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Home My WebLink About05 SECOND READING AND ADOPTION OF ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAMDocusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 MEETING DATE TO FROM Agenda Item 5 AGENDA REPORT Reviewed: City Manager aInitial Finance Director N/A OCTOBER 1, 2024 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAM REQUIREMENTS SUMMARY: Adoption of 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 have second reading by title only and adoption of Ordinance No. 1546. FISCAL IMPACT: There is no fiscal impact associated with this item. 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: On September 17, 2024, the City Council had first reading by title only of Ordinance No. 1546. 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 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 City Council Agenda Report Second Reading and Adoption of Ordinance 1546 October 1, 2024 Page 2 Signed by: Ca qasax E ' NPOY' stlda City Clerk Attachment: 1. Ordinance No. 1546 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 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: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 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 31 st 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: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 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: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 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 17t" day of September, 2024 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 1 st day of October, 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk