HomeMy WebLinkAboutPH 1 ZONING ORD AMEND 08-16-93AGEND
PUBLIC HEARING NO. 1
8-16-93
DATE:
AUGUST 16, 1993
TO' WILLIAM A. HUSTON, CITY MANAGER
FRO~'~". COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONING ORDINANCE AMENDMENT 93-01 (CITY OF TUSTIN)
.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Certify the Negative Declaration as adequate for the project
by adopting Resolution No. '93-88; and
2. Have first reading by title only and introduction of Ordinance
No. 1111 approving Zoning Ordinance Amendment 93-01.
FISCAL IMPACT
At this time, there are no fiscal impacts to the city associated
with this project. In the event the City were to implement at any
time in the future a source -separation recycling program, the
provisions of the Amendment would come into effect, and recycling
areas would be required at all new public facilities.
BACKGROUND AND DISCUSSION
Through Assembly Bill 1327, the California Solid Waste Reuse and
Recycling Access (Ack), the State has identified a concern
regarding the lack of adequate areas for collecting and loading
recy¢lable materials which they believe results in a significant
impediment to the diversion of solid waste and recyclable materials
from landfills i~ the state. The Act was passed to meet what was
determined to be an urgent need for State and local agencies to
address access to solid waste for source reduction, recycling, and
composting activities.
The Act specifically requires each local agency in California to
adopt an ordinance by September 1, 1994 to ensure that adequate
areas are available for collecting and loading recyclable materials
in development projects (Attachment A). On June 30, 1993, the
Governor signed Senate Bill 452, a mandate relief bill that
contains a number of repeals and modifications of state-mandated
programs. As part of Senate Bill 452 the compliance date for
adoption of a local ordinance has been extended from September 1,
1993 to September 1, 1994.
City Council Report
Zoning Ordinance Amendment 93-01
August 16, 1993
Page 2
Pursuant to the guidelines contained in the Act and Senate Bill
452, the City has the following options:
I ·
·
·
·
Develop and adopt an ordinance of its own by September 1,
1994;
Modify the California Integrated Waste Management Board's
(Board) model ordinance and adopt it as amended;
Adopt the Board's model ordinance without amending it,
or;
Take no action to adopt an ordinance which would result
in the model ordinance developed by the Board taking
effect on September 1, 1994 with the same force and
effect as an ordinance adopted by the City.
As the City Council may be aware, the City of Tustin has a unique
recycling program, whereby all refuse in the City is collected and
transported to a Material Recovery Facility (MRF) where recyclable
materials are then'separated.from refuse that is to be landfilled.~
Given the characteristics of our recycling program and with the
advice of the City Attorney's office, staff is recommending that
the City modify the Board's model ordinance to meet the needs of
our community and still fulfill the requirements of the law.
On July 26, 1993, the Planning commission adopted Resolution No.
3155, recommending to the City Council approval of the proposed
Zoning Ordinance Amendment through adoption of Ordinance No. 1111.
Since Tustin's recycling program does not require source-separation
at the site of a residence, Section II A(c) of Ordinance No. 1111
includes an exemption for all areas of the City served by the
collection of commingled solid waste and recyclable materials for
transportation to a mixed-waste processing facility or material
recovery facility. Should Tustin modify or change the existing
recycling program, the exemption would not apply and all
development projects for which a building permit is issued on or
after September 1, 1993 would be required to provide adequate,
accessible, and convenient areas for collection and loading of
recyclable materials.
The proposed ordinance defines a development project as follows:
·
A project fo~ which a building permit is required for a
new commercial, industrial or institutional building, or
residential building having five or more living units
City Council Report
Zoning Ordinance Amendment 93-01
August 16, 1993
Page 3
where solid waste is collected and loaded in a location
serving five or more living units.
·
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.
·
Any alternation 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.
Provisions of the proposed ordinance would require all areas for
loading and collecting recyclable materials to be subject to design
review by the Community Development Department, to insure that all
provisions of the ordinance have been met.
PUBLIC NOTICING
A public hearing nOtice identifying the time, date and location of
the public hearing for the subject ordinance was published August
5, 1993 in the Tustin News. Notice of the hearing was posted at
the Community Development Department public counter and the Police
Department.
CONCLUSION
Provisions of Assembly Bill 1327 (the Act), and the proposed city
implementation ordinance to implement the Act will have no
significant impact on development in the City of Tustin at this
time because of the City's existing MRF recycling program. Should
the City ever modify its program to require source separation of
recyclable materials, development projects would then need to
comply with the code amendments proposed.
City Council Report
Zoning Ordinance Amendment 93-01
August 16, 1993
Page 4
It is therefore recommended that the City Council approve Zoning
Ordinance~Amendment 93-01 and have first reading by title only and
introduction of Ordinance No. 1111.
