Prior ordinance history: Ords. 5478 and 5627.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless otherwise noted. Reference is made to definitions set forth in Chapter 8.44, which also apply to this chapter. If the requirements of this chapter conflict with the requirements of Title 24 of the California Building Standards Codes, as may be amended from time to time, the more restrictive requirements contained in Title 24 shall control and apply:
means any person, who applies to the city for the applicable
a permit to undertake any construction, demolition or renovation of
a covered project within the city.
means the building official of the city of Glendale or his
or her authorized representative.
means the California’s Green Building Standards Code,
as may be amended from time to time (CALGreen), which requires specified
diversion of construction waste.
means a facility that has been certified by the city of Los
Angeles to divert 65% or more of construction and/or demolition debris
from landfills without using materials as alternative daily cover.
means any building, structure, or park owned and operated
by the city of Glendale.
means the building or enlargement of any structure, or any
portion thereof, and includes, without limitation, alterations or
improvements to an existing structure.
means material other than hazardous waste, radioactive waste,
or medical waste, that is generated by or results from construction
or demolition-related activities including, but not limited to: construction,
deconstruction demolition, excavation, land clearing, landscaping,
reconstruction, remodeling, renovation, repair and site clean-up.
“C&D debris” includes, but is not limited to, asphalt,
concrete, brick, lumber, gypsum wallboard, cardboard, and other associated
packaging, roofing material, ceramic tile, carpeting, plastic pipe,
and steel. Such material may be commingled with rock, soil, gravel,
tree stumps, and other vegetative matter resulting from land clearing
and landscaping for construction or land development projects. C&D
debris does not include rock, soil or gravel that is transferred from
one location to another location within the covered project site and
that is not removed from the covered project site.
means written documentation of a covered project’s
recycled and reused debris, separated, prepared and submitted pursuant
to this chapter after project completion, in a form prescribed or
approved by the building official.
means a written plan for recycling or reuse of a covered
project’s C&D debris prepared and submitted pursuant to
this chapter before any covered project work, in a form prescribed
or approved by the building official.
means a project, as defined by CALGreen unless otherwise
exempt under this chapter or CALGreen, for new or changed use, construction,
demolition, renovation, deconstruction, or alteration of any structure
that requires a permit from the city and falls under one of the following
categories:
A newly constructed building;
A residential addition, renovation and/or alteration that increases
the building’s conditioned area, volume or size;
A non-residential addition, renovation, and/or alteration of
an existing non-residential building (regardless of the proposed construction
value) and/or;
City sponsored construction, demolition, or renovation project
of 5,000 square feet or greater.
means the dismantling of buildings and structures in order
to salvage materials for diversion.
means the decimating, razing, tearing down or wrecking of
any structure, wall, fence or paving, whether in whole or in part,
whether interior or exterior.
means a deposit for the covered project, in the form of cash,
certified or cashiers’ check, or certificate of deposit in a
form approved by the building official.
means the reuse or recycling of construction and demolition
debris, avoiding landfill disposal.
means any construction, demolition, renovation, deconstruction
or alteration permit for a structure issued by the city.
means the construction and demolition C&D debris generated
within a covered project. Project C&D debris does not include
rock, soil, or gravel that is transferred from one location to another
location within the covered project site and that is not removed from
the covered project site.
means the date of the final inspection of the covered project
pursuant to this chapter, or if no final inspection is required, 30
calendar days following the date the work authorized by the permit(s)
is completed, as determined by the building official.
shall have the same meaning as that in Public Resources Code
Section 40180, as may be amended from time to time.
means any change, alteration, or modification to an existing
facility, structure, wall, fence, or pavement, including any tenant
improvements to an existing facility or structure.
means the use of a material in the same or similar form as
originally produced, which material would otherwise be disposed. “Reuse”
does not include the transfer of rock, soil or gravel from one location
to another location within the same covered project site.
means a structure as defined in the California Building Code,
as adopted by the city council, Volume I of the Glendale Building
and Safety Code, and as same is subsequently amended.
means any company, person, or other third party that disposes,
collects, receives, recycles, or reuses covered project C&D debris.
means the table to use in estimating the volume or weight
of construction and demolition debris, approved by the building official.
(Ord. 5895 § 1, 2017; Ord. 5933 § 23, 2019)
All covered projects are required to comply with the provisions
and requirements of this chapter for the diversion of project C&D
debris.
(Ord. 5933 § 24, 2019)
The building official may establish and adopt standards, guidelines,
rules and regulations consistent with this chapter for the enforcement
of the provisions of this chapter.
(Ord. 5895 § 1, 2017; Ord. 5933 § 25, 2019)
It is hereby determined that the diversion of project C&D
debris is a condition of a covered project’s approval and of
this chapter as construction and demolition waste accounts for over
a quarter of the state’s waste stream. Compliance with the provisions
of this chapter shall be listed as a condition of approval on all
permits issued for covered projects.
