HomeMy WebLinkAboutORD 1546 (2024)Docusign Envelope ID: 5F38FOE1-4AOF-49DF-9DE3-B9499216A8AE
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.
Ordinance No. 1546
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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,
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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.
Signed by:
e.
AU N9LU11'PARD,
Mayor
DS
Signed by:U-s"t.
E RIeADWYASU DA,
City Clerk
APPROVED AS TO FORM:
F
ocuSigned by:
71z""
DAVID E. KENDIG,
City Attorney
Ordinance No. 1546
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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:
COUNCILMEMBER RECUSED:
DS
Signed by:qxstda
f-ma
ERICA° IN 60Y*SU, DA
City Clerk
Lumbard, Gallaqher, Clark, Gomez (4
(0)
(0)
Schnell (1)
Ordinance No. 1546
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