Scott Reekstin
Assistant Planner
Christine Shingl~on
Assistant City Manager
KP: CS: ccg: kbc: br: zca9301, rw
Attachments:
Negative Declaration/Initial Study
Attachment A - Solid Waste Reuse and Recycling Act
Attachment B - Planning Commission Resolutions
Resolution No. 93-88
Ordinance No. 1111
NFGATIVE
_
CITY OF TUSTIN
300 CENTENNIAL
DECLARATION
WAY, TUSTIN, CA. 92680
Project Title: SOLID WASTE REUSE AND RECYCLING File No.
ACCESS ORDINANCE
Project Location' NOT SITE' SPECIFIC
Project Description:- AN ORDINANCE ESTABLISHING A COMPREHENSI-VE SET OF
GUIDL~INES REGARDING THE DESIGN, LOCATION, AND NUMBER OF RECYCLING AREAS
REQUIRED FOR VARIOUS DEVELOPMENT PROJECTS.
Project Proponent:
Contact Person: SCOTT REEKSTIN Telephone' (714)544-8890Ext- 255
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tustin's procedures regarding
implementation of the California Envir'onmental Quality Act, and on the basis of
that study hereby find: -
That there, is no substantial' evidence that the project may have a
significant effect on the environment.
That potential significant affects were identified, but revisions have
been included in the project plans and agreed to by the applicant that
would avoid or mitigate the affects to a point where clearly no
significant effects would occur. Said revisions are attached to and
hereby made a .part of this Negative Declaration.
Therefore, the preparation of an Environmental Impact Report is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin.- The public
is invited to comment on the appropriateness of this Negative Declaration
during the review period, which begins with the public notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community Development Director, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4-30 p.m. on JULY 26 , 1993
DATED: 2" Z~-~
~On~nunitY D~elopment DirectoF
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
Ie
II.
Background
1. Name of Proponent' '~l~'~ 0~' .'7'~$~L
2. Address and Phone Number of Proponent
671f') 5t/.g-- Foo~t9 , e,'~6. Z_~D
3. Date of Checklist Submitted ~--/-- ~
5. Name of Proposal, if applicable
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.) -.~
,
i Yes Maybe No
1. Earth. Will the proposal result in:
a. Unstable ear%h, conditiohs or in X
changes in geologic substr~.ctures?'
be
Disruptions, displacements, compaction
or overcovering of the soil?
c. Change in topography or ground surface
relief features?
d.
The destruction, covering or
modification of any unique geologic
or physical features?
e~
Any increase in wind or water erosion
of soils, either on or off the site?
fe
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of.a river or stream or the
bed of the ocea~ or any ban, inlet or
lake?
- .
Ye___~s Maybe No
o
o
ge
Air.
Se
be
Ce
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
Will the proposal result in:'
.
Substantial.air emission or
deterioration of ambient air quality?
The creation of objectionable odors?
Alteration of air movement, moisture,
or temperatures,'or' any change in
climate, either locally or regionally~- ___
water. Will the proposal result in:
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
bo
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
Alterations to the-course or flow
of flood waters?
Change in the amount of surface
water in any water body?
fe
Discharge into surface waters,
or in any alteration of surface water
'quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
Alteration of the direction or rate
of flow of ground waters?
he
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
Substantial reduction in the amount of
water otherwise available for public
water supplies?
Yes N~ybe N__o
e
Se
·
e
ie
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life~ Will.the proposal result in:
ae
be
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs,'grass, crops, and aquatic
plants)?
Reduction of the numbers of any unique,
rare or endangered species of plants?
Ce
Introduction of new species of plants
into an area, or in a barrier to the'
normal replenishment of existing
species?
de
Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposal result in:
ae
Change in the diversity of species, or
numbers o~ any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
o
be
Reduction of the numbers-of any unique,
rare or endangered species of animals?
Ce
Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in':
a. Increases in existing noise levels?
b~
Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
Yes Maybe No
~
~
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural ResourCes. 'Will the proposal
result in:
·
·
a. Increase ~n-the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
10. Risk of Upset.
aa
wi1! the'proposal involve:
. .
.
A risk of an explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions? . '
b.
Possible interference with an
emergency response plan or an
emergency evacuation plan?
11.
Population. 'Will the proposal alter
the location, distribution, density, or
growth rate of the h%!man population of
an area?
12.
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
13. Transportation/Circulation. Will the
proposal result'in: .
ae
Generation of substantial additional
vehicular movement?
b.
Effects on. existing parking facilities,
or demand for new parking?
Ce
Substantial impact upon existing
transportation systems?
de
Alterations to present patterns of
circulation or movement of'people
and/or goods?
_
Yes Maybe N_9o
14.
15.
ee
fe
Alterations to waterborne, rail or
air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
an effect upon, or result in a need for new
or altered governmental services in any of
the following areas:
ae
be
ce
d.
eo
Fire protection?
Police protection?
Schools?
fe
Parks or other recreational facilitieS?
Maintenance of public facilities,
including roads?
Other governmental services?
Energy. Will the proposal result in:
ae
be
Use of substantial-amounts of fuel or
energy?
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of,
energy?
16. utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
Se
be
ce
de
e.
fe
Power or natural gas?
Communications systems?
Water?
