HomeMy WebLinkAboutOrd 2005-2993
ORDINANCE NO. 2993
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 19.58.340 TO REGULATE THE SPACE
ALLOCATED FOR THE TEMPORARY STORAGE,
COLLECTION, AND LOADING OF RECYCLABLE
MATERIALS AND SOLID WASTE IN DEVELOPMENT
PROJECTS
WHEREAS, in 1989 the California Integrated Waste Management Act (AB 939) required
cities and counties to divert 50% of their waste stream from landfills; and
WHEREAS, shortly after adopting AB939, the State found that limited storage space
within existing facilities was a key deterrent to implementing effective municipal recycling
programs and accomplishing the mandated 50% diversion requirement; and
WHEREAS, to solve this problem, the Legislature passed AB 1327 (California Solid
Waste Reuse and Recycling Access Act of 1991) which required the California Integrated Waste
Management Board (CIWMB) to develop a model ordinance relating to adequate areas for
collection and loading of recyclable materials in development projects; and
WHEREAS, local agencies were required to adopt the model, or an ordinance of their
own by September I, 1993; and
WHEREAS, if a local agency did not adopt its own ordinance, the model ordinance
adopted by the CIWMB took effect and was to be enforced by the local agency; and
WHEREAS, the City has not adopted its own ordinance, but wishes to do so now; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION 1. That Section 19.58.340 of the Chula Vista Municipal Code is amended to read as
follows:
19.58.340
Recycling and solid waste storage.
A. All subdivisons or any new construction requiring a building permit and costing
more than $20,000 to construct ("qualifying project") shall include adequate, accessible, and
convenient areas dedicated for the accumulation, temporary storage and removal of designated
recyclables and solid waste. These recycling and solid waste areas shall be enclosed within a
minimum five-foot-high masonry wall or higher if deemed necessary by the director of planning
to adequately screen the area, built to standards adopted by the city for a freestanding wall (#4
steel and fully grouted) and shall be designed to accommodate the containers used by the
Ordinance 2993
Page 2
recycling and solid waste service company contracted with the city. A wooden enclosure may be
substituted for a wall in the C-O zone and multiple-family zones by the director of planning.
B. A Recycling and Solid Waste Plan shall be submitted by the applicants of any
qualifying project. Said Plan shall be reviewed and approved by the City Manager or hislher
designee. A Plan must comply with city and state solid waste and recycling
regulations/standards before it can be approved. Building permits may not be issued until the
Plan is approved.
C. A Recycling and Solid Waste Planning Manual setting forth recycling and solid
waste space allocation regulations, design standards, and guidelines shall be drafted by the City
Manager and adopted by the City Council.
D. The precise location of any recycling and solid waste area shall be approved by
the Director of Planning upon review of the site plan. Recycling and solid waste areas shall be
accessible and convenient to both the occupants and franchise hauler and shall only be used for
the temporary storage, collection and loading of solid waste and recyclables.
E. Recycling and solid waste enclosures shall be permanently maintained; recycling
and solid waste areas shall be kept neat and clean; and approved Recycling and Solid Waste
Plans shall be adhered to and followed.
SECTION II. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by
Approved as to form by
0~2c~
Michael Meac am _
Conservation and Environmental
Services Director
(A~
Ann Moore
City Attorney
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Ordinance 2993
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 1st day of February, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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ATTEST:
- ~ -<tu" . ~~ ð In
Susan Bigelow, MMC, City rk
J
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2993 had its first reading at a regular meeting held on the 25th day of January,
2005 and its second reading and adoption at a regular meeting of said City Council held on the
1st day of February, 2005.
Executed this 1st day of February, 2005.
--=- _~d tu..... í~~ () ~
Susan Bigelow, MMC, City C k