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Ordinance - 2014a It ORDINANCE NO.2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING . CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO STANDARDS FOR THE ESTABLISHMENT OF REVERSE VENDING MACHINES (AMENDMENT NO. 269). WHEREAS, on February 20, 1996, the City Council of West Covina adopted Urgency Ordinance No. 1967, which established more stringent standards for reviewing and approving reverse vending machine facilities; and WHEREAS, pursuant to Section 65858(a), the City Council twice extended this Urgency Ordinance, with the final expiration date being February 17, 1998; and WHEREAS, without incorporation of the Urgency Ordinance standards, current Zoning Code standards are inadequate to ensure that reverse vending machine facilities are properly designed and maintained so as to avoid adverse sanitary and aesthetic impacts on the City's commercial areas; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 27°i day of January, 1998, conduct a duly advertised public hearing as prescribed by law, and adopted Planning Commission Resolution No. 2-98-4497 recommending that the City Council adopt Code Amendment No. 269, amending certain sections of Chapter 26 (Zoning) of the West Covina Municipal Code relating to standards for the establishment of reverse vending machines; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 3`d day of March, 1998; and WHEREAS, studies and investigations made by the Council and in its behalf reveal that: 1. The General Plan of the City of West Covina maintains as one of its goals to "arrange land uses with regard to the health, safety, convenience and welfare of the residents of the City"; and 2. The maintenance of reverse vending machines has been regulated by the Zoning Code since 1987; and 3. Modifying the present WCMC standards will better enable the City to maintain clean; safe, and convenient reverse vending sites for the use of the residents of the City. NOW THEREFORE, the City Council of the City of West Covina hereby ordains as follows: SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 269 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: The City Council of the City of West Covina hereby amends Section 26- 685.3(b) of the West Covina Municipal Code as follows: Section 26-685.93 (b) 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 window or door and shall be placed immediately in front of, or inset into, the facade of the building. Z:\MEMOLTR\james\ReverseVend\ReverseVend-CCreso.doc I • Ordinance No. 2014 Reverse Vending Machines March 17, 1998 - Page 2 4. Where practicable, the reverse vending machines shall be placed in location away from the most'heavily traveled pedestrian areas within the vicinity of the store being served and in compliance with the other provisions of the WCMC. 5. The machines shall be located within thirty (30) feet of a primary 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(s). 7. 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 machines shall be constructed and maintained with durable waterproof material. 9. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operation 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 likelihood for attracting vermin. A cleaning schedule shall be submitted for approval via a Planning Director's Modification to the approved Precise Plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the frequency of those tasks. 11. Operating hours shall be at least the operating hours of the primary host use. 12. A twelve -inch by twelve -inch sign which states the redemption value offered shall be posted prominently on or adjacent to the machines. 13. Reverse vending machines do not require additional parkingrspaces for recycling customers. PASSED AND APPROVED this 21 st day of April, 1998. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS CITY OF WEST COVINA ) I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2014 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of April 1998. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on April 21, 1998. AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None. ABSENT: None. APPROVED AS TO FORM: W41 WE forney City Clerk Z:\MEMOLTR\james\ReverseVend\ReverseVend-CCreso.doc