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HomeMy WebLinkAboutORD 1111 (1993) 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: A. 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. B. 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. C. 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. 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. F. 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. 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 t~is 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 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS a. 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. b. Definitions For the purposes of this Section, the following words shall have the following meanings: "Development Project" means any of the following: 1. A project for which a building permit is required for a new commercial, industrial or institutional building, or residential Ordinance No. 1111 Page 4 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. 2. 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. 3. 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. "Improvement" means a physical change which adds 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 add 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. c. Applicability 1. All 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. Ordinance No. 1111 Page 5 2. 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. 3. 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. d. Guidelines The following guidelines shall be used in evaluating all recycling areas required by this subsection: 1. An adequate number and capacity 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. 2. 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 protected against any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping. ] 2 Ordinance No. 1111 Page 6 3 4 3. Recycling areas shall be enclosed by 6 masonry wall with access gates which effectively obscures the contents placed 7 within the enclosure. 8 4. Recycling areas shall be secured to prevent the theft of recyclable materials 9 by unauthorized persons, while allowing authorized persons access for disposal of ]0 materials. ~] 5. Recycling areas or the bins or containers placed therein shall provide protection ]2 against adverse environmental conditions which might render the collected ~3 materials unmarketable. 14 6. Driveways or travel aisles shall be unobstructed and provide access for the ~5 City's franchised solid waste hauler's collection vehicles and shall provide ~6 minimum clearance for vehicles utilized by the City's franchised sol~d waste ~7 hauler. ]8 7. The design and construction of recycling areas shall meet all applicable zoning ~9 setback and yard requirements and shall not be located in any area required to be 20 constructed or maintained unencumbered, according to any applicable federal, 2] state, or local laws relating to fire, access, building, transportation, 22 circulation, or safety. 23 8. Any recycling area(s) shall be located to be convenient to persons who deposit, 24 collect, and load the recyclable materials. Whenever feasible, areas for 25 collecting and loading recyclable materials should be adjacent to, or 26 developed in conjunction with, the solid waste collection areas. 27 28 Ordinance No. 1111 Page 7 4 9. A sign clearly identifying all recycling 6 and solid waste collection and loading areas and the materials accepted therein 7 should be posted adjacent to all points of direct access to the recycling area. 8 10. All areas for loading and collecting 9 recyclable materials are subject to design review by the Community ~0 Development Department." 11 III. Severability All provisions of this Ordinance are severable and, if ~3 for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such aecision shall not 14 affect the validity of the remaining parts of the Ordinance. 17 18 19 20 27 · % Ordinance No. 1111 Page 8 3 4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of September 1993. 8 30 ~yMJTTS ' ]4 CITY CLERK 35 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 38 CITY OF TUSTIN ) 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 the 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 an~ adopted at a regular meeting of the City Council held on the 7th day of September, 1993, by the following vote: 23 COUNCILMEMBER AYES: Ports, Saltarelli, Pont ious, Puckett, Thomas COUNCILMEMBER NOES: None 24 COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None 25 28 28