoning administratar i! noise and other
oonditiorrs era mat.
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N0. 1426
14. Sanitation oorrtsol acrd practices stall bs inetnll~d and used to
maintain each alto in a m~rnret free=of z+odenYs, lrrsecta and ottrer
vectars.
Section 6.4: PY'ooeesitq Facilities
A processor will meet ttse follawirg o~rrditions:
1. Facility does not abut a po:npatty zoned as plarn;9d far
resideQrtial asst
2. in a oommezr~~~ ar light industrial zone, pzvoeseor will operate
in a wholly enclosed building except !ar incidental atorage, or:
a. Within an area enclosed on all sides by an opaque fence ar
wall not less than eic~t feet in height and landscaped an
all street flaorrtagea J
b. located at least 150 feet from a residential zone.
3. Pbw~er-driveY- pzvoeasirg shall be pez~aitted, provided all noise
level +~~t*+~*~*+*= are met. Light pirooessing fadlities are
limited to baling, briqusttirx~, ~~~g~ gr~'d~"4, ~'ed~rrg
and sorting of eamoe-separated z+ecyclable materials and
repairing o! reusable materials;
4. A light procpssirg facility shall be no larger than 45,000 square
teat and shall have no more than two (2) outva~md truck shipments
o! ~~~~ per day and may not shred, ca~act ar bale lerrous
metals other than food and beverage ocettainersJ
5. A pmooessirg facility any accept used motor oil far recrrling
!1ffi ttra geryatatorJ 1r1 amcxnrrts ~ greater ttan twenty (20)
gallons pat shipment aryl the oont~ts oP any single corrtaixrer
gust not exceed five (5) gallons; in aooo2darrce with Section
25250.11 of ttra California Health and Safety Codei
6. Setbacks and larrde[xpirg r+er,~,k**~++*s shall be those pzvvided far
the zoning district in which the facility is located.
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ORDItD1NCE N0. 1426 ..
7 r A71; ~ suteriar starage of mstarial! sts311 be irl 4tut~dy tfontlamoneble
oartainers adiich are . covered, eecarro and maintained in good
ootditlon. Baled or palletized material may also be stoned. Oil
storage must be in containszs approved by the Fire Marshal No
storage will be visible above the height of the fenoet
e. Site shall be maintained Eras of litter and any other undesirable
materials, arxi will be cleaned of loose debris an a daily basis
.....and will ba secured from unautharized entry aM removal of
materiels when attarrdarits are rat presents
9. Space shall be provided on sits far the anticipated peak load of
customers to ciza>.late, park asd deposit recyclable materials.
It facility is open to the public, specs will be provided far
alumira~ o! ten (l0) custametat
10. Cite parktnq specs will ba provided for each ccmoercial ve~2ricle
operated by the processing oerttar. Par)d,rrg requirements will
ot2rerwise be as mnrdated by the zone in which the facility is
locatedt
11. Shn11 oaaQly with the City's Noise Ordirsanoe
12. If the facility is located within 500 feet of pxvperty zoned,
planned ar oocupiod far zesiderrt.ial use, it shall not be in
operation between 7:00 p.m. and 7:00 a.m.. Facility will be
administezad by an-sits persor~-1 during the hours the center is
opens
13. Any oontainets provided far after-hau:s donation o! recyclable
materials will be at least ~ feet Prom any property zoned ar
oocxrpied Par residential use, shall be of sturdy, rustpmDOf
constsuctian, shall have sufficient capacity to aoo~nodate
materials collected and shall ba eeau^e from unauthorized errtty
ar x~oval of Ito,-~Ais. Containers shall be at least ten (10)
feet from any builditgt
14. Donatlan areas shall ba kept free oP litter and any ether
undesirable material. ~e ooartainess shall be clearly marked to
identity the type of material that rosy be deposited. Facility
shall .display a notion stating that ra material shall ba left
outside the z+ecyrll=rg cartaitrazst
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ORDII~-NCE t10. 1426
15. Sign ~'+~ ++„~,*9 stall be those p~+wided .far the zoning district
in which .the facility is located. In addition, facility will be
clearly marked with the Hama and:ptnns number o! the facility
operatar and the tm~trs of operaticni
16. No dust, ft~es, smoke, vibration ar odor above ambient level may
be detectable an neigtsbaricq propexti~.
17. Sanitation control and practices stall be installed and used to
maintain each site in a manner Eras of rodents, insects, and
otter vectors.
SECTION 7 • Tr~n, v~arr~rta
Section 7.1 A~n~niatratiVe Permit
Tt1e Direcstar of Plaruling and Development shall Lave the authority to
review and approve applications far Reveres Vending Madiines ant a
G~ ing of Reverse Vending Machinm occupying more flan 50 square
Each applicant shall use a form specified by the Diractar which
defines P,dministrative Fees and other filing requirements. R2a farm
shall be signed by the property owner and the applicant.
An ..applicant may file an appeal, within five (5) working days frrm
date of the Dirsctar's disapptroval, to be heard by the City oP
Cupertino's Arc3litecttu'al arxi Site Approval Committee (ASAC) . 4he
ASAC shall oansider the matter within one month from date of the
approval.
Section 7.2 Arc311tectural and Site Approval Ootaaitt:es (ASAC)
use Architectural and site Approval Ccaaaittse shall lava ttsa authority
to review and approve applications far bulk vending , kiosk
units, unattended oartainers, and other small collection facilities
other than revax~e vending machil~es referred in Section 6.1.
An application shall be made an a form specifying type, number of
eadsibits and filing fees by the Depnrtx~ent of Planning and 1)evelopnent
and stall be signed by the property owner acd applicant. Said
application shall contain infaroatiar regarding the size, location,
aignage, illumination, and other information to enable the oaaaittes
to evaluate the application pursuant to the starzlards contained in
this ordinance.
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OQ2DIt~1NCE N0. 1426
An applicant ar other irrlividual may file an appeal o! the
Arrhitectulal and site Approval Ctmaittee~s decision to the City
Council. Zhe appeal must ba filed in writing with the City Clerk
within five (5) wanking days subsequent to the Architecttual and Site
ApFmoval Oomnittee's decision.
The City Council shall schedule a hearing pursuant to the appeal
procedures specified in Section 8 of Ordirsance No. 652.
SECTION 8 • SE<IERABIISTY CLAUSE
Section 8.1• If any section, subsect,irn, sentence, clause ar phrase
of this ozdinanoe is far any r+easan held to be unocnstitutional, such
decision shall not affect the validity of the r~naininq portions o! this
or+dinanoe. The legislative body hereby declares that it wand have passed
this azditsnnoe and each seCtien, subsection, sentence, clause ar phrase
thereof, irrespective of the fact that any one ar more sections,
subsections, sentences, clauses ar phrases be declared ~u~titutienal.
SECTION 9 • FilffiZSfiBJG CLAUSE
Section 9.1: The City Clerk is hereby sutharized and directed to
cause a certified Dopy of this ordinance to be published at least coos
within fifteen (15) days after its enactment in the Cupertino Courier, the
official newspaper of the City, published and cirtiutated within the City
of Cupertino.
INS at a regular meeti~ of the City Council an the 21st ~Y
of September, 1987, and ElmC'I~ at 8t a regular lmetil7g of the City Council
of the City of Cupertino this 12th day of October ~ 1987, by the
following vote:
~1t7
AYFS: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
AffiFZTr: None
AffiTAIN: None
1~'AYCEt
_ o~
~C1IItIC
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