The city council of the city of La Cañada Flintridge
hereby finds and determines that:
A. The
city is committed to protecting the public health, safety, welfare
and environment; and
B. In order
to meet these goals, it is necessary that the city promote the reduction
of solid waste and reduce the stream of solid waste going to landfills;
and
C. Under
California law as embodied in the California Waste Management Act
(California
Public Resources Code Sections 40000 et seq.), La Cañada
Flintridge is required to prepare, adopt and implement source reduction
and recycling elements to reach reduction goals and is required to
make substantial reductions in the volume of waste materials going
to landfill(s); and
D. Debris
from demolition and construction of buildings represents a large portion
of the volume of waste materials presently coming from La Cañada
Flintridge, and much of said debris is particularly suitable for recycling;
and
E. La Cañada
Flintridge's commitment to the reduction of waste and to compliance
with state law requires the establishment of programs for recycling
and salvaging construction and demolition materials; and
F. The
city council recognizes that requiring demolition and construction
debris to be recycled and reused may in some respects add modestly
to the cost of demolition and in other respects may make possible
some cost recovery and cost reduction; and
G. It is
necessary to protect the public health, safety and welfare that the
following regulations be adopted.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
For the purposes of this chapter, the following definitions
shall apply:
"Applicant"
means any individual (single and plural; male and female),
firm, limited liability company, association, partnership, political
subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to
the city for the applicable permits to undertake any construction,
demolition, or renovation project within the city.
"Building debris management report"
means a completed report form approved by the city for the
purpose of compliance with this chapter submitted by the applicant
for any covered or noncovered project.
"City-sponsored projects"
means any city-funded construction, demolition, and/or renovation
project, including, but not limited to, a capital improvement project.
"Construction"
means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility
or structure.
"Construction and demolition debris"
means used or discarded materials, including dirt/soil, removed
from property during construction or renovation of a structure, or
improvement resulting from construction, remodeling, repair, or demolition
operations on any pavement, commercial or residential building, or
other structure.
"Covered project"
means any construction, demolition, and/or renovation project
within the city that is 1,000 square feet or greater.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
"Diversion requirement"
means the diversion of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an impossibility exemption pursuant to Section
9.14.070 of this chapter, in which case the diversion requirement shall be the maximum diversion rate attainable, established by the city official for the project.
"Divert"
means to use material for any purpose other than disposal
in or at a landfill or transformation facility.
"Noncovered project"
means any construction, demolition, and/or renovation project
within the city that is less than 1,000 square feet and also means
any re-roof project that does not increase the building's approved
area, volume, or size.
"Performance security"
means any performance bond, surety bond, cash, check, money order, letter of credit, credit card, or other form of security approved by the city's director of public works submitted to the city pursuant to Section
9.14.050 of this chapter.
"Project"
means any activity that requires an application for a demolition
or building permit or any similar permit from the city.
"Recycling"
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste,
and returning 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.
"Renovation"
means any change, addition, or modification to an existing
facility or structure.
"Reuse"
means further or repeated use of construction or demolition
debris.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
A. Covered Projects. All covered projects shall comply with this chapter. Failure to comply with any of the terms of this chapter shall subject the applicant to the full range of enforcement set forth in Section
9.14.080 of this chapter.
B. Noncovered
Projects. All noncovered projects shall be exempt from this chapter
but will be similarly encouraged by the city to divert at least 65%
of all project-related construction and demolition debris.
C. City-Sponsored
Projects. All city-sponsored projects shall be considered "covered
projects" for the purposes of this chapter.
D. Compliance
as a Condition of Approval. Compliance with the provisions of this
chapter shall be listed as a condition of approval on any building
or demolition permit issued for a covered project.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
A. All
applicants for demolition or building permits involving any covered
project shall submit a properly completed building debris management
report on a form approved and provided by the city as part of the
application packet for the building permit. The report shall require
that the applicant identify all construction and demolition debris
to be removed from the project work site.
B. The
applicant shall then provide supporting documentation that verifies
a minimum of 65% of the debris or material generated was diverted
from a landfill. Documentation shall include receipts of disposal,
reuse or recycling of generated materials stating where the materials
were taken ("weight tickets"), the date they were received, the ticket
number (if applicable), the quantity received, and the type of material
received.
C. Applicant
shall make reasonable efforts to ensure that all construction and
demolition debris diverted or landfilled are measured and recorded
using the most accurate method of measurement available. To the extent
practical, all construction and demolition material shall be weighed
by measurement on scales and reported in tons. Such scales shall be
in compliance with all regulatory requirements for accuracy and maintenance.
For construction and demolition debris for which weighing is not practical
due to small size or other considerations, a volumetric measurement
may be used.
D. Applicant
must return the completed building debris management report to the
city prior to a request for final inspection. Final inspection by
the building and safety division shall not be required or completed
until review and approval of the building debris management report
and its supporting documentation by the city.
E. A fee
adopted by resolution of the city council may be charged for the administration
and review of the building debris management report.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
A. The
applicant for any covered project shall submit a performance security.