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
Yes Maybe No
17. Human Health. Will the proposal.
result in:
18.
ao
Creation 'of' any. health hazard or
potential health hazard (excluding
mental health) ?
·
.
be
Exposure bf'people to potential
health hazards?
Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the city?
19. Aesthetics. Will the proposal result in
the obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
. offensive site open to public view?
20.
Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
21. Cultural Resources
a.
Will th~ proposal result in the
alteration of or the destruction of
-a prehistoric or historic archaeological
site? '
bo
Ce
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure,, or object?
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
de
Will the proposal restrict existing
religious or sacred uses within the
potential impact.area? -_
Yes Maybe No
22. Mandatory Findings of Significance.
ae
Does the project have the potential to
degrade.the quality of the environment
substantially reduce the habitat of a
fish or wildlife species, cause a fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number or restrict the ~ange of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
bo
Does the project have the potential to- ,
achieve short~term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one'
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
Co
Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more'separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
.impacts on the environment is significant.)
do
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. Discussion of Environmental Evaluation
IV. Determination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the pr.pos_ed project COULD NOT have a
significant effect on t~e enviFonment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have
a significant effect on the environment,'there will
not be a significant effect in this case because the
mitigation measure described on an attached sheet have
been'added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED
I find the proposed project MAY. have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
7-/-
Date
Signature
Discussion of Environmental Evaluation
Solid Waste Reuse and Recycling Access Ordinance
July 1, 1993'
Project Description
The California SolidWaste Reuse and Recycling Access Act (Act) was
passed to meet the urgent need for state and local agencies to
address access to sOlid waste for source reduction, recycling, and
composting activities. The Act requires each local agency in
California to adopt an ordinance relating to adequate areas for
collecting and loading recyclable materials in development
projects, or adopt the model ordinance developed by the California
Integrated Waste Management Board. If the city fails to act within
the time prescribed the State's model ordinance will take effect
and have the same force and effect as an ordinance adopted by the
local agency. All areas of the City of Tustin are served by the
collection of comingled solid waste and'recycling materials for
transportation to a materials recovery facility and are exempt from
the provisions of this Ordinance.
A goal of the Ordinance is to increase the collection and loading
of "commonly" recyclable materials (e.g., cardboard, plastics,
newspapers, etc.) from certain multi-unit residential, commercial,
and industrial development projects. The Ordinance establishes a
comprehensive set of regulations regarding the design, location,
and number of recycling areas required for various development
projects.
®
Earth - A through G "No" - This project does not propose
specific developments. Any potential "earth" disrupting
activities, such as grading the ground surface, would be
regulated by the Tustin City code. Any potential impacts must
be considered during the environmental review process for each
individual development project (source: Community Development
Department).
Mitigation/Monitoring: None Required·
·
Air - A through G "No" - The development of recycling
collection areas will potentially result in accumulation of
wastes such as compostable organic waste and unrinsed food and
other containers which could result in the emission of
objectionable odors. These odors would be minimized through
frequent pickups by the hauler and through public education
efforts such as distributing information on rinsing
containers. Any potential impacts would be considered during
the environmental review process for each individual
development project (source: Community Development
Department).
Mitigation/Monitoring: None Required.
e
Water - A through I - "No" - Any impacts on'water will be
site specific. Any potential increase in paved area would be
insignificant and therefore increased runoff- is highly
unlikely. The impacts must be considered during the
Discussion of Environmental Evaluation
Solid Waste Reuse and Recycling Access Ordinance
July 1, 1993
Page 2
·
·
e
o
e
~
environment'al review process for each individual development
project (source: Community Development Department).
Mitigation/Monitoring: None Required.
Plant.Life - A through D - "No" - The potential impacts on
plants will depend on the location of a proposed development
project, and would be considered during the environmental
review process for each proposed development (source:
Community Development Department).
.
Mitigation/Monitoring: None Required.
bnimal Life - A through D - "No" - The potential impacts on
animals will depend on the location of a proposed development
project. Therefore, the potential for significant disruption
of animal life should be considered during the environmental
review process for each proposed development project (source:
Community Development Department).
Mitigation/Monitoring: None Required.
Noise - A and B - "No" - Noise levels at a recycling
collection area are unlikely to increase significantly. The
impacts and potential mitigation must be considered during the
environmental review process for each individual development
project (source: Community Development Department).
Mitigation/Monitoring: None Required.
Light and Glare - "No" - Collection facilities may require
night security lighting to prevent health and safety hazards.
Any potential glare would be regulated by the Tustin City Code
(source: Community Development Department).
Mitigation/Monitoring: None Required.
Land Use - "No" - The recycling area of any specific
development project would not normally be much larger than the
area alread~ used for solid waste collection and loading.
SubsTantial alteration of land use is not expected. (source'
CommUnity Development Department).
Mitigation/Monitoring: None Required.
Natural Resources - A and B - "No" - Having adequate loading
and collection areas for recyclable materials in a development
project may help preserve natural resources, by increasing
reuse and recycling of materials (source' Community
Development Department).
