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Cupertino City Zoning Code

CHAPTER 19

108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS

19.108.010 Purpose.

The purpose of this chapter is to establish regulations regarding beverage container redemption and recycling centers.

(Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995)


19.108.020 Applicability of Regulations/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 of this code.

(Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995)


19.108.030 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 table 19.108.030.


19.108.040 Permits 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:

  1. The operator of each of the proposed facilities is the same;
  2. The proposed facilities are determined by the Director of Community Development to be similar in nature, size and intensity of activity; and
  3. All of the applicable criteria and standards set forth in Section 19.108.050 are met for each such proposed facility.

(Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995)


19.108.050 Criteria and Standards.

The criteria and standards for recycling facilities are as set forth in Table 19.108.050:


Table 19.108.030: Permits Required

Type of Facility
Zones Permitted
Permit Required
Indoor Reverse vending machinesAll commercialNone
Reverse vending machines
  • All commercial
  • All industrial
  • All planned development zones which permit commercial, office and industrial activity
  • BA and BQ
Admin. Use permit

Small collection

  1. Grouping of reverse vending
  2. Mobile recycling: enclosed vehicle
  • All commercial
  • All industrial
  • All planned development zones which permit commercial, office, and industrial activity
  • BA and BQ
Admin. Use permit

Small collection

  1. Bulk vending machines
  2. Kiosk units
  3. Mobile recycling: open vehicle
  4. Mobile recycling: enclosed vehicle that utilizes external collection bins
  • All commercial
  • All industrial
  • All planned development zones which permit commercial, office, and industrial activity
  • BA and BQ
Architectural and Site Approval - DRC
e. Unattended containersAdmin. Use permit
Large collection
  • Light industrial
  • BA and BQ
  • All planned development which allows light industrial activities
Conditional Use Permit
Light processing
  • Light Industrial
  • All planned development which allows light industrial activities
Conditional Use Permit
Heavy processing
  • Light Industrial
  • All planned development which allows light industrial activities
Conditional Use Permit

(Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995)


Table 19.108.050: Criteria and Standards

Reverse Vending Machines
Small Collection Facilities
Large Collection Facilities
Processing Facilities
1. Collocation withExisting commercial usesExisting commercial, office, industrial and public or quasi-public usesNot requiredNot required
2. Location

· Within a reasonable proximity to the entrance to the commercial structure and

· Shall not obstruct pedestrian or vehicular circulation

· Setback at least 10 feet from any street line and

· Shall not obstruct pedestrian or vehicular circulation.

· Sited in a manner that balances the need to provide visual accessibility to the recycling center versus the objective to maintain an attractive streetscape for the community

· Area for facility clearly marked to prohibit other vehicular parking during hours when mobile center is scheduled to be present.

· Facility does not abut a property zoned or occupied for residential use;

· Facility will be screened from the public right-of-way by operating in an enclosed building or:

· Within an area enclosed by an opaque fence at least six feet in height with landscaping,

· At least one hundred fifty feet from property zone or occupied for residential use, and

· Meets all noise standards;

· Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

· Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;

· Facility does not abut a property zoned for residential use;

· Processor will operate in a wholly enclosed building except for incidental storage, or:

· 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,

· Located at least one hundred fifty feet from a residential zone;

3. Maximum Size

· 50 square feet of floor space per installation, including any protective enclosure and

· 8 feet in height

· 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers

· 4,500 square feet for light processing facilities

· Heavy processing facilities may be larger

4. Parking

· Facility shall not occupy parking spaces required by the primary use and

· Shall be placed on the apron of the host facility when possible

· One space for attendant, if needed

· No additional spaces required for customers

· Attendant parking or facility may not reduce available parking spaces below the minimum required for the primary hose use unless all of the following conditions exist:

· The facility is located in a convenience zone or potential convenience zone as designated by the CA Department of Conservation

· A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site

· The permit will be reconsidered at the end of 18 months.
If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

· Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials

· 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

· 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 provide for a minimum of ten customers.

· 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 is located.

