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Notice of Exemption - CR&R - 2014-04-29Hugh Nguyen Clerk - Recorder Orange County Clerk- Recorder's Office 12 Civic Center Plaza, Room 106, P.O. Box 238, Santa Ana, CA 92702 web: www.oc.ca.gov /recorder/ PHONE (714) 834 -2500 FAX (714) 834 -5284 COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA, CA 92627 Office of the Orange County Clerk- Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 04/29/2014 It remained posted for 30 (thirty) days. Hugh Nguyen Clerk - Recorder In and for the County of Orange By: Trejo Ernesto Deputy Public Resource Code 21092.3 The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county * ** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted * ** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. * ** Thereafter, the clerk shall return the notice to the local lead agency ** *within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by * ** RECEIVE, I] JUN 12 2914 COS 1A MESA SANITARY CISiNICJ Print Form Notice of Exemption Appendix E To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812 -3044 County Clerk County of: Orange 211 W Santa Ana Blvd. Santa Ana, CA 92701 Project Title: Organics Recycling Program Project Applicant: Costa Mesa Sanitary District From: (Public Agency): Costa Mesa Sanitary District 628 W. 19th Street, Costa Mesa, CA 92627 (Address) FILED APR 2 9 2014 Project Location - Specific: v City limits of Costa Mesa and City of Newport Beach between Santa Ana Ave and Bayview Ave south of Bristol Street. Project Location - City: Costa Mesa/Newport Bch Project Location - County: Orange Description of Nature, Purpose and Beneficiaries of Project: Implement an organics recycling program that will source separate green waste and food scraps that will be converted into Renewable Natural Gas (RNG) and soil amendments. The program will divert 75% ofresidential waste stream away from landfills while at the same time provide protection of the environment. Name of Public Agency Approving Project: Costa Mesa Sanitary District Name of Person or Agency Carrying Out Project: Costa Mesa Sanitary District Exempt Status: (check one): • Ministerial (Sec. 21080(b)(1); 15268); • Declared Emergency (Sec. 21080(b)(3); 15269(a)); • Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); I7 Categorical Exemption. State type and section numl ❑ Statutory Exemptions. State code number: Class 8, Section 15308 Reasons why project is exempt: CMSD is a special district that has been conferred powers by state law to regulate trash and recycling. Trash regulations pertain to the environment. CMSD will adopt an organic recycling ordinance that qualifies as regulation pertaining to the protection of the environment. Lead Agency Scott Carroll Contact Person: Area Code/Telephone /Extension: 949/645 -8400 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project ?, ❑ Yes 0 No Signature. L Date: '3. 3- ly Title: General Manager ❑ Signed by Lead Agency 0 Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resouces Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code, Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder I I[ I I 11111111111111 111II II] 111I1 IIII 111I1 1111] 11111111 I 11111 NO FEE POSTED * $ R 0 0 0 6 6 6 2 0 9 3 $ 201485000354 12:12 pm 04/29/14 APR 2 9 1014 Revised 2011 214 304 Z01 ORANGE COUNTY CLERK - RECORDER DEPARTMENT 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 BY:. DEPUTY DEPARTMENT NOTICE OF EXEMPTION RECORD OF FINDINGS TO: File FROM: Scott Carroll, General Manager DATE: March 3, 2014 SUBJECT: ORGANICS RECYCLING PROGRAM COPIES: Alan Burns, District Counsel Rob Harriers, District Engineer PROJECT DESCRIPTION AND PURPOSE FILED APR 2 9 2014 ORANGE. COUNTY CC: %,l.L. ;G£R DEPARTMENT BY.- 07PUTY POSTED APR 2 9 2014 ORANGE COUNTY CLERRKKPCCOOO DER DEPARTMENT DY:_ / =DEPUTY The project consists of having residents utilize an additional trash container solely for organics, which will be taken to an anaerobic digestion plant in Perris, California, for advanced recycling. The project will divert 75% of residential waste stream away from landfills while at the same time provide protection of the environment. There is no change to the tonnage of solid waste materials being collected by CMSD's exclusive franchise hauler as the organics are currently part of the mixed waste stream placed in the containers; however, the tonnage will now be divided into a two- container system as opposed to the mixed waste containers now being utilized. The fleet servicing CMSD will increase from nine to ten trucks; where six trucks will be used to collect mixed waste carts (refuse and recycling materials) and four trucks will be responsible for collecting the organic carts (green waste and food scraps). The fleet servicing the District will be fueled using Renewable Natural Gas (RNG) that is produced from the anaerobic digestion facility in Perris. Two trucks are needed at each household, which means the fleet mileage will double from 4,050 miles to 8,100 miles a week. ENVIRONMENTAL ANALYSIS Categorical Exemption Class (8) consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. CMSD