(Ord. 5895 § 1, 2017; Ord. 5933 § 26, 2019)
All project C&D debris must be taken to a certified mixed
debris recycling facility or reused. The project must divert and document
diversion of 65% or greater of the total estimated project debris
from the landfill as determined by the building official and/or CALGreen.
A certified mixed debris recycling facility must be used for
diversion credit unless an exemption has been granted by the building
official to use an alternative recycling facility.
(Ord. 5895 § 1, 2017; Ord. 5933 § 27, 2019)
For covered projects, prior to issuance of a permit, the applicant
shall complete and submit a construction waste management plan to
the city’s building official.
A.
The
construction waste management plan must document how the covered project
will divert 65% or greater of the covered project’s estimated
debris, or will otherwise meet the diversion requirement set forth
in CALGreen. For demolition, the construction waste management plan
shall also specify how the project will deconstruct materials for
diversion, the weight of specified materials, and the locations materials
will be sent for reuse and/or recycling.
B.
Applicant
must pay a fee for the administration of the construction waste management
plan. The fee for the administration of the construction waste management
plan shall be established or modified by resolution of the city council.
The schedule for such fee shall remain on file and be available for
inspection in the office of the building official. The city shall
review the fee charged for such plan administration at least once
annually and shall, with the approval of the city manager, recommend
changes to the council.
C.
Applicant
is required to document compliance with California Green Building
Standards Section 5.408 (non-residential) and/or California Green
Building Standards Section 4.408 (residential), as may be amended
from time to time, by documenting the following information in the
construction waste management plan:
1.
Determination
of the project’s total estimated debris by volume and weight.
2.
Determination
of the project’s minimal diversion requirement.
3.
Identification
of specific materials that will be diverted to achieve 65% diversion
or more.
4.
Information
on whether waste material will be sorted on-site (source-separated)
or be mixed together (single stream) prior to collection.
5.
Identification
of all certified mixed-debris recycling facilities and/or source-separated
recycling companies that will receive project debris and/or haulers
used for transport of debris to any of these locations.
6.
Description
of construction methods employed to reduce the amount of waste generated.
7.
Pursuant
to CALGreen construction waste requirements, non-residential additions
or alterations of 1,000 square feet or more and building additions
with a permit value of $200,000, must describe and submit documentation
for the proper handling of universal waste in the plan. Materials
must be taken to a recycling facility or reused on-site.
8.
The
best estimate based on all information reasonably available about
the applicable project where facts cannot be ascertained.
9.
For
land clearing purposes, the plan must specify the quantity of material
used and methods utilized to achieve 100% reuse or recycling of trees,
stumps, rocks, assorted vegetation and soils.
10.
Estimated date on which demolition or construction will be complete.
11.
Additional information as required by the building official.
(Ord. 5895 § 1, 2017; Ord. 5933 § 28, 2019)
A.
No permit
will be issued unless the building official has approved the construction
waste management plan for the covered project. No certificate of occupancy
or permit for construction on land where a demolition occurred will
be issued until the building official or his or her designee has approved
the construction and demolition diversion worksheet for the covered
project. The construction waste management plan and construction and
demolition diversion worksheet will only be approved if the building
official determines that:
B.
If at
any time it becomes apparent to the building official that the contents
of the construction waste management plan are not in compliance due
to inadequate diversion or errors in project debris estimates, the
applicant shall be required to submit an addendum to the construction
waste management plan that addresses the non-compliance.
(Ord. 5895 § 1, 2017; Ord. 5933 § 29, 2019)
A.
Applicants
for permits of a covered project shall submit a diversion security
deposit with the construction waste management plan. The calculation
of such diversion security deposit shall be established or modified
by resolution of the city council. The building official may waive
the diversion security deposit if the total diversion security deposit
would be $200 or less.
B.
An applicant seeking a return of a diversion security deposit must submit a request to the building official within 60 days of the receipt of the certificate of occupancy for the construction or demolition project, or within 60 days of the date that the permit application was withdrawn or cancelled. Upon the building official’s determination that the applicant has complied with the requirements of this chapter, as evidenced by the applicant’s submission of the plan as set forth in Section 8.58.070 of this chapter, or in the event that the permit application is withdrawn or cancelled before any work has begun, the building official shall return the diversion security deposit to the applicant. All deposits, for which a return request has not been received, as required by this section, shall be retained by the city.
C.
If the
building official determines noncompliance with the requirements of
this chapter, the applicant’s deposit will be forfeited. At
such time, the diversion security deposit shall be used by the building
official.
(Ord. 5895 § 1, 2017; Ord. 5933 § 30, 2019)
A.
