HomeMy WebLinkAboutORD 1111 (1993) ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ESTABLISHING' REGULATIONS AND GUIDELINES
RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE
MATERIALS IN DEVELOPMENT PROJECTS.
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
A. State Assembly Bill 939 (California Integrated
Waste Management Act of 1989) requires cities
and counties tO divert 25 percent of all solid
waste by January 1, 1995 and 50 percent by
January 1, 2000, through source reduction,
recycling, and composting activities.
B. The California State Legislature has declared
that the amount of solid waste generated in
the state coupled with diminishing landfill
space and potential adverse environmental
impacts from landfilling constitutes an urgent
need for state and local agencies to enact and
implement aggressive new integrated waste
management programs.
C. The California State Legislature mandated that
cities submit to their respective counties,
on or before July 1, 1991, a Source Reduction
and Recycling Element (SRRE) to include a
program for the management of solid waste
generated within the City pursuant to Assembly
Bill 939.
D. On December 2, 1991, the City Council adopted
the City of Tustin's Source Reduction and
Recycling Element (SRRE). As part of the City
of Tustin's solid waste agreement, all waste
generated within the City is delivered to a
mixed waste processing facility for the
recovery of recyclable materials. The
franchisee is required to ensure that the
diversion goals of Assembly Bill 939 are met
through this type of processing when combined
with other diversion programs.
Ordinance No. 1111
Page 2
E. In an effort to assist local jurisdictions in
promoting recycling and meeting the goals of
Assembly Bill 939, the California State
Legislature adopted Public Resources Code
Section 42910 (a) which established that the
California Integrated Waste Management Board
adopt a model ordinance for adoption by any
local agency relating to adequate areas for
collecting and loading recyclable materials in
development projects.
F. Public Resources Code Section 42911 (b) states
that if by September 1, 1993, a local agency
has not adopted an ordinance for collecting
and loading recyclable materials in
development projects, the model ordinance
adopted by the California Integrated Waste
Management Board shall take effect on that
date.
G. The California Integrated Waste M~nagement
Board has provided that local agencies which
use a system of commingled solid waste and
recycling can adopt their own ordinance and
insert a provision which would eliminate the
requirements for setting aside a recycling
area for development projects.
H. The City of Tustin has prepared an ordinance
to reflect the fact that the City currently
utilizes a system in which commingled solid
waste and recyclables are collected and
transported to a material recovery facility.
The City Attorney determined and recommended
that an exemption provision be included in the
City's ordinance which eliminates the
requirement that areas for collecting and
loading recyclable materials be developed at
locations citywide.
Ordinance No. 1111
Page 3
I. Although the City does not intend to mandate
source-separated recycling or the'development
of areas for collecting and loading recyclable
materials at this time, they may choose to do
so if it is necessary to increase recycling
participation rates.
J. In accordance with the provisions of the
California Environmental Quality Act ("CEQA"),
a Negative Declaration has been prepared and
certified for t~is project.
II. The City Council hereby approves Zoning Code Amendment
93-001, establishing regulations and guidelines relating
to areas for collecting and loading recyclable materials
as follows:
A. Section 9275 of Chapter 2, Article 9 is hereby
added to the Tustin City Code to read as follows:
"9275 REGULATION OF AREAS FOR COLLECTING AND
LOADING RECYCLABLE MATERIALS
a. Purpose
The purpose of this subsection is to establish
a comprehensive set 'of regulations and
guidelines regarding areas for collecting and
loading recyclable materials in the event that
the City of Tustin discontinues the collection
of commingled solid waste and recyclable
materials for transportation to a mixed-waste
processing or material recovery facility.
b. Definitions
For the purposes of this Section, the
following words shall have the following
meanings:
"Development Project" means any of the
following:
1. A project for which a building permit is
required for a new commercial, industrial
or institutional building, or residential
Ordinance No. 1111
Page 4
building having five or more living units
where solid waste is collected and
loaded, or any residential project where
solid waste is collected and loaded in a
location serving five or more living
units.
2. Any new public facility where solid waste
is collected and loaded and any
improvements to that part of a public
facility used for collecting and loading
solid waste.
