Prior ordinance history: Ord. Nos. 1995CCS, 2026CCS, 2054CCS, 2165CCS and 2244CCS.
The green building design and construction, landscape maintenance and irrigation design, and construction and demolition waste management standards established in this Chapter are intended to reduce human exposure to noxious materials; conserve non-renewable energy and scarce materials; to minimize the ecological impact of energy and materials used; to support the use of renewable energy and materials that are sustainably harvested; and to protect, preserve and restore local air, water, flora and fauna. These standards will help protect the health of building occupants; improve employee productivity; use energy, water and materials more efficiently; incorporate recycled-content building materials; and increase the durability, ease of maintenance, and economy of building operations.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08)
These regulations are intended to:
(a) 
Provide standards for quality and sustainability of landscaping and irrigation systems related to urban runoff, water use efficiency, and landscape health and diversity in all areas of the City.
(b) 
Reduce and conserve the amount of potable and recycled water used for landscape irrigation within the City.
(c) 
Ensure that water used for landscape irrigation is used efficiently and effectively.
(d) 
Reduce urban runoff, high water-demanding plant materials, inefficient irrigation systems, and inefficient watering practices.
Nothing in this Chapter shall be interpreted as requiring irrigation on any lot or premises or as repealing landscaping requirements that exist in other Sections of this Code. These requirements are consistent with the goals, objectives, and policies of the Sustainable City Plan and the General Plan.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09)
This Subpart shall not apply to:
(a) 
Registered local, State or Federal historical sites; or
(b) 
Plant collections, as part of botanical gardens and arboretums open to the public.
(Added by Ord. No. 2386CCS § 1, adopted 1/10/12)
For purposes of Subpart A of this Chapter, the following words or phrases shall be defined as follows:
Maintenance.
The upkeep of any landscaped area, landscaping or irrigation system.
Modifications.
Replacement or addition to any existing landscaping or irrigation system.
New development.
New construction projects as defined by Article IX of this Code.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09; Ord. No. 2386CCS § 2, adopted 1/10/12; Ord. No. 2498CCS § 1, adopted 11/10/15)
(a) 
All new development projects, including projects undertaken by a public agency, must comply with the following requirements:
(1) 
Compliance with the adopted Water-Efficient Landscape and Irrigation Standards.
(2) 
Submission of plans and reports to the City for review and approval prior to the installation of landscaping and/or irrigation system. The required plans under this subsection may include: landscape plan, hydrozone matrix, irrigation plan, and any other plans or reports as deemed necessary by the Manager of the Office of Sustainability and the Environment, consistent with the purpose and requirements of this Subpart.
(3) 
No final certificate of occupancy shall be issued until the landscaping and/or irrigation system has been installed and demonstrated to operate in full compliance with this Code.
(b) 
Modifications to any existing landscaping or irrigation system or installation of any new landscaping or irrigation system not associated with new development projects, including such activities undertaken by a public agency, must comply with the adopted Water-Efficient Landscape and Irrigation Standards.
(c) 
Maintenance of any existing landscaping or irrigation system, including such maintenance activities undertaken by a public agency, must comply with the Maintenance Section of the adopted Water-Efficient Landscape and Irrigation Standards.
(d) 
New water feature installations must comply with the requirements of the Water Features Section of the adopted Water-Efficient Landscape and Irrigation Standards.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09; Ord. No. 2386CCS § 3, adopted 1/10/12; Ord. No. 2498CCS § 2, adopted 11/10/15)
The Manager of the Office of Sustainability and the Environment may issue Guidelines, consistent with this Subpart's purpose, to implement this Subpart and to implement the adopted Water-Efficient Landscape and Irrigation Standards.
(Added by Ord. No. 2302CCS § 1, adopted 12/8/09)
(a) 
Civil Action. Any person, including the City, may enforce the provisions of this Subpart by means of a civil action.
(b) 
Administrative Remedies. Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(c) 
Nonexclusive Remedies and Penalties. The remedies provided in this Subpart are not exclusive, and nothing in this Subpart shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Added by Ord. No. 2302CCS § 1, adopted 12/8/09)
For the purposes of Subpart B of this Chapter, the following definitions shall apply:
"C&D recycling center"
means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the average weight of material separated for reuse received by the facility over a one-month period.
"City approved facility"
means any facility that has been approved by the City to accept C&D material, inert material, metal recycling, universal waste, or any other materials that may be generated during a covered project.