On Site
Practices: During the covered project term, the applicant shall divert
the required percentage of project C&D debris and report all diversion
in a construction and demolition diversion worksheet to the building
official. The building official will evaluate and may monitor each
covered project to determine the percentage of waste recycled or reused
from the covered project. For covered projects that involve both construction/renovation
and demolition activities, diversion materials from demolition activities
shall be tracked and measured separately from diversion of materials
from construction/renovation activities. To the maximum extent feasible,
Project C&D debris shall be separated on site, if this practice
increases diversion. For construction, demolition and/or renovation
projects, on-site separation shall include, but be not limited to,
salvageable materials (e.g., fixtures, appliances, and other similar
items), dimensional lumber, wallboard, concrete and corrugated cardboard.
B.
Documentation. The construction waste management plan, final construction and demolition diversion worksheet and original tags from a certified mixed-debris recycling facility documenting project diversion are required no later than 60 days from the completion of a covered project. The applicant shall submit the necessary documentation to the building official for approval, per the requirements of Sections 8.58.070 through 8.58.090 including the approved construction waste management plan, Construction and Demolition Worksheet and original tags documenting project diversion.
C.
The
construction and demolition worksheet must include:
1.
The
dates of the demolition and/or construction;
2.
Original
receipts from all certified mixed debris recycling facilities where
project C&D debris was recycled and/or salvaged. These receipts
must document the waste diversion method used (ex. recycling, reuse
and/or composting) noting specific volumes and/or material weights.
3.
Original
receipts (no photocopies) from all certified mixed debris recycling
facilities which received the construction and demolition debris,
indicating actual weights and volumes for each load of material accepted.
Receipts must be for the covered project and include dates and project
address.
4.
Receipts
reflecting proper disposal of universal waste from the covered project.
5.
Copy
of the approved construction waste management plan.
(Ord. 5895 § 1, 2017; Ord. 5933 § 31, 2019)
Security deposit refunds shall be denied for the following:
A.
The
property did not divert 65% of the project’s estimated debris.
B.
The
required documentation was not provided (i.e. original facility tags
from certified recycling facilities for properties within the permit
timeframe, approved construction waste management plan, construction
and demolition worksheet).
C.
The
required documentation was not submitted within 60 days of receipt
of the final inspection approval for a construction or demolition
project, or within 60 days of the date that a permit application was
withdrawn or cancelled.
D.
The
building official determines noncompliance with another requirement
of this chapter.
(Ord. 5895 § 1, 2017; Ord. 5933 § 32, 2019)
A.
An applicant
aggrieved by the decision to deny the return of their diversion security
deposit may appeal the decision to the building and fire board of
appeals by filing a written appeal with the city clerk within 15 calendar
days after receipt of the building official’s notice of decision.
The applicant must pay the appeal for denial of return of diversion
security deposit, which shall be established or modified by resolution
of city council. A statement of the appellant shall be required indicating
how the appellant is aggrieved by the decision. Any such written request
to be heard filed with the city clerk shall also be copied to the
building official. The written request shall specify the name and
address of the person to which all subsequent notices and communications
should be mailed.
B.
If no
appeal is filed within such time, the building official shall promptly
implement his or her intended decision on the denial. An appeal shall
automatically stay execution of the implementation of the building
official’s intended decision until the appeal has been considered
and decided on by the building and fire board of appeals.
C.
Within
30 calendar days of the filing of a written appeal, the building and
fire board of appeals shall notify each appellant and the building
official of the time, date and location of the scheduled hearing.
The hearing date shall be set at the board’s sole discretion,
except that the hearing must commence within 60 calendar days of the
date of the filing of the written appeal. The board may extend the
60 day period only upon good cause shown.
D.
The
building and fire board of appeals may, in its sole discretion, direct
any named appellant and the building official to submit in advance
of the hearing, statements, lists of witnesses, exhibits, documents
or any other information the board deems pertinent to the appeal.
The board may request either party to the appeal to submit rebuttals
to such information. The board may limit the length, scope or content
of any such statement, list, rebuttal, document, or other requested
information. The board shall set firm due dates for all written presentations.
E.
All
notices and writings required to be served under this section shall
be delivered by personal service or United States mail in a manner
ensuring written confirmation of delivery.
F.
The proceedings shall be as informal as is compatible with the requirements of justice. The building and fire board of appeals need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter through all means and in a manner best calculated to make a just determination. In considering the appeal, the building and fire board of appeals shall apply the criteria set forth in Sections 8.58.010 through 8.58.110. The board shall render a decision on the appeal within 15 calendar days of such hearing.
G.
The
building and fire board of appeals will render a final decision on
all appeals, and their decision shall be final with no further appeal
being available.
(Ord. 5895 § 1, 2017; Ord. 5933 § 33, 2019)
