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, provide
d 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)