"City approved hauler"
means a company that possesses a valid approval letter from the City to collect and transport solid waste from individuals or businesses for the purpose of recycling or disposal.
"City-sponsored project"
means a project constructed by the City or a project receiving fifty percent or more of its financing from the City.
"Class III landfill"
means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the State of California and be regulated by an Enforcement Agency.
"Construction and demolition material (C&D material)"
means building materials and solid waste resulting from construction, remodeling, repair, cleanup, demolition, or deconstruction operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. C&D material may not be commingled with inert or organic materials resulting from land clearing and landscaping for construction or land development projects.
"Conversion rate"
means the rate set forth in the standardized conversion rate table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan.
"Covered project"
shall have the meaning set forth in Section 8.108.120.
"Deconstruction"
means the process of carefully dismantling a structure, piece-by-piece, prior to or instead of conventional demolition, to maximize the recovery of building materials for reuse.
"Demolition"
means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building (wall, fence) whether in whole or in part, whether interior or exterior as further defined in Section 9.25.030.
"Diversion requirement"
means the diversion of at least 70% of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.108.170, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan Compliance Official in relation to the project.
"Divert"
means to use material for any purpose other than disposal in a landfill or transformation facility.
"Inert materials"
means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt.
"Organic material"
means any vegetative material resulting from land clearing or landscaping for construction or land development projects.
"Project"
means any activity which requires an application for a building or demolition permit or any similar permit from the City.
"Recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, or thermally destroying solid waste.
"Reuse"
means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
"Separated for reuse"
means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes source separated materials.
"Solid waste"
as per Public Resources Code Section 40191 means all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:
(1) 
Hazardous waste, as defined in PRC Section 40141;
(2) 
Radioactive waste regulated pursuant to the Radiation Control Law (Health and Safety Code Division 104, Part 9, Chapter 8 (commencing with Section 114960)
(3) 
Medical waste regulated pursuant to the Medical Waste Management Act (Health and Safety Code, Division 104, Part 14 (commencing with Section 117600).
"Source separated materials"
means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the purpose of recycling; i.e., loads of concrete that are source-separated for delivery to a recycling facility.
"Universal waste"
means hazardous waste that is identified as universal waste in California Code of Regulations Title 22, Section 66273.9 and is not fully regulated as hazardous waste in accordance with California Health and Safety Code Division 20, Chapter 6.5. Examples of universal waste include, but are not limited to, electronic devices, batteries, fluorescent lamps, mercury thermostats, and other mercury containing equipment.
"Waste management plan (WMP)"
means a completed waste management plan, approved by the City for the purpose of compliance with this Chapter, submitted by the applicant for any project requiring a building permit.
"Waste management plan compliance official"
means the City staff tasked with enforcement of this Subpart.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 7, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
(a) 
Private Projects. All construction, demolition, and deconstruction projects requiring a building permit shall be considered covered projects.
(b) 
City-Sponsored Projects. All City-sponsored construction, demolition and renovation projects shall be subject to this Chapter, and consequently, shall be considered covered projects.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 8, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
(a) 
WMP Forms. Applicants for construction or demolition permits involving a covered project shall complete and submit a waste management plan approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The completed WMP shall indicate all of the following:
(1) 
The estimated volume or weight of the project C&D material, by material type, to be generated;
(2) 
The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
(3) 
The vendor or facility where the applicant proposes to use to collect or receive that material;
(4) 
The estimated volume or weight of C&D materials that will be landfilled in Class III landfills and inert disposal facilities; and
(5) 
A commitment that only City permitted waste haulers would be used.
(b) 
Calculating Volume and Weight of Material. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the conversion rates approved by the City for this purpose.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 9, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
Note: Former § 8.108.140, Performance security, derived from Ord. No. 2261CCS and Ord. No. 2390CCS, was repealed by Ord. No. 2845CCS, 1/13/2026.
(1) 
Requirements. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP has been submitted and approved. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP must contain the following elements:
1. 
All of the information set forth in Section 8.108.130.
2. 
Explanation of how at least 70% of all C&D material, 100% of inert materials, 100% of organic materials, and all universal waste generated by the project will be diverted through source separation or an exemption has been approved pursuant to Section 8.108.170.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 11, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
(a) 
Documentation. Prior to applying for final inspection on the project, the applicant shall submit to the WMP Compliance Official the following documentation showing that it has met the diversion requirement for the project:
(1) 
Weight tickets from the City approved facility which collected or received each material showing the actual weight or volume of that material;
(2) 
Weight slips/count of material salvaged or reused in current project; and
(3) 
Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this Chapter.
