The purpose of this article is to reduce landfill waste by requiring the applicant for every covered project to divert the minimum percentage of construction and demolition debris resulting from that project in compliance with California Green Building Standards Code, and to create a mechanism to secure compliance with the diversion requirements.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Unless otherwise exempt under section 12-26, the applicant for a covered project shall divert, at a minimum, the percentage of construction and demolition debris specified by the California Green Building Standards Code and shall comply with all provisions of this article.
(b) 
Compliance with the provisions of this article shall be listed as a condition of approval on all building or demolition permits issued for a covered project.
(Ord. No. 1190, § 6, 9-27-21)
Covered projects solely involving emergency demolition required to protect the public health, safety or welfare, as determined by any public safety official or code compliance officer of the city prior to demolition, are exempt from the requirements of this article.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Performance security deposit. A performance security deposit shall be provided to the city for all covered projects prior to and as a condition of issuance of any permit for the covered project to guarantee compliance with the California Green Building Standards Code for waste diversion and completion of the required construction and demolition debris management plan and reporting. The performance security deposit shall be in the form of cash, a certified or cashiers' check, or another method of payment acceptable to the director.
(1) 
Single-family residential projects up to 3,500 square feet shall submit a security deposit of a flat rate of $1,000.
(2) 
Single-family residential projects exceeding 3,500 square feet, multi-family residential projects (defined as projects with two or more connected units), and nonresidential projects shall submit a security deposit of one dollar ($1.00) per square foot of project with a minimum deposit of $1,000 and a maximum deposit of $50,000 per phase.
(3) 
Failure to comply with the diversion requirements, as determined by the director, shall result in forfeiture of the security deposit.
(4) 
Solid waste generated by the project shall only be hauled by a franchised solid waste collector or city-permitted third-party hauler, or shall be self-hauled. Prior to hiring a third-party hauler, the project contractor must contact the solid waste collector and obtain a written "no service" letter stating that the solid waste collector is unable to perform the required hauling, and the "no service" letter shall be presented to the city upon request. The project contractor shall not hire a subcontractor for the sole purpose of solid waste removal; any such subcontractor will not be considered a permitted self-hauler. Violation of this subsection (a)(4) of this section, as determined by the director, will result if forfeiture of the security deposit.
(5) 
The deposit shall be returned in total to the project applicant, promptly and without interest, at the conclusion of the project and upon the applicant presenting proof satisfactory to the director that no less than the required percentages of construction and demolition debris generated by the project have been recycled, reused, or otherwise diverted from landfills to the extent indicated in the approved materials questionnaire, and provided that the project applicant has not violated any other provisions of this article resulting in forfeiture.
(6) 
City-sponsored construction, demolition, or renovation activities are exempt from providing a performance security deposit.
(b) 
Administrative fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, every applicant for a covered project, unless exempt under section 12-26, shall pay to the city a fee sufficient to compensate the city for all expenses incurred in reviewing the materials questionnaire. The amount of this fee shall be prescribed in the master fee schedule, which may be updated by city council resolution.
(Ord. No. 1190, § 6, 9-27-21)
Prior to the issuance of a building or demolition permit for any covered project, all applicants shall complete and submit a materials questionnaire to the city's building division, as part of the application packet for a permit issued for a covered project. The city's building official or a designee shall provide the director with the materials questionnaire. The materials questionnaire shall include the following information, calculated with the conversion rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris approved by California's Department of Resources Recycling and Recovery (CalRecycle), and shall be attested by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project, where all the facts cannot be ascertained:
(a) 
The estimated volume or weight of construction and demolition debris, listed for each material;
(b) 
The estimated volume or weight of construction and demolition debris that can be diverted, listed for each material;
(c) 
The estimated volume or weight of construction and demolition debris that would be landfilled as solid waste;
(d) 
The identification of the vendor or facility that will collect or receive the construction or demolition debris or that will deconstruct the structure; and
(e) 
The estimated date on which demolition or construction is to commence.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Time for review. A materials questionnaire shall be approved or denied no later than 15 business days after a complete application is made. The approval may be based on imposed conditions reasonably necessary to meet the standards of this article.
(b) 
Approval. Notwithstanding any other provision of this article, no building or demolition permit shall be issued for any covered project unless and until the materials questionnaire has been approved, based upon the following findings by the director.
(1) 
All of the information required by section 12-28 has been provided; and
(2) 
The plan establishes a mechanism such that the diversion requirement shall be met.
(c) 
Denial. If the director denies the materials questionnaire, the grounds for denial shall be clearly stated in writing.
(Ord. No. 1190, § 6, 9-27-21)
No later than 30 days following the completion of a covered project, the applicant shall submit a compliance reporting form, under penalty of perjury, to the director. For purposes of this section, "completion" means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date of the final city inspection approving the project as complete. The compliance reporting form shall include the following information:
(a) 
The dates demolition and construction actually commenced;
(b) 
The actual volume or weight of construction and demolition debris, listed for each material;
(c) 
The actual volume or weight of construction or demolition debris that was diverted, listed for each material;
(d) 
A specification of the method used to determine the volume and weights and a certification that the method used was the most accurate, commercially reasonable method available; and
(e) 
Original receipts from all vendors and facilities that collected or received construction and demolition debris, indicating actual weights and volumes received.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
If an applicant is aggrieved by any decision of the director under this article, the applicant may appeal the decision to the city council by filing with the city clerk a statement addressed to the city council setting forth the name and address of the person filing the appeal, the facts and circumstances regarding the director's decision, and the basis for the appeal. The appeal shall be accompanied by a deposit as established by resolution of the city council or actual cost. The city clerk shall present the appeal to the city council following the date of filing. The city council shall hear and pass upon the appeal, and the decision of the council thereupon shall be final and conclusive.
(b) 
The right to appeal to the city council shall terminate upon the expiration of 30 days following the decision of the director.
(Ord. No. 1190, § 6, 9-27-21)
In addition to the other requirements in this article, applicants for permits for covered projects, as a condition of the city's permit approval, shall comply with the following:
(a) 
New commercial construction shall provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-, three-plus, or two-container collection program offered by the city, or comply with sections 4.410.2 and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(b) 
Additions to commercial buildings, resulting in an increase of at least 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-, three-plus, or two-container collection program offered by the city, or shall comply with section 5.410.1.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(Ord. No. 1190, § 6, 9-27-21)