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HomeMy WebLinkAbout10 ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAM REQUIREMENTSDocusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 MEETING DATE: TO: FROM: SUBJECT: SUMMARY: Agenda Item 10 AGENDA REPORT Reviewed: City Manager Q� Finance Director SEPTEMBER 17, 2024 ALDO E. SCHINDLER, CITY MANAGER MICHAEL GRISSO, ACTING DIRECTOR OF PUBLIC WORKS ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAM REQUIREMENTS Ordinance No. 1546 amends Section 4351 of the Tustin City Code to simplify the collection of deposits associated with the City's Waste Reduction and Recycling Program for construction and demolition debris. RECOMMENDATION: That the City Council introduce and have the first reading by title only of Ordinance No. 1546 and set the second reading at the City Council's next scheduled meeting. FISCAL IMPACT: All revenue and expenses associated with the Waste Reduction and Recycling Program are administered through the Solid Waste Fund (Fund 171) and fluctuate based on construction activity throughout the community. The proposed Ordinance will reduce the revenue generated from the construction of new single-family detached homes since only one $50 permit application fee will be collected rather than three. However, there will be a significant saving of staff time in both the Public Works and Finance Departments to collect and refund deposits. CORRELATION TO THE STRATEGIC PLAN: Ordinance No. 1546 contributes to the fulfillment of Goal B in the City's Strategic Plan. Specifically, this item addresses Strategy 6b, by implementing plans to reduce waste within the community. BACKGROUND AND DISCUSSION: The Tustin City Code (TCC) was amended in 2003 to include provisions for the diversion of construction and demolition debris as required by Senate Bill 1374. The program includes a requirement that all projects submit an application to the City identifying the Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance No. 1546 September 17, 2024 Page 2 types of waste to be generated and the recycling facility where said materials will be taken. Since 2003, various laws have been passed and ultimately the California Green Building Standards Code (CALGreen) was developed, which has required periodic updates to the TCC for uniformity. The current program continues to gather the data required by State law and ensure developer compliance with CALGreen. The TCC amendments staff is proposing in Ordinance No. 1546 (Attachment 1) simplify the collection of deposits, which will result in efficiencies for staff, contractors, and developers. The proposed changes include: Creation of a New Detached Single -Family Residential Construction classification. Projects in this classification would be required to submit a $5,000 deposit for each new single family detached unit. This replaces the need to submit applications and deposits for landscape, wall/fence, and building permits individually, reducing the amount of application fees and total deposits collected from the development community. 2. Creating a classification for Grading. Under the current requirements, deposits for grading vary greatly and are not consistent between the classifications due to the existing maximum deposit amounts. The new category requires a deposit of $1,000 per acre, rounded up to the nearest quarter acre, to ensure deposits are collected in a fair and equitable manner and consolidates all grading permits for a project rather than collecting separately for grading, rough grading, and precise grading. 3. Allowing administrative judgement in determining when deposits can be collected in phases to simplify the application process for new construction projects that include more than ten (10) residential units. 4. Providing the Director of Public Works with the ability to exempt a project from the deposit requirements if a project will not result in the generation of construction and demolition debris in accordance with the California Green Building Standards Code. The proposed amendments to the TCC retain the integrity of the program while creating efficiencies in its implementation, benefiting both the City and developers. Michael Grisso Acting Director of Public Works Attachment: 1. Ordinance No. 1546 2. Redlined Changes to Tustin City Code Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 ATTACHMENT 1 Ordinance No. 1546 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 ORDINANCE NO. 1546 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: 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 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. Compliance methods will be documented in a Waste Reduction and Recycling Plan (WRRP) submitted to the City for approval prior to permit issuance. Specific requirements associated with WRRPs are listed in Section 4352 of this Chapter. All applicants shall, upon project completion, provide to the Director of Public Works all project -related C&D debris collection, disposal and diversion information in the form prescribed by the Director of Public Works. 2. Projects that do not require a deposit. The following projects are exempt from the WRRP deposit requirements: (a) Free standing, temporary or wall mounted signs. (b) Cell phone towers/antenna equipment replacements. (c) Window and door replacements when original materials are returned to installers business location. (d) Roofing overlays. (e) Grading projects with no export of dirt. (f) Installation of prefabricated machinery, storage racks, or other materials that are installed without the need to conduct demolition activities. (g) Filling of pools and spas. (h) Any other project that, in the opinion of the Director of Public Works or their designee, will not result in the generation of construction and demolition debris in accordance with the California Green Building Standards Code. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. Single -Family Residential. All single-family residential projects for new attached homes, additions or alterations 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. The minimum deposit amount shall be five hundred dollars ($500.00) and the maximum deposit amount shall be two thousand five hundred dollars ($2,500.00). 2. Multifamily/Commercial. All multifamily 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 two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). 3. New Detached Single -Family Residential. All new detached single-family residential construction projects shall submit a security deposit in the amount five thousand dollars ($5,000.00). New detached single-family residential construction projects include permits for landscaping, walls/fences, and building and shall be collected under a single WRRP application. 4. Grading. All projects requiring a grading permit shall submit a security deposit in the amount of one thousand dollars ($1,000) per acre, rounded up to the nearest quarter acre. Projects requiring both a rough grading permit and a grading permit shall require a single deposit and collected under a single WRRP application. e. Consolidation of applications and deposits for phased construction. The Director of Public Works or their designee may approve combining up to ten (10) WRRP applications and deposits for the phased construction of new single-family units. SECTION 2. This Ordinance shall become effective on the 31s' 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, Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 1st day of October, 2024. AUSTIN LUMBARD, Mayor ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: FDocuSigned by: 1d�� DAVID E. KENDIG, City Attorney Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1546 ERICA N. YASUDA, 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. 1546 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 17th day of September, 2024 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 1st day of October, 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 ATTACHMENT 2 Redlined Changes to Tustin City Code Section 4351 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 4351 WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY a. Waste disposal and diversion reporting requirement. Covered projects. All construction 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. Compliance methods will be documented in a Waste Reduction and Recycling Plan (WRRP) submitted to the City for approval prior to permit issuance. Specific requirements associated with WRRPs are listed in Section 4352 of this Chapter. All applicants shall, upon project completion, provide to the Director of Public Works all project -related C&D debris collection, disposal and diversion information in the form prescribed by the Director of Public Works. 2. Proiects that do not reauire a deposit. The followina Droiects are exemat from the WRRP deposit requirements: (a) Free standing, temporary or wall mounted signs. (b) Cell phone towers/antenna equipment replacements. (c) Window and door replacements when original materials are returned to installers business location. (d) Roofing overlays. (e) Grading projects with no export of dirt. (f) Installation of prefabricated machinery, storage racks, or other materials that are installed without the need to conduct demolition activities. (g) Filling of pools and spas. (h) Any other project that, in the opinion of the Director of Public Works or their designee, will not result in the generation of construction and demolition debris in accordance with the California Green Buildina Standards Code. 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. Single-Ffamily Rresidential. All single-family residential projects for new attached homes, additions or alterations 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. The minimum deposit amount shall be five hundred dollars ($500.00) and the maximum deposit amount shall be two thousand five hundred dollars ($2,500.00). 2. Multifamily/Ceommercial. All multifamily 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 two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). 3. New Detached Single -Family Residential. All new detached single-family residential construction projects shall submit a security deposit in the amount five thousand dollars ($5,000.00). New detached single-family residential construction projects include permits for landscaping, walls/fences, and buildina and shall be collected under a sinale WRRP application. 4. Grading. All projects requiring a grading permit shall submit a security deposit in the amount of one thousand dollars ($1,000) per acre, rounded up to the nearest quarter acre. Projects requiring both a rough grading permit and a grading permit shall require a single deposit and collected under a single WRRP aoDlication. e. Consolidation of applications and deposits for phased construction. The Director of Public Works or their designee may approve combining up to ten (10) WRRP applications and deposits for the phased construction of new single-family units.