Discussion of Environmental Evaluation
Solid Waste Reuse and Recycling Access Ordinance
July 1, 1993
Page 3
Mitigation/Monitoring: None Required.
10. Risk of Upset - "No" Recycling collection areas covered by
this project do not include hazardous or household hazardous
waste collection areas. (source: Community Development
Department).
Mitigation/Monitoring: None Required.
11. Population - "No" - The development of recycling areas in
development projects would have no impact of~the location,
growth, distribution or density of the population in the
surrounding area (source: Community Development Department).
Mitigation/Monitoring: ~one Required.
12. Housing - "No" - The development of recycling areas in
development projects would have no impact of the location,
growth, distribution or density of the population in the
surrounding area and would not affect housing or the demand
for housing (source: Community Development Department).
Mitigation/Monitoring: None Required.
13. Transportation/Circulation - A through F - "No" - Any
potential, impacts related to traffic would be site specific.
However, implementing the proposed project may actually reduce
the quantity of solid waste disposed. Therefore, the number
of vehicles required to transport solid waste to landfills may
be reduced. If source separated recycling is implemented,
additional recyclables collection trucks may be needed thereby
increasing traffic, but the additional vehicular movement is
not likely to be significant. Any potential impacts must be
considered during the environmental review process for each
development project (source: Community Development
Department).
Mitigation/Monitoring: None Required.
14. Public Services - A through F - "No" - Due to the nature of
recycling areas, it is not expected that their development
would create demands fo~ additional service on schools, parks,
maintenance of public facilities or other governmental
services (source: Community Development Department, Community
Services Department).
Mitigation/Monitoring: None Required.
Discussion of Environmental Evaluation
Solid Waste Reuse and Recycling Access Ordinance
July 1, 1993
Page 4
15. Enerq~ - A and B - "No" - The development of recycling areas
would not impact fuel or energy (source: Public Works
Department).
·
Mitigation/Monitoring: None Required.
16. Utilities - A throuqh F - "No" - The proposed project would
not require modification to existing utilities or the need for
additional utilities to serve the individual development
projects (source: Public Works Department).
Mitigation/Monitoring: None Required.
17. H,~man Health - A and B - "No" - An. increase in public health
hazards is not expected to be significant as the subject
materials are currently in the waste stream (source: Public
Works Department).
Mitigation/Monitoring: None Required.
18. Solid Waste - "No" - The development of recycling areas would
create no additional solid wastes which would require disposal
by the City. In fact, the level of solid waste would actually
decrease as recyclables are diverted out of the solid waste
stream (source: Public Works Department).
Mitigation/Monitoring: None required.
19. Aesthetics - "No" - Any potential aesthetic impacts would be
site specific and would be regulated through the Design Review
process (source: Community Development Department).
Mitigation/Monitoring: None required.
20. Recreation - "No" - This project is non-residential in nature
and will have no impact on quality of recreation opportunities
in the community (source: Community Services Department).
Mitigation/Monitoring: None Required.
-2/. Cu!~ural Resources - "No" - Potential impacts to cultural
resources will be site specific and would be regulated through
the Certificate of Appropriateness and Design Review processes
(source: Community Development Department).
Mitigation/Monitoring: None Required.
22. Mandatory Findings of Significance - As discussed above, a
Discussion of Environmental Evaluation
Solid Waste Reuse and Recycling Access ordinance
July 1, 1993
Page 5
goal of the proposed project is to reduce solid waste disposal
by increasing recycling rates at development projects.
Presently the City is served by a Materials Recovery Facility
(MRF) which provides recycling within a commingled waste
system. If this were not the case, implementation of a
recyclables loading and collection area could potentially be
of long term benefit because of potential reductions in
consumption of natural resources and a reduction in material
directed to landfills. Although potential impacts would be
specific to each individual development, it is not expected
that the proposed project would 1) degrade the environment in
any way, 2) achieve short term goals to the disadvantage of
long term environmental goals, 3) have considerable cumulative
impacts, or 4) have substantial adverse effects on human
beings. Rather, implementation of the proposed project will
ultimately result in a cleaner, healthier environment for the
Community.
SCR: br/recyc t e. env
ATTACHMEN I' A
Chapter 18 (,ommcncing with 3action 4z~0o) is added to Part 3 of Division 30 of tho Public
Resources Code, to read:
CI'{AFTER 18. CAUFORNIA ~OUD WASTE REUSE AND RECYCLING ACCE$~ ACT OF 1991
Article 1. Short Title' and Findings and D.eclaratlons
·
42900. Thl$ chapter shall be.known and may be'cited as the California Sotld Waste Reuse and
Recycling AccesS'Act'of.1991.
4Z901. The Leglslature:llnds and declares a= follows;
(a) Cities. and counties must divert 50 percent of all'eolld waste by January 1, 2000, through source
reduction, recycling, and compostlng activities.
[13} DIYertlng 50 percent of all solid waste requires the participation of the residential, commercial,
Indusffial, and: p~i'.bllc sectors; -...
