The purpose of this article is to promote the recycling of construction and demolition debris which is recyclable and reusable, as defined in Section 8.28.260, to protect the public health, safety, and welfare and to meet the city's obligations under state law, including Assembly Bill 939 and the California Green Building Standards Code.
(Ord. 984-07 § 1; Ord. 1057-11 § 1; Ord. 1183-21 § 2)
For the purposes of this article, "recyclable and reusable construction" or "demolition debris" means and includes any material which is any of the following:
A. 
Masonry building materials and similar products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, and brick;
B. 
Materials including all dimensional lumber, fencing, or construction wood that has not been chemically treated, creosoted, CCA pressure treated, contaminated, or painted;
C. 
Plant and land-clearing debris including trees, tree parts, shrubs, stumps, logs, brush, soil or any other type of plant or yard waste that is cleared from a site for construction or other purpose;
D. 
Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;
E. 
Roofing materials, including wood shingles, asphalt, stone, tile and slate-based roofing materials;
F. 
Other salvageable materials including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances;
G. 
Any other construction or demolition debris that is nonhazardous and available for recycling or reuse, as identified on the approved building plans issued by the city.
(Ord. 984-07 § 1; Ord. 1057-11 § 2; Ord. 1183-21 § 2)
A. 
All projects subject to this article, which shall be referred to as "covered projects," must reuse, recycle, or divert from landfills or disposal sites at least sixty-five percent of all demolition and construction debris generated unless a lower rate is approved by the city as a part of the project's waste reduction and recycling plan ("WRRP") required pursuant to Section 8.28.300.
B. 
Diversion may be satisfied by any of the following methods:
1. 
Documented on-site reuse of the construction and demolition debris.
2. 
Documented delivery of construction and demolition debris to an approved recycling facility, as described in Section 8.28.310.
3. 
Other methods approved by the city, as set forth on the approved plans issued by the city.
C. 
Nonresidential, newly constructed buildings shall reuse and/or recycle one hundred percent of plant and land-clearing debris including trees, stumps, rocks and associated vegetation and soils resulting from land clearing.
D. 
Nonresidential addition and alteration projects must also divert universal waste from landfills.
(Ord. 984-07 § 1; Ord. 1057-11 § 3; Ord. 1128-17 §§ 2, 3; Ord. 1183-21 § 2)
A. 
Projects Subject to This Article. All construction, demolition, addition, alteration, and remodel projects within the city which require a building, demolition, or similar permit, and which are not otherwise excluded by Section 8.28.290 or subsection C of this section shall, at a minimum, divert the amount of construction and demolition debris mandated by Section 8.28.270(A) or the approved WRRP for the project from landfills and are covered projects. Demolition followed by construction on the same site which requires separate permits shall be considered two separate projects. Otherwise, concurrent permits at the same site are considered one project for the purposes of this article.
B. 
City-Sponsored Projects. Unless specifically exempted by the city, all city-sponsored construction and demolition projects shall be subject to the requirements of this article, including threshold limits, except that the city shall be exempt from paying a security deposit. The city may exempt any city-sponsored project, including any project of the redevelopment agency or housing authority, from the requirements of this article. Nevertheless, the city may require alternative diversion requirements for any city-sponsored project that has otherwise be exempted from the requirements of this article.
C. 
All Other Projects. All construction, addition, alteration, and remodel projects within the city that are below the thresholds for covered projects set forth in Section 8.28.290, or which are otherwise excluded from complying with this article as the result of having an approved WRRP, are nevertheless encouraged to divert at least fifty percent of all project-related construction and demolition debris.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
If a project meets any of the following thresholds, it is a covered project and must meet all requirements for covered projects set forth in this article.
A. 
Demolition and Construction Projects. All demolition projects and all newly constructed buildings are covered projects. Nonresidential addition, alteration, and repair projects are covered projects. Residential additions and alterations which increase the building footprint area, volume, or size are all covered projects. All covered projects are subject to the diversion requirements set forth in this article and require the submittal of a waste reduction and recycling plan prior to beginning any construction, remodeling or demolition activities. Failure to comply with any of the terms of this article shall subject the building/demolition permit applicant, or any party who was obligated to obtain a permit but failed to do so, to penalties as described in this article.
B. 
Deconstruction/Recovery Interval for Demolition Projects. Applicants for all demolition projects shall perform deconstruction and make materials available for salvage and reuse through sale or donation, in addition to other recycling methods. Every demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable material from every project shall be counted towards meeting the diversion requirement. Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be taken to re-use facilities for storage or sale. Receipts from recipients shall be obtained for material given away, as well as for items sold.
C. 
All permits for construction, remodeling, and/or demolition issued for a covered project shall be conditioned upon compliance with this article.
(Ord. 984-07 § 1; Ord. 1057-11 § 4; Ord. 1101-14 § 1; Ord. 1128-17 § 4; Ord. 1183-21 § 2)
A. 
Except as otherwise specified in this article, each applicant who applies for a building or demolition permit for a covered project shall submit a waste reduction recycling plan (WRRP) on a form to be provided by the city concurrent with his or her application for a building or demolition permit. No permit or exemption shall be issued for a covered project until a WRRP has been approved by the public works director or designee.
B. 
To be deemed complete, a WRRP shall contain the following information:
1. 
The estimated volume or weight of project waste to be generated identified by material type;
2. 
The maximum volume or weight of each type of material that can feasibly be diverted via reuse or recycling;
3. 
The vendor(s) that the applicant proposes to use to haul each type of material;
4. 
The volume or weight of each type of material that can be reused on site;
5. 
The volume or weight of each type of material that can be given away or sold on the premises;
6. 
The facility(ies) that each type of material will be hauled to, and the expected diversion rate per material type;
7. 
The estimated volume or weight of construction and demolition debris that will be disposed of as a part of the project per material type; and
8. 
Verification that universal waste from nonresidential addition and alteration projects will be properly disposed and diverted from landfills.
C. 
Because actual material weights are not available at this stage, estimates may be used. In estimating the volume or weight of materials identified in the WRRP, each applicant shall use the standardized conversion rates approved by the city for this purpose. If an applicant calculates the projected feasible diversion rate as described above, and finds that the rate does not meet the diversion goal, the applicant must submit additional information to the city which supports a request for approval of a lower diversion rate. If this documentation is not included, the WRRP shall be deemed incomplete.
D. 
Approval. No building or demolition permit shall be issued for any covered project unless and until the director of public works or designee has approved the WRRP. A WRRP shall not be required, however, where emergency demolition is required to protect public health or safety. The director of public works or designee shall only approve a WRRP if it is determined that all of the following conditions have been met:
1. 
The WRRP provides all of the information required by this article;
2. 
The WRRP indicates how the minimum diversion requirements of all construction and demolition debris generated by all covered projects will be diverted, or that an alternate diversion goal has been approved; and
3. 
The applicant has submitted the appropriate security deposit.
E. 
Non-Approval. If the director of public works or designee determines that the WRRP is incomplete or fails to indicate how the minimum diversion requirements, or the alternative approved diversion goal, of all construction and demolition debris generated by the project will be diverted, the WRRP shall be returned to the applicant indicating either:
1. 
"Further explanation needed" with a statement of the type of additional information needed; or
2. 
"Disapproved" with a statement of reasons for the disapproval. When a WRRP has been disapproved, the director of public works, or designee, shall notify the building department to immediately stop processing the building or demolition permit application.
(Ord. 984-07 § 1; Ord. 1057-11 § 5; Ord. 1128-17 § 5; Ord. 1183-21 § 2)
A. 
The city may, but is not required to, approve certified recycling facilities, including facilities for recycling, composting, materials recovery and re-use facilities. Failure of the city to approve any recycling facility(ies) shall not relieve the duty to recycle construction demolition debris as required herein.
B. 
A facility may only be certified after the owner or operator of the facility submits documentation, satisfactory to the public works director or designee, indicating that:
1. 
The facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and
2. 
The percentage of waste from construction, demolition, and alteration activities that is actually diverted by such facility from landfill disposal meets a minimum percentage level determined by the city.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction or demolition debris, every applicant for a covered project, unless exempt, shall pay the city an application fee which will compensate the city for all expenses incurred in reviewing the applicant's WRRP and reviewing performance of the plan. The amount of such fee shall be established by a resolution of the city council and may be modified from time to time. This fee is nonrefundable and will not be returned in the event a permit is cancelled.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
Each applicant for a permit for a covered project shall concurrently remit a security deposit in the amount equal to three percent of the first one hundred thousand dollars, two percent of next four hundred thousand dollars, one percent of the next five hundred thousand dollars and one-fourth percent for amount over one million dollars, of the estimated value of the project. The security deposit may be paid via cash, cashier's check, personal check or money order.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
Neither a WRRP nor a security deposit shall be required for any of the following types of projects:
1. 
Work which only requires a plumbing, electrical, or mechanical permit;
2. 
A seismic tie-down project;
3. 
A roofing project which does not include tearing-off of an existing roof;
4. 
