Ordinance No. 786ORDINANCE NO. 786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING APPENDIX I "ZONING" OF THE MUNICIPAL CODE OF
THE CITY OF CYPRESS TO PERMIT RECYCLING COLLECTION FACILITIES IN
CERTAIN ZONES BY CONDITIONAL USE PERMIT.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 8.(A.) "Definitions" of the Municipal
Code of the City of Cypress Appendix I. "Zoning is hereby amended
by the deletion of the paragraph definition entitled "Aluminum
Can Vending Machines" and by the addition of the following
definitions in the appropriate alpha sequence:
RECYCLABLE MATERIAL shall mean reusable material, including,
but not limited to metals, glass, plastic and paper, which
are intended for reuse, remanufacture, or reconstitution for
the purpose of using the altered form. Recyclable material
does not include refuse or hazardous materials.
RECYCLING COLLECTION FACILITY shall mean a center for the
collection of recyclable materials. A Certified Recycling
Collection Facility means a Recycling Facility certified by
the California Department of Conservation Division of
Recycling as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of
1986.
A Recycling Collection Facility does not include storage
containers or processing activity, located on the premises of
a commercial use. A Recycling Collection Facility may
include the following:
a. REVERSE VENDING MACHINE. A Reverse Vending Machine is an
automated mechanical device which accepts at least 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 container's 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. A
Reverse Vending Machine is no larger than 50 square feet
in size. A Bulk Reverse Vending Machine is larger than
50 square feet.
b. MOBILE RECYCLING UNIT. A Mobile Recycle Unit means an
automobile, truck, trailer or van, licensed by the
Department of Motor Vehicles, which is used for the
collection of recyclable materials. 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.
SECTION II: Section 10.18 "Permitted and Conditional Uses"
of the Code of the City of Cypress, Appendix I, "Zoning ", is
hereby amended by the deletion of aluminum can recycling machines
as a use permitted subject to a conditional use permit, and by
the addition of the following in the appropriate alpha sequence:
Recycling Collection Facilities including Reverse Vending
Machines and Mobile Recycling Units are permitted uses in
the CN- Commercial Neighborhood, CG- Commercial General and
CH- Commercial Heavy Zones subject to a conditional use
permit, as provided for in Government Code Section
66787.6.
SECTION III: Section 14.2(B) "Parking Spaces Required,
Schedule of Off - Street Parking Requirements for Building or
Uses," of the Code of the City of Cypress Appendix I, "Zoning ",
is hereby amended by the addition of the following:
USE
Recycling Collection
Facilities, including
Reverse Vending Machines
and Mobile Recycling
Units
MINIMUM OFF - STREET PARKING REQUIRED
No additional parking spaces will
be required for a recycling
collection facility located at the
established parking lot of a host
use. However, occupation of parking
spaces by the facility and employee
attendant may not reduce available
parking spaces below the minimum
number required for the primary
host use unless the facility is
located in a convenience zone as
designated by the California
Department of Conversation
Division of Recycling. In that
case, a reduction of available
parking spaces shall not exceed
five (5) spaces.
SECTION IV. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the
application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance or its
application to other persons or places. The City Council hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase or
portion thereof to any person or place, be declared invalid or
unconstitutional.
SECTION V. 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 a regular meeting of the City Council of said
City held on the 28th day of September 1987, and finally adopted
and ordered posted at a regular meeting held on the 13th day of
October 1987.
ATTEST:
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CITY CLERK bF THE CITY OF CYPRESS
Mayor Pro Tem
MAYOR OF THE CITY OF CYPRESS
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STATE. OF CALIFORNIA )
) SS
COUNTY OF ORANGE
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the said City Council on the 13th day of
October 1987, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Coronado, Davis and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 oDUNCIL MEMBERS: Kanel
CITY C ERK OF THE C Y OF CYPRESS
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