3. Any alteration or alterations to an
existing commercial, industrial, or
public facility project where the
existing floor area of the subject
building is expanded by fifty (50)
percent or more.
"Improvement" means a physical change which
adds to the value of a facility, prolongs its
useful life, or adapts it to new uses,
excluding 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.
"Public Facility" means any building,
structure, or outdoor recreation area owned by
a local agency.
"Recycling Area (Areas for Recycling)" means
any space allocated for collecting and loading
of recyclable materials.
c. Applicability
1. All areas of the City of Tustin served by
the collection of commingled solid waste
and recyclable materials for
transportation to a mixed-waste
processing or material recovery facility
are exempt from the provisions contained
herein.
Ordinance No. 1111
Page 5
2. In the event that the aforementioned
exemption does not apply, all development
projects for which a building permit is
issued on or after September 1, 1993,
shall be required to provide adequate,
accessible, and convenient recycling
areas for collecting and loading
recyclable materials.
3. Where solid waste is collected and loaded
in a location serving five or more
residential living units, recycling areas
are only required to serve the needs of
the living units which utilize the solid
waste collection and loading area.
d. Guidelines
The following guidelines shall be used in
evaluating all recycling areas required by
this subsection:
1. An adequate number and capacity of bins
or containers to allow for the collection
and loading of recyclable materials
generated by the development shall be
located' within the recycling areas of
development projects. Dimensions of the
recycling area shall accommodate
containers consistent with current
methods of collection in the area in
which the project is to be located.
2. The design and construction of recycling
areas shall be compatible with
surrounding land uses, structures,
topography and vegetation. Developments
and public right of way adjacent to
recycling areas should be adequately
protected against any adverse impacts
such as noise, odor, vectors, or glare
through measures including, but not
limited to maintaining adequate
separation, fencing, and landscaping.
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2 Ordinance No. 1111
Page 6
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3. Recycling areas shall be enclosed by
6 masonry wall with access gates which
effectively obscures the contents placed
7 within the enclosure.
8 4. Recycling areas shall be secured to
prevent the theft of recyclable materials
9 by unauthorized persons, while allowing
authorized persons access for disposal of
]0 materials.
~] 5. Recycling areas or the bins or containers
placed therein shall provide protection
]2 against adverse environmental conditions
which might render the collected
~3 materials unmarketable.
14 6. Driveways or travel aisles shall be
unobstructed and provide access for the
~5 City's franchised solid waste hauler's
collection vehicles and shall provide
~6 minimum clearance for vehicles utilized
by the City's franchised sol~d waste
~7 hauler.
]8 7. The design and construction of recycling
areas shall meet all applicable zoning
~9 setback and yard requirements and shall
not be located in any area required to be
20 constructed or maintained unencumbered,
according to any applicable federal,
2] state, or local laws relating to fire,
access, building, transportation,
22 circulation, or safety.
23 8. Any recycling area(s) shall be located to
be convenient to persons who deposit,
24 collect, and load the recyclable
materials. Whenever feasible, areas for
25 collecting and loading recyclable
materials should be adjacent to, or
26 developed in conjunction with, the solid
waste collection areas.
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Ordinance No. 1111
Page 7
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9. A sign clearly identifying all recycling
6 and solid waste collection and loading
areas and the materials accepted therein
7 should be posted adjacent to all points
of direct access to the recycling area.
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10. All areas for loading and collecting
9 recyclable materials are subject to
design review by the Community
~0 Development Department."
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III. Severability
All provisions of this Ordinance are severable and, if
~3 for any reason any sentence, paragraph, or section of this
Ordinance shall be held invalid, such aecision shall not
14 affect the validity of the remaining parts of the Ordinance.
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Ordinance No. 1111
Page 8
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the 7th day of September
1993.
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30 ~yMJTTS '
]4 CITY CLERK
35 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
38 CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1111
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Ordinance No. 1111 was duly and regularly introduced at a
regular meeting of the City Council held on the 16th day of
August, 1993, and was passed an~ adopted at a regular meeting
of the City Council held on the 7th day of September, 1993, by
the following vote:
23 COUNCILMEMBER AYES: Ports, Saltarelli, Pont ious, Puckett, Thomas
COUNCILMEMBER NOES: None
24 COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
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