(c).The. lacE:of ;idequ~te areas for collecting and 'ioading.recyclable materials that are compatible
with eutrour~cling larRl' uses Is a slgnfftcant Impediment to dhrerttng soitd waste and. constitutes an
urg&nt n~ed for state .and local:agencies, to address access to solld waste for eource .reduction,
recycling, and compostlng .aCtivities, .
..: ... : ...: . :.:;- .. .'
Article 2. Definitions " '--'- .-; "
·
·
42~o5. As used in'thl~ ohapter,-"clevelopmerrt project' mean~ any of the following:
(a) A project f~r which a building permit will be required for a commercial, Industrial, or Institutional
bulldlng, marina, or resldentlal building having five or more living units, where solid waste Is -
collected 'and. loaded, and .any residential project where solid waste Is ~,'ollocted arid loaded In a
location 'serving fi~e.or raore unlt~ . :..
~) Any new publle facility where solid waste is collected and loaded and any Im .pr6vement. ' s for
areas of a...publlc, faclltty used for collecting and loading eolld waste.
· ..
Article 3;.-'Ordinance~ .... .. - -.
... - _... -....
..
.
42910." (a) Not'later than IVlarch:l, 1993, after, holding a 'public hearing, the board sheJI adopt a
model ordinance for adoption by. anY local agency relating to adequate areas for= collecting and
]oading.recyclab]e materials In development projects.
(b) Th~ board shall consult 'With repre~entstlve~ of the League of Callfomla Cities, County
Super~r= As~oCiation of California, American Planning Assoctatlon, k .American Institute of
Architects, private and public waste services, building coristructlon and management, and fetal[
businesses in developing the model ordinance.
(c) Not. la, er than January 1, 1 gg3,-the board shaft.distribute the draft model ¢~'dlnance to ali local
agencles and other Interested parties for nn-lew. Any co~ments.-Shall be submitted to the board by
February 1, 1993, for consideration st the public hearing of the boards to adopt the ordinance.
42911; (a) By September 1, lg93, each local agency shall adopt an ord!nance relating to adequate-
areas ./or collecting .and-ioadtng recyctable materials in development projects.
(13) If by September 1, 1993, a:loca[ agency ha.9 not adopted an ordinance for collecting and loacrlng
recyclable materials in development projects, the model ordinance adopted pursuant to Section
42010 shall take effect on that date and shall be enforced by the local agency and have the s~ne
fome ;and effect as If adopted by the local agency .as an ordinance. . .
SEC. 5. No reimbtrmement Is required by thl~ act pursuant to Section 6 of Article X]il B of the
California Conctit~on because the local agency or school district haa the authority-to levy service
charg.~; fees, or a~eeements eutllc]cnt to pay for the program or level of service mandated by this
act. Nofwlth~tanding Sect}on 17580 of the Government Code, unle.s.9 otherwise specified In this act,
the provisions of this act shall become operative on the same date that the act.takee.effect pursuant
to the California Constitution.
MODEL ORDINANCE oF THE CALIFORNIA
AREAS.FOR COLI,.EL'I~ ~.,.-_.y '-"-"_"-~-" '.:.~- ,. .-,., ,-,,,,o -
M.A~ IN D~W'ELO~'J.: r~uj.e,~ xo
.
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Resolution No. 93-57
Int6gmted. Waste Managem~t Boara snau auopt u m,~, ,,
ageaey relating to adec~, t~ areas for collecting and load.Lng recyelable materials in developm~t
· ·
projects, and
·
· WHEREAS, I-'ublic Resources Code SeCtion 42911 0u) states that if by SePtembe~ t,
993, a loc~l, agency has not adopted an ordinance for collecting and loading recyclable materials
in developmeat projects, the model ordinance adopted by the Calif~ Integrated Waste
lOlanagemeut Board shall take effect on that date; and
WHEREAS, Public Resourees Code Section 42911 fu)'further states that'hhe model
ordinance' ShkU be.enfowed by .-the.'local agency and have ~e same force and effect as .if adopted
by the local agency as au ordinance; and
WHER,F, AS, ~he~ may be cities and/or counties in the State of Califomia'that do not
'adopt an..or~ce in compliance with Public Resources Code Section 42911 (a);
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· '. ow. w?
- ' :- · ' to be m effect 'for m/d enforced by the.City-Court .
. .~ · .4 . .'-.Y.' . ~ .... - ' at. do not ad t an ordiuaace m. compuan
i~aras of Supe~xuso~ of those local agea',aes th OP .
iVublic'g~ou~ ;Code Section' ~,2911 .(a):
· ' The City council/County Board Of SuperviSors of the $ubje~uciti .e~ andtor counties
· ordain as:.foliows:':. - .'.- "-'
.
. . .
....
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SECI~ON I
.
citie~ ~ counUes.n~ust divert ~0 pe~c~t of ~ ~uu ~ ~y ~~ ~, ~, ~ou~
~~ ~u~on, ~Yc~, ~d ~m~s~g ~~- '-
.
.
.
~ve~g SO ~~t of ~ soBd ~ ~~ ~e ~ci~fion of ~e
~mme~, indus~, ~d public ~~-
. .