5. Illumination· Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn
6. Noise· Shall comply with the City's Noise Ordinance· Shall comply with the City's Noise Ordinance· Shall comply with the City's Noise Ordinance· Shall comply with the City's Noise Ordinance
7. Accepted Materials

· 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;

· A processing facility may accept used motor oil for recycling from the generator; in amounts no greater than twenty gallons per shipment and the contents of any single container must not exceed five gallons; in accordance with Section 25250.11 of the California Health and Safety Code;
8. Hours of Operation· Shall be at least the operating hours of the host use· Attended facilities located with one hundred feet of a property zoned or occupied for residential use shall be operated only during the hours between 9:00 a.m. and 6:00 p.m.
Containers for the twenty-four-hour donation of material shall be at least one hundred feet from any property zoned or occupied for residential uses unless there is acoustical shielding between the containers and the residential use
· If the facility is located within five hundred 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.· 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. Facility will be administered by on-site personnel during the hours the center is open
9. Landscaping· The facility shall not impair the landscaping required for a concurrent use by this title or any permit issued pursuant thereto.
10. Power-driven Processing Equipment· Shall use no power-driven processing equipment except for bulk reverse vending machines· 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.

· 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 of source-separated recyclable materials and repairing of reusable materials.

11. Maintenance

· Shall be maintained in a litter-free, dust free condition on a daily basis

· Sanitation control and practices shall be installed and used to maintain each site in a manner free of rodents, insects and other vectors.

· Shall be maintained free of litter and any other undesirable materials,

· 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.

· Sanitation control and practices shall be installed and used to maintain each site in a manner free of rodents, insects and other vectors.

· Site and Donation areas shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

· Sanitation control and practices shall be installed and used to maintain each site in a manner free of rodents, insects and other vectors.

· Donation areas shall be kept free of litter and any other undesirable material.

· Sanitation control and practices shall be installed and used to maintain each site in a manner free of rodents, insects, and other vectors.

12. Construction Materials, Capacity, Security and Storage· Durable, waterproof and rustproof materials

· Durable, waterproof and rustproof materials

· Covered when the facility is not attended

· Secure from unauthorized entry or removal of material

· Of a capacity sufficient to accommodate materials collected and collection schedule

· 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.

· Shall be secured from unauthorized entry and removal of materials when attendants are not present.

· Containers shall be at least 10 feet away from buildings.

· 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 Marshal.

· No storage will be visible above the height of the fencing.

· Shall be secured from unauthorized entry and removal of materials when attendants are not present

· 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 Marshal.

· No storage will be visible above the height of the fence.

13. Facility Identification

· Shall be clearly marked to identify the type of material that may be deposited

· Operating Instructions

· Identity and phone number of operator or responsible person to call if the machine is inoperable

· Shall display a notice stating that no material shall be left outside the recycling enclosure or containers

· Shall be clearly marked to identify the type of material that may be deposited

· Identity and phone number of operator

· Hours of operation

· Shall display a notice stating that no material shall be left outside the recycling enclosure or containers

· The containers shall be clearly marked to identify the type of material that may be deposited

· Shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

· Shall display a notice stating that no material shall be left outside the recycling containers

· The containers shall be clearly marked to identify the type of material that may be deposited.

· Shall be clearly marked with the name and phone number of the facility operator and the hours of operation

· Shall display a notice stating that no material shall be left outside the recycling containers

14. Screening

· 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;

· No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties
15. Signs· Maximum sign area = 4 square feet, exclusive of operating instructions

· Identification signs with a maximum of twenty percent per side or sixteen square feet, whichever is smaller, and

· Informational signs as allowed by the Sign Ordinance

· Must be consistent with character of the location

· 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,

· The Director of Community Development may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.

· Identification and informational signs will meet the standards of the zone.

· Directional signs, bearing no advertising message, may be installed with the approval of the Director of Community Development if necessary to facilitate traffic circulation.

· Sign requirements shall be those provided for the zoning district in which the facility is located.