The amount of the performance security shall be calculated as the
lesser of 3% of total project cost or $10,000.
B. The
complete demolition of any structure or facility on a single property
shall be considered a separate covered project from the construction
of any new structure or facility on that property.
C. Where
there is demolition of multiple structures or facilities on a single
property, the performance security shall be $10,000 in total for all
demolition, regardless of valuation and number of structures.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
Notwithstanding any other provision of this chapter, no final inspection by the building and safety division shall be required or completed unless and until a determination regarding compliance with Section
9.14.040 has been made.
A. Full
Compliance. If the city determines that all conditions have been satisfied,
a letter shall be provided to the applicant indicating that the building
debris management report is approved, and the full performance security
shall be released to the applicant. In addition, a copy of the approval
letter shall be kept in the completed project file in the public works
department for the required retention period.
B. Partial Compliance. If the city determines that the building debris management report fails to verify that at least 65% of all construction and demolition debris generated by the project was reused or recycled, the city shall provide written notice to the applicant indicating that the applicant shall have 30 days from the date of written notice by the city to provide further documentation that the requirements of this chapter have been met, or the applicant shall be subject to the penalties of Section
9.14.080. If the applicant fails to provide sufficient documentation to the city to establish compliance with this chapter within 30 days of the date of written notice from the city, the city shall provide to the applicant a certified letter indicating forfeiture of the applicant's performance security.
The applicant shall have 15 days from the mailing of the city's
certified letter indicating forfeiture of performance security to
submit a written appeal and any relevant documentation in support
of the appeal to the city's director of public works to appeal the
forfeiture of the performance security. If no written appeal is received
in that period, or if the appeal is rejected, the director of public
works shall provide a final written determination to the applicant
that their performance security has been forfeited. The director of
public works may, in his or her sole discretion, request a meeting
with the applicant to discuss the appeal prior to the final written
determination. A copy of the final forfeiture letter shall be kept
in the completed project file in the public works department for the
required retention period.
C. No Compliance. If the city has not received any documentation regarding the construction and demolition debris generated by the project within 12 months after the building permit has been issued, the applicant shall have 60 days after receipt of the city's written request by certified letter for documentation to provide said documentation or be subject to Section
9.14.080.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
A. Application.
If an applicant for a covered project experiences unique circumstances
that the applicant believes make it infeasible to comply with the
diversion requirement, the applicant may apply for an exemption prior
to undertaking any debris removal for that specific project. The applicant
shall indicate the maximum rate of diversion he or she believes is
feasible and the specific circumstances that he or she believes make
it infeasible to comply with the diversion requirement. Applicants
for permits for covered projects shall consult with an authorized
hauler regarding recyclability of the debris to be generated prior
to undertaking any debris removal.
B. Meeting
with Director of Public Works. The director of public works or designee
shall review the information supplied by the applicant and may meet
with the applicant to discuss possible ways of meeting the diversion
requirement. Based on the information supplied by the applicant, the
director of public works shall determine whether it is possible for
the applicant to meet the diversion requirement.
C. Granting
of Exemption. If the director of public works determines that it is
infeasible for the applicant to meet the diversion requirement due
to unique circumstances, he or she shall determine the maximum feasible
diversion rate and shall indicate this rate on the building debris
management report submitted by the applicant. The director of public
works shall notify the applicant in writing that the project has been
approved for exemption and shall notify the building and safety division
that the report has been approved.
D. Denial
of Exemption. If the director of public works determines that it is
possible for the applicant to meet the diversion requirement, he or
she shall so inform the applicant in writing by certified letter.
The applicant shall have 15 days from the mailing of the city's certified
letter indicating denial of the exemption to submit a written appeal
and any relevant documentation in support of the appeal to the city's
director of public works to appeal the denial exemption. If no written
appeal is received in that period, or if the appeal is rejected, the
director of public works shall provide a final written determination
to the applicant that their exemption has been denied. The director
of public works may, in his or her sole discretion, request a meeting
with the applicant to discuss the appeal prior to the final written
determination. A copy of the final denial letter shall be kept in
the completed project file in the public works department for the
required retention period.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)
A. Applicants
for any covered project that violate any provision of this chapter
shall forfeit the performance security for the project. A second violation
by the same applicant within 24 months, for any covered project, shall
be subject to forfeiture of the performance security and a fine of
$200. A third violation, within 24 months of the second, in addition
to forfeiting the performance security, shall be cause for suspension,
after an administrative hearing, of the applicant's business license
for a period of 24 months.
B. In addition to the penalties set forth in subsection
A of this section, any condition caused or permitted to exist in violation of any of the provisions of this code or any statute or ordinance adopted by reference to this code shall be deemed a public nuisance and may be abated by the city in any manner authorized by law.
C. Violation
of any provision of this chapter may be enforced by civil action including
an action for injunctive relief. In any civil enforcement action,
administrative or judicial, the city shall be entitled to recover
its attorneys' fees and costs from a person who is determined by a
court of competent jurisdiction to have violated this chapter.
(Ord. 313 § 1, 2001; Ord. 494 § 1, 2020)