' 'l~e lack of ad~~ ~ for ~~g' ~d l~g ~yclabl~ m~~s ~at ~
c~pa~ble ~.s~oun~g.l~d ~ h a ~~~t im~im~t to divot sold w~te ~d
.~m~ ~'ui~t.n~ for sm~ ~d I~ ~~ to addr~s a~ ~o.so~d ~.fo~ ~ur~
~uc~on,.~c~, ~d ~m~g acfi~fl~ ~i~ o~n~ce h~ ~ d~~ w m~t t~t
,
n~. '
DF~ONS
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The fo~o~g d~fini6'ons'"st{aI1 apply lo the language contained'in.this ~dinance:
1).
DEYELO~ pROYECT - Means any.of the following:
.
A project for ~hich'a bu~Id~ ~t is required"for a commerce, indusUi~, or.
insfiVational.building, .maxina, or residential building having five o~ more ~
.units, wheee solid.waste is collect~ and loaded and an~' residential project wlr,:~
~s01id. Wa.~. is colI~ .tefl'and loa~..ed in a location saving fivi or more living units.'
· .
"~: ~y n~'ip~bt/~'' ~acility whets'so, id ~ is co~t~ea ara..'~a~ and ay
hnpwvem~ts for axeas of a public facility used for collecting and loading solid
.
The definition of development project only includes subdivisions or. tracts of
· . s'mgl~family detached homes if, .within such subdivisions or wacts there is an
'area where sblid' ,~aste is collected and loaded in a location .which serves five or
more living units. In such inilancc~, recycling are'as as specifiedin this ordinance
are only required to serve the needs of the living units which utilize the soIid
waste collection and loading area.
B,
Ce
· 'i~ItqIOVEMEIWr '.~'An' improvement adds to the value of a faoility, prolongs its useful
life, lor'adapts it to 'new'uses. Improvements should be distinguished 'from r~aks.
R~ keep faeilifi~ in good operating condition, do not ma. terially add 'to the value of
me facility, and do not' substantially extend the life of the facility.
FIX)OR. AREA OF' A MARINA - .The floor area of-a marina shall be defined as the
space .dediCated to the' d.oelcing or mooring of .marine vessels.'
:
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PL~.' "i~C I~A~'' The definition of'public facility ineludea, but is not timited to
b.m'Idlngs', stnl~, '.'.marinas, and outdoor recreation areas owned by a local agency.
..
,.
R~C¥C..r,~C; ~:'(thxUgAS FOR I~EC¥CL~O) - space auocated ~r koUecting
and Ioading'0f recy~lable materials. Such areas ahall ha.ye thc ability to' accommodate
recep.taclez for recyelabl¢ matexial$. Recyc. lin~ axeas ahall be acc,~sibl¢ and convenient
for those ;OhO depo'~/t ~ well as tho$~ who .collect and. load any recy¢labl¢ material:
-.
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.. SECq'iON I11
G , RAr, R Q N'rS
o
on or after September t, 1993, ahall include adequate, acce~ible' and .conv. enient axeas
'for collecting and loading reeyelablo materials,
'.Any improvements :for' areas of a public facility u~d for collecting-:m.d loading solid
waste:shall.include adequate, acces~ble, and convenient areas for coll .~.ting and loading
rec. y¢lable matefiah,
~nY .exisfin~i-:de~i°Pment project for which an application for a building-p~rm/t is
submit~ on or after Septemb~ 1, 1993 for a single alteration which.is subr, equently
performed that adds 30 peree~ or mor~' to th~ existing floor area of tho development
project shall provide adequate, acce~ible, and convenient are, as for collecting and loading
recyclable materials.
Any.:existing. :development.project for which an .application for a building permit is
submi,-tal, oh"or.after September 1, 1'993 for multiple alterations which are conducted
within a'twelve month period which collectively add. 30 percent or more to the existing
floor area of the development project shall pr°vide adequate, accessible, and-convenient-
oxeas' for collecting trod load'Lag rcoyelable materials.
...
.
.G.
Any eft'sting development..project for which multiple applications for building:permits
are-submitted within a twelve'month period beginning on or after September 1, 1993 for
multiple alterations which axe subsequently performed that collectively add 30 percent
or more to the existing floor a/ca of the development project shall provide adequate,
accc,s~ibl¢, and convenient areas for collecting and loading recyclabl¢ materials.
Any exis'ti'nl~ c~evetopn~eiit p~:oject occupie~ by'multiple tenax~ts, One'of Whie.h submita on
.or after September l, 1993, an apptieation for a building permit for a single alteration
which, is sub~quently.performed that adds 30 percent or more to the e'.~g floor area
of that portion-Of the :development project which said tenant leases'shall provide
adequate, aceessible, and convenient areas for collecting and loading reCyelable materials.
Such recycling..areas., shall, at a minimum be Sufficient in capaci~, number, and
dL~tribution to ~e~¢.that portion of the development project which ~id.tenant leases.