is a special district that has been conferred powers by state law to regulate trash and recycling. The regulations pertain to the environment. CMSD will adopt an organics recycling ordinance that qualifies as a regulation pertaining to the protection of the environment. DISPOSITION A Notice of Exemption (NOE) and this finding have been prepared and filed with the Orange County Clerk- Recorder. Copies of the NOE together with this Record of Findings have been placed in CMSD files. POSTED APR 2 9 2014 ORANGE COUNTY CLERK-REC RDER DEPARTMENT ORANGE FILED APR 19 2014 ORANGE COUNTY CLERK RECORDER DEPARTMENT GY DEPUTY POSTED APR 2 9 2014 h -ILED PR 2 9 2014 ORANGE COUNTY CLERKJtECgROER DEPARTMENT B CCVAF.T�StENT ORDINANCE NO. 99 BY GEC DEPUTY �7 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AMENDING THE DISTRICT OPERATIONS CODE PERTAINING TO TRASH REGULATIONS, RECYCLING AND EXEMPTIONS WHEREAS, the District has the authority to provide for residential collection of trash, garbage, rubbish, and other waste in the waste stream; and WHEREAS, the District is committed to reducing the waste stream that will result in saving landfill space and protecting the environment; and WHEREAS, on April 10, 2013, the District established a goal of diverting away from landfills 75% of the waste stream by 2015 and 90% by 2020; and WHEREAS, on February 25, 2014, the District tentatively approved an Organics Recycling Program that will remove organics from the waste stream and recycle organics into reusable products; and WHEREAS, this ordinance implements an action taken to assure the maintenance, restoration, enhancement, or protection of the environment by recycling organics to create Renewable Natural Gas (RNG) and is therefore categorically exempt from the California Environmental Quality Act (CEQA) review, pursuant to CEQA Guidelines Section 15308; and WHEREAS, the District's Operations Code Titles 7 and 8 need to be amended to reflect the new Organics Recycling Program; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 7.01.040 of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: 7.01.040 Containers. (a) Containers used for residential collection shall be those provided by the District through its franchisee. Said containers shall be standardized to allow for fully automated collection as determined by the District. Except as hereinafter provided, no Ordinance No. 99 person may use any other types of containers after the standardized containers are provided. (b) The standardized containers for existing service shall be two mixed waste containers and one organic container. Residents may request an exemption from being provided the organic container if they meet one of the following criteria: L Limited container storage space; or Generates minimal organic material. Residents must submit a request for exemption in writing. The General Manager will have the authorization to approving organic exemptions. (c) The combined weight of the container and contents for collection shall not exceed 150 pounds. (d) All trash, recycling material, and organics (as defined in this Code along with exclusions) must be placed inside the containers so that the lid can shut to keep out flies and other pests. Trimmings must be cut so that they fit completely within the container and so that the container lid will shut. Residents shall obtain additional containers from the District as needed to comply with this requirement. Trash, recycling material, and organics should not be jammed in so that it prevents emptying of the container." Section 2. That Section 7.01.054 of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: 7.01.054 Existing Development. Residents may request additional containers to ensure all trash, recycling material, and organics fit inside the containers with the lids closed. Residents shall pay actual cost per container for all additional containers requested, except as provided below: (a) No charge shall be imposed if new residents move to a residence where the containers have been removed. (b) No charge shall be imposed for exchanges of containers. (c) No charge shall be imposed if the occupants of the residence demonstrate a hardship based on disability or economic factors and have submitted a confidential declaration providing those facts. Ordinance No. 99 (d) No charge shall be imposed if a resident with only one mixed waste container and one organics material container requests one additional mixed waste and /or organics container. The containers shall remain the property of the franchisee. Section 3. That Section 7.01.060 of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: 1.01.060 Placement of Containers. Containers shall be placed at the curb or in the alley for collection no earlier than 5:00 p.m. on the evening before the scheduled collection day. Generally, all containers shall be placed in the street with the wheels near the curb. Containers shall be placed so as to be accessible for collection and arranged in a manner so as to facilitate loading on the collection truck. Except where practical difficulties exist, all containers shall be placed so as to not create drainage problems with the gutters. Placement of containers is also subject to compliance with City or County ordinances. In areas in which trash /recycling and organics service is provided via a public alley, containers may be placed in the alley provided doing so does not create an obstruction to the passage of vehicles:' Section 4. That Section 7.01.070, subsection (a), of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: 7.01.070. Permitted Trash /Prohibited Materials. (a) The following are permitted to be placed in the containers for collection: 1. Trash and recycling material, as described in Section 8.02.010, shall be placed in containers designated as "mixed waste" containers. 