The installation of new fencing, but not replacement of existing fencing;
5. 
The installation of pre-fabricated patio enclosures and covers when no foundation or other structural building modifications are required;
6. 
The installation of pre-fabricated accessories such as signs or antennas which do not require structural building modifications;
7. 
City-sponsored projects that have been specifically exempted by the city;
8. 
Emergency demolition which is necessary to protect the public health and safety;
9. 
Projects, as determined by the public works director or designee, not generating construction or demolition debris.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
A. 
The director of public works may authorize the refund of a security deposit which was erroneously paid or collected, or any portion of a security deposit erroneously given in excess of the required amount.
B. 
The director of public works may authorize the full refund of a security deposit when a permit application is withdrawn or cancelled before any work has begun.
C. 
The director of public works may authorize the full refund of a security deposit when the applicant has satisfactorily submitted the report required by Section 8.28.370 and that the director of public works has verified at least the minimum diversion requirements have been met.
D. 
If the director of public works' determines that the diversion requirement for a specific project has not been achieved, he or she shall determine, on a case-by-case basis whether the applicant has made a good faith effort to comply with this article. In the director of public works' sole discretion, the director of public works may authorize a partial refund of a security deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste.
E. 
Any security deposit, or portion thereof, that is returned will be returned without interest.
F. 
A security deposit for which a refund has not been requested will be forfeited sixty days after issuance of the certificate of occupancy or sixty days after expiration of a permit if the required WRRP has not been completed and submitted to the city.
G. 
When a security deposit has been forfeited as the result of an expired permit on a suspended project, if new permits are issued for the completion of the same project within one year of the prior permit's expiration, the permittee may request that the forfeited security deposit be applied to the new permit if the permittee has retained all documentation of recycling and disposal for the entire project. Upon receipt of such a request, the decision to authorize or deny this request shall be in the sole discretion of the public works director, or designee.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
A. 
If the director of public works determines that an applicant has not made a good faith effort to comply with this article, or if an applicant fails to submit the documentation required by Section 8.28.370 within the required period, the security deposit shall be forfeited.
B. 
Forfeited security deposits shall be used by the city for discarded materials and recycling related purposes including, but not limited to:
1. 
Planning, implementing, or promoting solid waste diversion programs;
2. 
Developing or improving the infrastructure needed to divert waste from landfills;
3. 
Educating generators and handlers of solid waste in the city regarding discarded materials recycling and disposal alternatives;
4. 
Reviewing the accuracy of solid waste collector's reports, WRRPs and other discarded materials records.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
A. 
Within sixty days following the completion of a covered project, the applicant shall, as a condition precedent to release of its security deposit, submit to the public works director documentation of its compliance with this article or the applicable WRRP. Necessary documentation includes a final completed "construction and demolition debris recycling and disposal report summary" which lists the actual tonnage of materials removed, recycled and diverted, supported by original receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies (this form is included with the building permit application). Receipts and weight tags shall be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged, or otherwise disposed of.
B. 
If a project involves both demolition and construction, and the applicant has not met the diversion requirement for demolition, the public works director or designee may, in addition to other remedies set forth in this article, require a higher percentage of diversion for construction than that amount required by Section 8.28.270, provided that the higher percentage is no higher than the shortfall in diversion from demolition. In the alternative, the applicant may submit a letter, signed under penalty of perjury, stating that no designated recyclable or reusable materials were generated from the demolition project. This statement shall be verified by the public works director or designee.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
Upon payment of an appeal fee in an amount established by a resolution of the city council, which may be amended from time to time, the applicant may appeal to the city manager a decision of the director of public works to deny an exemption or withhold all or any portion of a security deposit. Notice of appeal from the decision of the director of public works must be filed with the city manager's office within ten calendar days of the date of the decision being appealed.
The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein constitutes a waiver of any objection to the decision(s) of the director of public works and such decision(s) shall be final; otherwise, the decision of the city manager is final.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)
A. 
Any violation of this article is punishable as a misdemeanor pursuant to Chapter 1.08 of this code.
B. 
In addition to the penalties herein, if violations of the provisions of this article exist in connection with a covered project requiring completion of a WRRP, the city may use various administrative measures to ensure compliance, including, but not limited to:
1. 
Withholding a permit or a certificate of occupancy for a project until all violations have been corrected;
2. 
Issuing a stop work notice until all violations have been corrected;
3. 
Stopping all inspections for the project until all violations have been corrected; and
4. 
Applying any other civil or criminal penalties or liabilities recommended by the city attorney.
(Ord. 984-07 § 1; Ord. 1183-21 § 2)