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Home My WebLink About06 ORDINANCE 1442liST1 R• 2 TO: Fd.; AGENDA REPORT APRIL 1, 2014 JEFFREY C. PARKER, CITY MANAGER Agenda Item 6 Reviewed: City Manager Finance Director N DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: ORDINANCE NO. 1442, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY SUMMARY Ordinance No. 1442 amends Article 4, Chapter 3, Part 5 of the Tustin City Code (TCC) to be consistent with the California Green Building Standards Code requirements pertaining to Construction and Demolition (C &D) recycling. RECOMMENDATION That the City Council introduce and have the first reading by title only of Ordinance No. 1442 and set the second reading at the Council's next scheduled meeting. FISCAL IMPACT There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN Ordinance No. 1442 contributes to the fulfillment of the City's Strategic Plan Goal E, Organizational Excellence and Customer Service, specifically addressing Strategy 1c, by providing accurate and useful information to the community. BACKGROUND The California Green Building Standards Code, otherwise known as CALGreen, became effective January 1, 2011. There have been revisions each year since its inception, with the most recent changes becoming effective January 1, 2014. Section 4351 of the TCC specifies which construction projects are required to adhere to certain recycling requirements. This section is no longer consistent with the requirements of CALGreen and needs to be updated. Staff anticipates ongoing modifications to the recycling requirements in CALGreen, and is proposing new language be added to the TCC that will incorporate the requirements of CALGreen by reference, thus eliminating the need to amend the TCC each time CALGreen Ordinance No. 1442 — Construction and Demolition Recycling April 1, 2014 Page 2 requirements change. Ordinance No. 1442 makes three revisions to the TCC. First, it removes project specific criteria previously used to determine which projects within the city are required to divert C &D waste from local landfills and instead refers to any project subject to the requirements of CALGreen. Second, all City specific exemptions have been removed and new language has been added to reference the exemptions listed in CALGreen. Lastly, staff is recommending the language regarding security deposits be revised to ensure that deposits are being collected in a fair and equitable manner. The proposed language provides staff and the community with an exact method of calculating the required security deposit. Staff will monitor changes to CALGreen in an effort to provide residents, developers, and contractors with the most up -to -date information regarding C &D recycling requirements set by the State. The City Attorney has reviewed and approved Ordinance No. 1442. Stack, P.E. Public Works /City Engineer Attachment 1: Redlined Changes to TCC Section 4351 Attachment 2: Ordinance No. 1442 SACity Council Items\2014 Council Items \04 -01- 2014 \0rdinance No. 1442 - C &D Recycling\Agenda Report - C &D Requirements.docx ATTACHMENT 1 Redlined Changes to Tustin City Code Section 4351 4351 WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY a. Waste disposal and diversion reporting requirement. 1. Covered projects. All construction, demolition, and renovation projects subject to the requirements of the California Green Building Standards Code the tnta: GeStS ef whiGh are, OF are PFGj . eGted te be, fi#y thousand dollars ($50,000.00) 9 greater, as determ ned by the Publir, Werks; DirP-GtC)F, shall be required tG divert a east fi#y (50) e ge ^t eF shall be required to meet the minimum diversion requirements of the California Green Building Standards Code for all project - related C &D debris. Dement en nre eats as determined by the Public; Works Diregter shall be required .d to , ert of least fifty (50) n ent eF all n egt related G&D debris All project contractors shall, upon project completion, provide to the Public Works Director all project related C &D debris collection, disposal and diversion information in the form prescribed by the Public Works Director. 2. [Exemptions.] All exemptions as provided in the California Green Building Standards Code shall be granted. requirements eF this Segt'n b. Compliance as a condition of approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits. c. Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C &D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a Resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and /or the WRRP, or reviewing an application for exemption. d. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance., deteffRiRed by the Building OffiGi _The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, or money order. In addition, the Public Works Director may accept a certificate of deposit or letter of credit in the form approved by the City Attorney. 1. Single Family Residential. All single family residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $1.500 whichever is greater. 2. Multi - family /Commercial. All multi - family and commercial proiects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $5,000, whichever is greater. 3. Maximum Deposit. In no event shall a deposit exceed $25,000. ATTACHMENT 2 Ordinance No. 1442 ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY The City Council of the City of Tustin, California, hereby ordains as follows: SECTION I Section 4351 of Article 4, Chapter 3, Part 5 of the Tustin City Code is amended in its entirety to read as follows: a. Waste disposal and diversion reporting requirement. 1. Covered projects. All construction, demolition, and renovation projects subject to the requirements of the California Green Building Standards Code shall be required to meet the minimum diversion requirements of the California Green Building Standards Code for all project - related C &D debris. All project contractors shall, upon project completion, provide to the Public Works Director all project related C &D debris collection, disposal and diversion information in the form prescribed by the Public Works Director. 2. [Exemptions.] All exemptions as provided in the California Green Building Standards Code shall be granted. b. Compliance as a condition of approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits. c. Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C &D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a Resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and /or the WRRP, or reviewing an application for exemption. d. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, or money order. In addition, the Public Works Director may accept a certificate of deposit or letter of credit in the form approved by the City Attorney. 1. Single Family Residential. All single family residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $1,500, whichever is greater. 2. Multi- family /Commercial. All multi - family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $5,000, whichever is greater. 3. Maximum Deposit. In no event shall a deposit exceed $25,000. SECTION 2. This Ordinance shall become effective on the 31st day after approval. SECTION 3. If any Section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subsections, subdivision, sentences, clauses, or phrases be declared unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 15th day of April, 2014. ELWYN A. MURRAY, Mayor JEFFREY C. PARKER, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1442 JEFFREY C. PARKER, 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 five; that the above and foregoing Ordinance No. 1442 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 15t day of April, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 15th day of April, 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFERY C. PARKER, City Clerk