2. Organics, as described in Section 8.02.010, shall be placed in the designated container provided as the "organics" container. Section 4. That Section 7.01.080, subsection (a), of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: Ordinance No. 99 1.01.080. Removal of Containers (a) Residential containers placed in the street shall be removed from the curb by midnight the day of collection and shall be stored in the rear or side yard of the property so as to be out of view from the street. Containers placed in the alley for collection shall be removed from the alley by midnight the day of collection and shall be stored so as to be out of the public alley, completely on private property, and out of view from the public street. Section 5. That Section 8.01.030 of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety. Section 6. That Section 8.02.010 of the Costa Mesa Sanitary District Operations Code is hereby deleted in its entirety and replaced with the following: "8.02.010. Definitions. A. "Mixed Waste Container" shall mean a wheeled plastic container for storing trash and recycling material as defined by this section and provided by the District for automated collection services. B. "Organic Container" shall mean a wheeled plastic container for storing organic materials as defined by this section and provided by the District for automated collection services. C. "Organics Material' shall mean any type of waste originating from plant or animal sources. D. "Recycling" means the process by which recovered products are transformed into new products, and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper, cardboard, plastics, and other materials. E. 'Recycling Material' means a material which would otherwise become residential industrial or commercial solid waste, which can be source separated, collected, processed, and returned to the economic mainstream in the form of raw materials or products. Ordinance No. 99 Recycling materials such as glass (all colors), aluminum and metal cans, cardboard, newspapers, magazines, mixed paper, and plastics (PET (marked with "1 "), HDPE (marked with "2 "), PVC (marked with "Y), LDPE (marked with "4 "), PP (marked with "5"), PS (marked with "8 "), and Other (marked with" 7" ))." Section 7. That Section 8.02.025 is hereby added to the Costa Mesa Sanitary District Operations Code. "8.02.025 Permitted Organics Material. The following are permitted to be placed in the organics container for collection: A. Lawn clippings B. Branches C. Leaves and flowers D. Shrubs, bushes, and weeds E. Fruits and vegetables F. Meat, poultry, and seafood, including bones G. Eggshells H. Rice I. Beans J. Pasta K. Frozen /refrigerated food L. Tea bags and coffee grounds M. Fats, oil, and grease N. Biodegradable plastics bags O. Biodegradable plastic cups." Section 8. That Section 8.02.040 of the Costa Mesa Sanitary District Operations Code be deleted in its entirety and replaced with the following: "8.02.040 Recycling Revenue. District franchisee shall make available to District its annual audit performed by an independent Certified Public Accountant showing all revenue derived from recycling, composting, or the generation of renewable natural gas or fuel from District. Such statement shall include internal trail reports supporting those financial statements. Such financial statements shall not become public record by such disclosure, and said audit must be made available for viewing by District officials at franchisee's facility." Section 9. Should any part, clause or section of this Ordinance be declared by any Court to competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would Ordinance No. 99 have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 10. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this 27" day of March, 2014. i T p b�+w Secretary President Ordinance No. 99 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 99 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 27`^ day of March, 2014 by the following votes: AYES: President Ferryman, Directors Ooten, Perry, Schafer, Scheafer NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 27' day of March, 2014. Zeo ife astaMes f tary District STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 99, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 27 day of March, 2014, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 1 day of April , 2014. Clerk of thelCos a Mesa an t ry istrict