HomeMy WebLinkAboutORD 1442 (2014)ORDINANCE NO. 1442
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:
a. Waste disposal and diversion reporting requirement.
1. Covered projects. All construction, demolition, 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. All project
contractors shall, upon project completion, provide to the Public Works Director
all project related C &D debris collection, disposal and diversion information in the
form prescribed by the Public Works Director.
2. [Exemptions.] All exemptions as provided in the California Green Building
Standards Code shall be granted.
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, or money order. In addition, the Public Works
Director may accept a certificate of deposit or letter of credit in the form approved by the
City Attorney.
Ordinance No. 1442
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1. Single Family Residential. All single family residential 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. The minimum
deposit amount shall by $500 and the maximum deposit amount shall be $2,500.
2. Multi- family /Commercial. All multi - family 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 $2,500,
whichever is greater. In no event shall a deposit exceed $25,000.
SECTION 2. This Ordinance shall become effective on the 31St 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, 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.
APPROVED AS TO FORM:
DAVID E. KENC)IG, / /
City Attorney Z/
Ordinance No. 1442
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I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1442
JEFFREY C. PARKER, 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. 1442
was duly and regularly introduced at a regular meeting of the Tustin City Council held
on the 6th day of May, 2014 and was given its second reading, passed, and adopted at
a regular meeting of the City Council held on the 20"' day of May, 2014 by the following
vote:
COUNCILPERSONS AYES: Puckett Nielsen Gomez Bernstein (4)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: Murray (1)
Ordinance No. 1442
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