·
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"~"y :~g kleV¢IOpmeni: lyrojeet occupied by multiple tenants, one Of i~h/~i'~ubmits on
or-af~ September 1, 1993 an applidation for a building'pemfit for m'ultiple alterations
which are conducted withix4 a twelve month period which collecfivdy add. 30 percent or
more .m the erdsting floor area of that portion 6f the developmeait project which' mid
tenant leas~ shall Inx~de addtuate, accessible, and convenient areas for collecting and
loading reeyelable materials. Such recycling areas shall, at a minimum be sufficient in
capacity, number, and distribution to serve that portion of the devel~mcnt project which
said .tenant leases. .
·
Any existing developmeri't project oeeupi .ed by. multiple tenants, one of which submits
within a twelve month' period beginning .on or after September 1, 1993 multiple
applieafiorts for 'bufldirig permits 'for multiple alterations Which are subsequently
-perform'ed--that collectively add 30 percent or more to the existing .floor area of that
portion of the development project .which said tenant'leases shall provide .adequate,
.accc~bl.e, and convenient area~ for collecting and loading rccyclabI¢ materials.' Such
-recy~Iingareas shalI;'~at 2. minimum be sufficient in capacity, number, and-distribution
to ser~ that portion.of, the development project Which said tenant leases.
-L Any costs assoeiat~ with adding recycling space to existing development'projects shall
be'~e' ~ndbility.'o'f the. party or partiex who are rexpondble 'for .financing the
.... -alterations. ,: ""
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SECTION 1-~
Ae
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-~e~-i~' ~d~ds' e~, r~yc~g ~s. ~ould ~ ..d~ign~ ~ ~
compatible with. n~y s~c~es ~d with ~e ~isfing to~gmphy ~d vegetation, ~
~mr~ce M~ such stands.-
-.
B. 'the design and construction of recycling areas shall not prevent security of any
recyclable .materials'placed therein.
C. The design, construction, and location of recycling areas shall not be in conflict with any
applicable federal, state, or local laws relating to fire, building, access, tra?sportation,
· clrculatlon,:or ~xfety...... .-
.
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R'e~ciin~':ai'eas or. th~ bins or containers placed therein' must provide.pro'teetion against
adverse~'environme~tal conditions, such as rain, which might render the collected
materials unmarketable.
D~yS'i'ahd/t~r. 'traVel aisles shall, at a minimum, conform to local building-cOde
reqtdfem, ents. fOr. gkrb~¢ collection aeee. ss and clearance. In the &bsenee of such
"' bifildihg-code requii:ements, driveways and/or travel aisle~ should provide fin0bstructed
access for collection vehicles and personnel.
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the malerials aecept~ therfin shall be posted adjacent to all points of direct aee. e~ to the
· reeye~§ areas. .
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G. Developments and transportation corridors adjacent to recycling areas shiill'be'adequately
protected for any adverse impacts such as noise, odor, vectors, or glare through measur~
inducting, but not limited to maintaining adequate separation, fencing, and landsea~ng.
-.
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ADDITIONAL' GI]TD~T,INF_,S FOR SINGLE TEN'AtNT
DEVELOPME PRO3EC-T8 ..
~ -.- · ..: . .-...
o
· .._. :~': -.- .: --.
A. Areas for recycling S~'be adequate h~ capacity, number, anal distribution' to serve the
. .. dcvei, opmcnt proj~ .. · .
B ....'Dimet/.~6nX of the-reCycling area shall' accommodate receptacles sufficient tO' meex the
....:' ...a. ec. ycllng.needa, of thc.dev..cl.opment project.
..
C. An adequate number of bins or containers tO allow for the collation and: loading of
recy¢lal~le materials generated by the development project should be located within ~
recycling-area.
Ae
SECTION VI
ADDI~ONAL GUIDELINF~ FOR MUL'I2PLE ~ANT
DEVELOi:'MF_~T PRO.IECTS
· .
RecycLing areas ahail, at a minimum be :ufficiont in capacity, number, ~..nd-distribution
to-~e that portion'of the development projeei leased by the tenant(s) who. submitted
an.application Or applications resulting in the need to provide recycling area(s) pursuant
to Section III of this ordinance.
· Dimensions-'of'reeycling areas shall accommodate'receptacles sufficient to meet the
recycling needs.of that POrtion of the development project leased by ~e tenant who
sUbmitted an applicati°n or applications resulting in the need to provide :ecycliag area(s)
pursuant to Section IH .of this ordinance. ..
An aiteq~'e number 'of bins or containers to allow for the collection and. loading of
.reeyelable' materiaI~ generated by ~at portion of the development-proj~-'t lea:z~ by the
tenant(s) .who submitted an 'application or applications resulfing-.in the need-.to provide
recycling area pursuant to Sex:fion Iff of this ordinance should be located within the
teeyelin' g area.'
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o ..
SECTION VII
LOCATION
Recycling areas shall not be located in any area required to be construc:M or .maintained
~ unencumbered, according to any applicable federal, state; or local laws relating to
fire, a~s, buildlng~ transportation, circulation, or aafety.
