Ordinance No. 92232
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA ADDING ARTICLE V TO
CHAPTER 12 OF THE CODE OF THE CITY OF CYPRESS
RELATING TO AREAS FOR COLLECTION AND LOADING
RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Article V of Chapter 12 of the Code of the
City of Cypress is hereby added to read as follows:
"ARTICLE V. AREAS FOR COLLECTING AND LOADING RECYCLABLE
MATERIAL IN DEVELOPMENT PROJECTS
Sec. 12 -51 DEFINITIONS.
A. Development Project. A Development Project shall
consist of one of the following:
(1) A project for which a building permit is required
for a commercial, industrial, or institutional building where solid
waste will be collected and loaded.
(2) A project for which a building permit is required
for residential buildings where solid waste will be collected and
loaded for four (4) or more units at one central location.
B. Improvement. An improvement adds to the value of a
facility, prolongs its useful life, or adapts it to new uses, but
improvements should be distinguished from repairs. Repairs keep
facilities in good operating condition, do not materially add to
the value of the facility, and do not substantially extend the life
of the facility.
C. Recyclable Material. Recyclable materials shall be
defined as those materials designated as recyclable under city
sponsored recycling programs by those materials that are single or
commingled, source - separated waste commodities such as paper,
cardboard, glass, plastics or metals.
D. Recycling Area. Recycling area shall be the space
allocated for collecting and loading of recyclable materials.
E. Solid Waste. Solid waste shall mean all putrescible and
nonputrescible solid and semisolid wastes, generated in or upon,
related to the occupancy or, remaining in or emanating from
residential or commercial premises, including recyclable materials,
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, discarded home and industrial
appliances, manure, vegetable or animal solid or semisolid wastes,
and other solid and semisolid wastes, as defined in Public
Resources Code Section 40191, excluding liquid wastes, abandoned
vehicles and manifested hazardous or medical wastes.
Sec. 12 -52 SPACE ALLOCATION.
A. General Provisions.
(1) Applicability.
(a) Any new development project requiring a
building permit shall include adequate, accessible and convenient
areas for collecting and loading recyclable materials.
(b) Any existing development project for which one
or more building permit applications have been submitted for one or
more alterations, where the same will collectively result in the
addition of 3011 or more floor area to the development project,
shall provide adequate, accessible and convenient areas for
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c
collecting and loading recyclable materials.
(c) Any new or existing development projects to be
located in an area served by a recycling system based upon the
collection of commingled solid waste and recyclable materials may
fulfill the requirement for adequate, accessible, and convenient
areas for collecting and loading recyclable materials by providing
adequate, accessible, and convenient areas for collecting and
loading commingled solid waste and recycled materials.
(2) Design Standards
(a) The design, construction and location of
recycling areas and enclosures shall be subject to approval by the
Planning Department, in accordance with the following:
(i) The design, construction, and location of
recycling areas shall not be in conflict with any applicable
federal, state, or local laws relating to fire, building, access,
transportation, circulation or safety.
(ii) Areas for recycling shall be adequate in
capacity, number and distribution to serve the development project.
(iii) Dimensions of the recycling area shall
accommodate receptacles sufficient to meet the recycling needs of
the development project.
(iv) An adequate number of bins or containers shall
be required to allow for the collection and loading of recyclable
materials generated by the development project and these shall be
located within the recycling area.
(v) Areas for recycling shall be contained in an
enclosure, the design of which shall be consistent with existing
solid waste receptacle enclosure requirements. The enclosure shall
fully screen solid waste and recyclable containers and materials
from public view.
(3) Additional Requirements.
(a) Recycling areas and the bins or containers
placed therein must provide protection against adverse
environmental conditions, such as rain and wind.
(b) A sign shall be permanently posted or painted
on each solid waste and recycling container, clearly identifying
the container type. The name and telephone number of the company
responsible for maintaining the containers shall be permanently
posted or painted on each solid waste and recycling container.
(c) The design and construction of recycling areas
shall promote and not prevent the proper securing of any recyclable
materials placed therein.
(4) Location Requirements.
(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) Any and all recycling areas shall be located so
as to be at least as convenient for those persons who deposit,
collect and load the recyclable materials placed therein as the
locations 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.
SECTION 2. Effective Date of Ordinance.
Notwithstanding any other provisions under law, the effective date
of this Ordinance shall be thirty (30) days after its final
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adoption.
SECTION 3. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of the Ordinance, is for any
reason to be held invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof may be declared
invalid or unconstitutional.
SECTION 4. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be posted in
three public places throughout the City."
FIRST READ at the regular meeting of the City Council of
said City held on the 8th day of August , 1994
and finally adopted and ordered posted at a regular meeting held on
the 22nd day of August , 1994.
ATTEST:
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CIT C E K THE CI%!'YY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, Darrell Essex, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted as the
regular meeting of the said City Council held on the 22nd day of
August , 1994; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Partin
Y OF CYPRESS