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)