Any and all recycling area(s) shall be lomti<l, so they are at least as converfient' for those
persons who deposit,-collect, 'and load' the recyclable .materials placed therein as the
location(s) where solid waste, is colleemd and loMed. Whenever f~-.~/ble, areas for
collecting and loading recyclable materials shall be. adjacent to the solid wa.gte collection
SECTION
DECL~~ON OF SEVERABII_,ITY
All pm,ds'ions 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.
.CERTIFICATION
The undersigned Executive Director of the California Integrated Waste Mamtgerneat
Board do~ hcret~y ce~rtify that the-for~.gohlg i~ a full, tru~ and ~,'orn~t copy of a rm~olutioh duly
and regularly adopted at a meeting of the California Integrated Waste Management Board on
March 31, 1993.
P,,alph E. Chandler
Executive Director
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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 t°
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
Wq{EREAS, 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 Contmission 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.
ATTACHMENT B
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Resolution No. 3155
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
ChairperSon
KATHLEEN CLANC~ ~---
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 Secreta~~
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RESOLUTION NO. 3159
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR ZONING ORDINANCE
AMENDMENT 93-01 I!~CLUDING REQUIRED FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
The request to approve Zoning Ordinance Amendment
93-001 is considered a "project" pursuant to the
terms of the California Environmental Quality Act.
Be
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Ce
De
Whereby, the Planning Commission of the City of
Tustin has considered evidence presented by the
Community Development Director and other interested
parties with respect to the subject Negative
Declaration.
The Planning Commission has evaluated the proposed
final Negative Declaration and determined it to be
adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The Planning
Commission, having authority to recommend approval of
Zoning Ordinance Amendment 93-01, has~ received and
considered the information contained in the Negative
Declaration, prior to recommending approval of the
proposed project, and found that it adequately discussed
the environmental effects of the proposed project. The
Planning Commission has found that the project involves
no potential for an adverse effect, either individually
or cumulatively, on wildlife resources and makes a De
Minimis Impact Finding related to AB3158, Chapter 1206,
Statutes of 1990. On 5he basis of the initial study and
comments received during the public review process, the
Planning Commission has found that the proposed project
could not hav_e a significant effect on the environment.
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Resolution No. 3159
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
Chairpe~son
KATHLEE-N 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. 3159 was duly passed
and adopted at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
KATHLEEN C~CY
Recording Secretary
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RESOLUTION NO. 93-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR ZONING ORDINANCE AMENDMENT 93-01
INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
ae
The request to approve Zoning Ordinance Amendment
93-001 is considered a "project" pursuant to the
terms of the California Environmental Quality Act.
Be
Ce
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Whereby, the Planning Commission and the City
Council of the City of Tustin have considered
evidence presented by the Community Development
Director and other interested parties with respect
to the subject Negative Declaration.
De
The Planning Commission and City Council have
evaluated the proposed final Negative Declaration
and determined it to be adequate and comp%ete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final approval authority over Zoning
Ordinance Amendment 93-01, has received and considered
the. information contained in the Negative Declaration,
prior to approval of the proposed project, and found that
it adequately discussed the environmental effects of the
proposed project. The City Council has found that the
project involves no potential for an adverse effect,
either individually or cumulatively, on wildlife
resources and makes a De Minimis Impact Finding related
to AB3158, Chapter 1206, Statutes of 1990. On the basis
of the initial study and comments received during the
public review process, the City Council has found that
the proposed project would not have a significant effect
on the environment.
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Resolution No. 93-88
Page 2
PASSED AND 'ADOPTED at a regular meeting of the .Tustin City
Council, held on the 16th day of August, 1993.
Jim Potts
Mayor
Mary E. Wynn
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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 Resolution
93-88 was duly and regularly introduced, passed, and adopted at
a regular meeting of the Tustin City Council, held on the 16th
day of August, 1993.
COUNCILMEMBER.AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn
City Clerk
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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:
ae
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.
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.
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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.
Fo
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.
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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 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:
A·
Section 9275 of Chapter 2, Article 9 is hereby
added to the Tustin City Code to read as follows:
"9275
a·
b.
REGULATION OF AREAS FOR COLLECTING AND
LOADING RECYCLABLE MATERIALS
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.
Definitions
For the purposes of this Section, the
followin~ words shall have the following
meanings:
"Development Project" means any of the
following:
·
A project for which a ~llding permit is
required for a new commercial, industrial
or institutional building, or residential
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Ordinance No. iill
Page 4
Ce
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.
,
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.
·
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.
"Inprovement" means a physical change which
ad~s 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
ad~ 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.
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Ordinance No. 1111
Page 5
do
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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.
·
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 capacit~ 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.
·
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
protecte~ agains_t any adverse impacts
such as ~oise, odor, vectors, or glare
through measures includkng, but not
limited to maintaining adequate
separation, fencing, and~=ndscaping.
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Ordinance No. 1111
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 sol~d 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 5e adjacent to, or
developed in conjunction with, the solid
waste collection areas.
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Ordinance No. 1111
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.
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Ordinance No. 1111
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. 1111
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that th~ 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