Ordinance - 1967ORDINANCE NO. 1967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, EXTENDING ORDINANCE NO. 1966
PURSUANT TO SECTION 65858(a) OF THE CALIFORNIA
GOVERNMENT CODE
WHEREAS, on February 20, 1996, the City Council of the City of West
Covina adopted Interim Urgency Ordinance No. 1966 which established more
stringent standards for reviewing and approving reverse vending machine
facilities; and
,'WHEREAS, the Urgency Ordinance was adopted to protect the health and
safety of the public, aesthetics of approved commercial and retail areas for
reverse vending machines, and improvement of current vending machines
standards; and
WHEREAS, pursuant to Section 665858(a) of the California Government
Code, Urgency Ordinance No. 1966 was adopted as an interim measure for. a
45 - day period; and
WHEREAS, pursuant to Section 665858(a) of the California Government
Code, the City Council may extend the urgency ordinance for a period of ten
months and fifteen days with a four - fifths vote at a duly noticed public hearing;
and
WHEREAS, without the extension of the Urgency Ordinance, inadequate,
current vending machine standards may result in adverse effects to the public
and the visual aesthetics of affected commercial and retail areas within the city;
and
WHEREAS, staff requires additional time to study and develop standards to
prevent the establishment of reverse vending machines that may impact the
public by obscuring the building architecture, obstructing walkways, and creating
unclean conditions and .clutter; and
WHEREAS, the City Council, upon giving the required notice, did on the
2nd day of April 1996, conduct a duly advertised public hearing ad prescribed by
law to consider the proposed time extension of Urgency Ordinance No. 1966.
NOW, THEREFORE, the City Council of the city of West Covina, California
hereby ordains as follows:
Section 1: Notwithstanding any provisions of the West Covina Municipal
Code to the contrary,
A. The current standards in place do not effectively serve the
betterment of the community.
B. The establishment of reverse vending machines under the current
provisions result in impacts on users of the shopping centers by
obscuring the building architecture, obstructing walkways, creating
unclean conditions and clutter.
C. The adoption of the interim urgency measure as contained in Exhibit
"A", is intended to alleviate the concerns over the ineffectiveness of
the existing development standards and thereby temporarily
enhance the standards for the establishment of reverse vending
machines in the City while permanent standards are developed.
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ORDINANCE NO. 1967
Page 2
April 2, 1996
Section 2: This Ordinance is adopted extending Ordinance No. 1966 to
February 17, 1997, pursuant to Section 65858 (a) of the Government Code.
Section 3: Severability. Should any section, subsection, clause, or
provision of this urgency ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this urgency
ordinance; it being hereby expressly declared that this urgency ordinance,
and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
Section 4: Immediately Effective. This ordinance is for the
immediate protection of public health and safety by preventing any further
establishment of reverse vending machines that may impact the public by
obscuring the building architecture, obstructing walkways, creating unclean
conditions and clutter during the adoption of a permanent zoning ordinance
and, as such, shall be effective immediately.
PASSED, APPROVED AND ADOPTED this end day of April, 1996.
ATTEST:
'- ' City Clerk
Mayor St v Herrert
I hereby certify that the foregoing Ordinance was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the end
day of Apr i,11996, by the following vote:
AYES: Manners, McFadden, Touhey, Wong, Herfert
NOES: I None
ABSENT: None
City Clerk Janet Berry, ,-,
APPROVED AS TO FORM:
'�iraa-(xL F - W-') VX 0Ij
City Attorney
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ORDINANCE NO.
Page 3
April 2, 1996
Exhibit A
Proposed Interim Urgency/ Ordinance 26-685 3 b
New Provisions
1. Provide and maintain a minimum illumination level of two foot candles within
a minimum 25 foot radius around the reverse vending machines from dusk
to dawn.
2. Provide an 8-foot wide* unobstructed clear walkway area in front of the
reverse vending machines Consideration may be given to alternative
solutions such as recessing the machines into the building frontage of the
adjacent lease space
3. The placement of the reverse vending machines shall not obstruct any
portion of a storefront windows or doors and shall be placed immediately in
front of, or inset into, the facade of the building_
4. Where practicable, the reverse vending machines shall be placed in a
location away from the most heavily traveled pedestrian areas within the
vicinity of the store being served and in compliance with other provisions of
the Municipal Code
Existing Development Standards (with revisions)
5.4- The machines shall be located within thirty (30) feet of the entrance to the
commercial structure, and shall not obstruct pedestrian, handicapped or
vehicular circulation. If a more suitable location presents itself as a result of
the layout and/or architecture of the development the Planning Director
may approve a variation to the location
6.� The machines shall not occupy parking spaces required by the primary use.
7.3`: The machines shall occupy no more than fifty (50) square feet of floor
space per installation, including any protective enclosure, and shall not be
more than eight (8) feet in height.
8.4: The machineW shall be constructed and maintained with durable
waterproof material.
9.5 Reverse vending machines shall be clearly marked 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 if the machine is
inoperative.
10.6- The machines shall be maintained in- a clean, vermin free, and litter free
condition on a daily basis. This shall include the cleaning of the machines
and the surrounding walkways to reduce the discoloration stickiness and
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ORDINANCE NO.
Page 4
April 2, 1996
likelihood for attracting vermin A cleaning schedule shall be submitted for
approval with the Planning Director's Modification Said cleaning schedule
shall identify the tasks to be undertaken and frequency of tasks
11.7: :Operating hours shall be at least the operating hours of the host use.
if operating hours are between du6k and daWR.
12.9. A twelve -inch by twelve -inch sign which states the redemption value offered
shall be posted.
12AG. Reverse vending machines do not require additional parking spaces for
recycling customers.
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