(b) 
Weighing of Wastes. Applicants shall ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighed by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates in a format approved by the City.
(c) 
Determination of Compliance and Penalties. The WMP Compliance Official shall review the information submitted under subsection (a) of this Section to determine whether the applicant has complied with the diversion requirement as follows:
(1) 
Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the 70% diversion and all other sections or provisions of this Chapter applicable to the project, they shall remove the hold on the building permit's final inspection with no penalty.
(2) 
Failure to Comply. If the WMP Compliance Official determines that the seventy percent diversion requirement, and/or any other applicable provision of this Chapter, has not been met, a fine not exceeding 3% of the total project valuation, with a minimum of $500, and a maximum of $30,000, shall be assessed pursuant to subsections (c)(2)(A) and (B) below, and in accordance with Chapter 1.09. Once the fine has been paid in full, the hold on the building permit's final inspection shall be removed.
a. 
Fine Categories. Failure to comply with any of the following may result in a fine calculated as set forth in subsection (c)(2)(B) of this Section:
i. 
Any project completed without an approved WMP as defined in Section 8.108.110.
ii. 
The use of a non-City approved hauler as defined in Section 8.108.110.
iii. 
The use of a non-City approved facility as defined in Section 8.108.110.
iv. 
Weight tickets dated prior to the WMP approval date.
v. 
Failure to meet the required diversion rate as defined in Section 8.108.110.
vi. 
Altered or fraudulent weight tickets as determined by the WMP Compliance Official.
b. 
Fine Amounts.
i. 
Fines in subsection (c)(2)(A)(i), (A)(ii), (A)(iii), and (A)(iv) of this Section shall be assessed as 10% of the maximum fine or $500, whichever is greater.
ii. 
Failure to meet the required diversion rate as noted in subsection (c)(2)(A)(v) shall result in a prorated fine based on the amount of waste diverted and is calculated as follows: (3% of project valuation) - ((Achieved diversion rate/Required diversion rate) * (3% of project valuation)).
iii. 
Any projects that are found to have altered or fraudulent weight tickets as noted in subsection (c)(2)(A)(vi) are subject to the maximum fine not exceeding 3% of the total project valuation with a maximum of $30,000.
Table 8.108.160: Range of Fines
Project Valuation
Minimum Penalty
Maximum Penalty
$10,000.00
$500.00
$500.00
$100,000.00
$500.00
$3,000.00
$1,000,000.00+
$3,000.00
$30,000.00
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 12, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
(a) 
Application. If an applicant believes it is infeasible to comply with the diversion requirements of this Chapter due to the circumstances delineated in this Section, the applicant may apply for an exemption at the time that they submits the required WMP. Exemptions may be granted based on the following considerations:
(1) 
Lack of storage space on site;
(2) 
Contamination by hazardous substances;
(3) 
Low recyclability of specific materials.
The applicant shall indicate on the WMP the maximum rate of diversion they believe is feasible for each material and the specific circumstances that they believes make it infeasible to comply with the diversion requirement.
(b) 
Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, they shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant.
(c) 
Denial of Exemption. Upon a denial by the WMP Compliance Official, the applicant shall have 30 days to resubmit a WMP form in full compliance with Section 8.108.130. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.108.130, the WMP Compliance Official shall deny the WMP.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 13, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
The applicant or any interested person may appeal to a Hearing Officer from any ruling of the WMP Compliance Official made pursuant to this Chapter in accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within 10 days of the date that such ruling is made.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 14, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)
(a) 
The City Attorney may enforce the provisions of this Subpart by means of a civil action.
(b) 
Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(c) 
Nonexclusive Remedies and Penalties. The remedies provided in this Subpart are not exclusive, and nothing in this Subpart shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(d) 
It shall not be a defense to the assessment of any penalty or to any other civil or administrative enforcement action provided for under this Section for a person to assert that any violation of this Subpart was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.
(e) 
Any penalty collected hereunder shall be deposited in the Resource Recovery and Recycling Fund to be used as reimbursement for the Public Works Department's costs and expenses of administration and enforcement of this Chapter.
(Added by Ord. No. 2261CCS § 1, adopted 4/22/08; amended by Ord. No. 2390CCS § 15, adopted 2/28/12; Ord. No. 2845CCS, 1/13/2026)