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RESOLUTION NO. 3155
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
APPROVAL OF CODE AMENDMENT 93-001, A PROPOSED
ORDINANCE ESTABLISHING CITYWIDE REGULATIONS
FOR COLLECTION AND LOADING AREAS FOR RECYCLABLE
MATERIALS
The Planning Commission of the City of Tustin DOES HEREBY
RESOLVE as follows:
WHEREAS, the California Solid Waste Reuse and Recycling
Access Act required the California Integrated Waste Management
Board to prepare a "Model Ordinance" for regulating the
collection and loading area for recyclable materials for new
development projects; and
WHEREAS, cities may adopt the "model ordinance" or may
adopt their own ordinance by September 1, 1993; and
WHEREAS, should the City not adopt an ordinance, the City
will relinquish authority to the State regarding regulations
for areas for collection and loading of recyclable materials
within Tustin; and
WHEREAS, the City of Tustin has prepared an ordinance to
reflect the fact that the City currently utilizes a system of
commingled solid waste pickup where recyclables are collected
and transported to a Materials Recovery Facility. The
ordinance exempts the City of Tustin from requiring collection
and loading recycling areas for new development projects; and
WHEREAS, the City of Tustin supports recycling, new
integrated waste management programs and diversion of solid
wastes from landfills; and
WHEREAS, for the purpose of receiving public testimony
from Tustin residents and others, a public hearing regarding
collection and loading areas for recyclable materials was duly
called, noticed, and held by the Planning Commission on July
26, 1993.
NOW, THEREFORE BE IT RESOLVED that the Planning
Commission hereby recommends to the City Council approval of
Code Amendment 93-001, as shown in Exhibit A attached hereto
and incorporated herein by reference.
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Resolution No. 3].55
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
Chairpek~on
KATHLEEN CLANCY
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3155 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
KATHLEEN CLANCY
Recording Secretar~
EXHIBIT A
ORDINANCE NO.
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.
Be
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.
Ce
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.
De
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.
Page 2
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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.
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.
The California Integrated Waste Management
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.
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.
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.
Ordinance No.
Page 3
S.
In accordance with the provisions of the
California Environmental Quality Act ("CEQA"),
a Negative Declaration has been prepared and
certified for this 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:
ae
Subsection 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 Subsection, the
following words shall have the following
meanings:
"Development Project" means any of the
following:
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A project for which a building permit is
required for a new commercial, industrial
or institutional building, or residential
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.
Ordinance No.
Page 4
c
e
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.
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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.
Applicability
Ail 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.
Page 5
d
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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.
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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.
Guidelines
The following guidelines shall be used in
evaluating all recycling areas required by
this subsection:
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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.
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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.
Ordinance No.
Page 6
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Recycling areas shall be enclosed by
masonry wall with access gates which
effectively obscures the contents placed
within the enclosure.
Recycling areas shall be secured to
prevent the theft of recyclable materials
by unauthorized persons, while allowing
authorized persons access for disposal of
materials.
Recycling areas or the bins or containers
placed therein shall provide protection
against adverse environmental conditions
which might render the collected
materials unmarketable.
Driveways or travel aisles shall be
unobstructed and provide access for the
City's franchised solid waste hauler's
collection vehicles and shall provide
minimum clearance for vehicles utilized
by the City's franchised solid waste
hauler.
The design and construction of recycling
areas shall meet all applicable zoning
setback and yard requirements and shall
not be located in any area required to be
constructed or maintained unencumbered,
according to any applicable federal,
state, or local laws relating to fire,
access, building, transportation,
circulation, or safety.
Any recycling area(s) shall be located to
be convenient to persons who deposit,
collect, and load the recyclable
materials. Whenever feasible, areas for
collecting and loading recyclable
materials should be adjacent to, or
developed in conjunction with, the solid
waste collection areas.
Ordinance No.
Page 7
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A sign clearly identifying all recycling
and solid waste collection and loading
areas and the materials accepted therein
should be posted adjacent to all points
of direct access to the recycling area.
10. Ail areas for loading and collecting
recyclable materials are subject to
design review by the Community
Development Department.
III. Severability
Ail provisions of this Ordinance are severable and, if
for any reason any sentence, paragraph, or section of this
Ordinance shall be held invalid, such decision shall not
affect the validity of the remaining parts of the Ordinance.
ordinance No.
Page 8
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the 7th day of
September, 1993.
JIM POTTS
MAYOR
MARY E. WYNN
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO.
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 and adopted at a regular meeting
of the City Council held on the 7th day of September, 1993, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk