The purpose of this chapter is to promote the recycling of construction
and demolition debris in order to protect the public health, safety,
and welfare and to meet the City's obligations under AB 939, AB 341,
AB 1826, SB 1383, and the California Green Building Standards Code.
It is not the intent of this chapter to circumvent the provisions
of the City's solid waste franchise agreement.
(Ord. 2008-14; Ord. 2021-17)
For the purposes of this chapter, the following definitions
shall apply:
means an extension or increase in floor area of an existing
building or structure.
means any penalty or fine assessed to an applicant pursuant to Section 11.22.080 of this chapter.
means any construction or renovation to an existing structure,
other than repair for the purpose of maintenance or addition.
means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private for profit or non-profit 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.
refers to the prescribed regulations for the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition,
occupancy, equipment, use, height, area, and maintenance of buildings
and structures.
means any project where the improvements are or will be upon
completion, owned by the City.
means the building of any improvement or any portion thereof
including any tenant improvements to an existing facility or structure.
means used or discarded materials removed from premises during
construction or renovation of a structure resulting from construction,
alteration, repair, deconstruction, or demolition operations on any
pavement, house, garage, commercial building, or other structure.
This term includes, but is not limited to, asphalt, concrete, brick,
dirt, rock, lumber, cardboard, metals, and any vegetative or other
land clearing/landscaping materials.
means the rate set forth in the standardized conversion rate
table approved by the City pursuant to this chapter for use in estimating
the volume or weight of materials identified in a waste management
plan.
means the process of carefully dismantling a building or
structure in order to salvage components for reuse and recycling.
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.
means to use construction or demolition debris for any purpose
other than disposal in a landfill or transformation facility.
means the minimum requirements regarding recycling or reuse for salvage set forth in the California Green Building Standards Code as adopted by Section 23.12.110 of this Code, tier I requirements for commercial projects, any applicable state law requirements, and the requirements outlined in Section 11.22.030, unless the applicant has been granted an exemption pursuant to Section 11.22.070 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.
means acceptance by the City that all requirements and conditions
of the project have been met.
has the meaning established by California Public Resources
Code Section 40141.
means any activity which requires an application for a demolition
or building permit or any similar permit from the City.
has the same meaning as in Section 11.20.020 of this Code.
means any change or modification in an existing structure.
means further or repeated use of construction or demolition
debris.
means the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
has the same meaning as in Section 11.20.020 of this Code.
means the total construction value of the project as calculated
by the Building Division using the City's standard commercial and
residential valuation formulas.
means a completed form prepared and submitted by an applicant
for any project approved by the City for the purpose of compliance
with this chapter. The form is submitted when applying for a permit.
means the staff person(s) designated by the City Manager
authorized and responsible for implementing this chapter.
means the fee for processing WMP applications as adopted
by the City Council by resolution, if any.
means the final calculation of construction and demolition debris diversion for the project as described in Section 11.22.060 of this chapter.
(Ord. 2008-14; Ord. 2021-17)
Any project (residential, non-residential, and mixed use generating any construction and demolition debris within the City, including City-sponsored projects, must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the California Green Building Standards Code as adopted by Section 23.12.110 of this Code, tier I requirements for commercial projects, any applicable state law requirements, and the requirements of this section. All demolition-only projects shall meet the minimum diversion requirements set forth by the California Green Building Standards Code. For the purposes of determining whether a project meets the foregoing threshold, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP Compliance Official, shall be deemed a single project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a project. Failure to include such a condition shall not relieve the project applicant from complying with this chapter. No building, site development, or demolition permit shall be issued for a project unless and until the WMP Compliance Official has approved a WMP for the project. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of penalty and enforcement mechanisms set forth in Sections 11.22.080 and 11.22.090 below.
(Ord. 2008-14; Ord. 2021-17)
A.
Waste Management Plan (WMP) Forms. Applicants for any project subject to the requirements outlined in Section 11.22.030 of this chapter shall complete and submit a waste management plan ("WMP") on a form approved by the City for this purpose before a building or demolition permit may be issued and be required to pay a WMP review fee, if any. The WMP shall be submitted for review with the first plan check of an individual project or at the first check of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following:
1.
Estimated
weight of project C&D debris, by materials type, to be generated;
2.
The minimum required percentage set forth in Section 11.22.030 of this chapter of all C&D debris generated by the project that must be diverted;
3.
Maximum
weight of such materials that can feasibly be diverted via reuse or
recycling;
4.
Vendor(s)
or facility(ies) that the applicant proposes to use to collect or
receive that material;
5.
Estimated
weight of C&D materials that will be landfilled; and
6.
Total
square footage of the project.
B.
Calculating
Weight of Debris: In estimating the weight of materials identified
in the WMP, the applicant shall use the standardized conversion rates
approved by the City for this purpose.
C.
Deconstruction.
In preparing the WMP, projects involving the removal of all or part
of an existing structure shall consider deconstruction, to the maximum
extent feasible, and shall make the materials generated thereby available
for salvage prior to sending to a landfill.
(Ord. 2008-14; Ord. 2021-17)
A.
Approval.
Notwithstanding any other provision of this chapter, no permit shall
be approved for any project unless and until the WMP Compliance Official
has approved the WMP. Approval shall not be required, however, where
an emergency demolition, as determined by the WMP Compliance Official,
is required to protect public health or safety. The WMP Compliance
Official shall only approve a WMP if he or she first determines that
all of the following conditions have been met:
2.
WMP must indicate that the minimum required percentage of all C&D debris generated by the project, as set forth in Section 11.22.030 of this chapter, will be diverted.
If the WMP Compliance Official determines that all of the above
conditions have been met, he or she shall mark the WMP "Approved"
and notify the Building Division that the WMP has been approved.
B.
Non-approval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that the minimum required percentage set forth in Section 11.22.030 of this chapter of all C&D debris generated by the project will be reused or recycled, he or she shall either:
1.
Contact
the applicant to discuss the WMP, make recommendations for additional
diversion, and obtain and note verbal confirmation from the applicant
of changes to the WMP that would meet the requirements of this chapter;
or
2.
Return
the WMP to the applicant marked "Denied," including a statement of
reasons, and so notify the Building Division, which shall withhold
permit issuance until the WMP is resubmitted and approved; or
3.
Return
the WMP to the applicant marked "Further Explanation Required."
C.
Notwithstanding
any other provision of this Code the decisions of the WMP Compliance
Official with regard to this section shall be final.
(Ord. 2008-14)
A.
Documentation. Prior to final building approval, the applicant shall submit to the WMP Compliance Official documentation that it has met the diversion requirement for the project. If the applicant does not submit the required documentation, he or she may be subject to an administrative penalty or enforcement action as described in Sections 11.22.080 and 11.22.090 of this chapter. The diversion requirement shall be the minimum percentage set forth in Section 11.22.030 of the total C&D debris generated by the project via reuse or recycling. Provided, however, that an applicant granted an exemption pursuant to Section 11.22.070 of this chapter shall be required to comply with the maximum feasible diversion rate established by the WMP Compliance Official for that project. The documentation for compliance shall include all of the following:
1.
Copies
of all receipts from the vendor(s) or facility(ies) which collected
or received each material showing the actual weight of that material.
2.
A
copy of the previously approved WMP for the project adding the actual
weight of each material diverted and landfilled.
3.
Any
additional information the applicant believes is relevant to determining
its efforts to comply in good faith with this chapter.
B.
Weighing
of Wastes. Applicants shall make reasonable efforts to ensure that
all C&D debris diverted or landfilled is measured and recorded
using the most accurate method of measurement available. To the extent
practical, all C&D debris shall be weighed by measurement on scales.
Such scales shall be in compliance with all regulatory requirements
for accuracy and maintenance. For C&D debris for which weighing
is not practical due to small size or other considerations, a volumetric
measurement shall be used. For conversion of volumetric measurements
to weight, the applicant shall use the standardized conversion rates
approved by the City for this purpose.
C.
Determination of Compliance and Assessment of an Administrative Penalty. The WMP Compliance Official shall review the information submitted under Sections 11.22.040 and 11.22.050 of this chapter and determine whether the applicant has complied with the diversion requirement, as follows:
1.
Full
Compliance. If the WMP Compliance Official determines that the applicant
has fully complied with the diversion requirement applicable to the
project, he or she shall approve the final WMP report.
2.
Good Faith Effort to Comply. If the WMP Compliance Official determines that the diversion requirement 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 chapter. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with this Chapter 11.22 of this chapter, he or she may approve the final WMP report or assess an administrative penalty as described under Section 11.22.080 of this chapter. Any penalty assessed must be paid to the City prior to final building approval.
3.
Noncompliance. If the WMP Compliance Official determines that the applicant has not made a good faith effort to comply with this Chapter 11.22, or if the applicant fails to submit the documentation required by Section 11.22.060(A) of this chapter, then the applicant may be assessed an administrative penalty as described under Section 11.22.080 of this chapter and/or be prosecuted for a criminal violation under Section 11.22.090 of this chapter or use any other legal remedy which may be available. Any penalty assessed must be paid to the City prior to final building approval.
4.
The
WMP Compliance Official upon determining noncompliance with this chapter
shall notify the applicant of the WMP report findings. The notice
shall be in writing and shall identify the specific noncompliance
with the WMP by the applicant and inform the applicant that it has
a right to a hearing to appeal the decision of the WMP Compliance
Official. The applicant's request for a hearing must be made in writing
and received by the City Manager no later than the City's close of
business on the seventh calendar day from the mailing date (as determined
by postmark) of the noncompliance notice. Appeal of a determination
made under this chapter by the WMP Compliance Official shall be filed
with the City Manager and heard by an impartial hearing officer. A
hearing shall be held no earlier than 10 calendar days and no later
than 30 calendar days following the receipt by the City Manager of
the written request for hearing. The applicant shall be permitted
to submit evidence. The rules of evidence shall not apply. The hearing
officer may consider any relevant evidence. The applicant shall not
be entitled to cross-examine any witnesses. The applicant shall be
notified in writing of the decision of the hearing officer.
Notwithstanding any other provision of this Code (including Section 11.22.020) the decision of the hearing officer shall be final. If the hearing officer determines that the applicant has failed to comply with the WMP as required by Section 11.22.060(A) of this chapter, then the applicant may be assessed an administrative penalty as described under Section 11.22.080 of this chapter and/or be prosecuted for a criminal violation under Section 11.22.090 of this chapter or use any other legal remedy which may be available.
(Ord. 2008-14; Ord. 2021-17)
A.
Application. If an applicant for a project subject to the requirements of Section 11.22.030 of this chapter experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 11.22.040 of this chapter. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.
B.
Meeting
with WMP Compliance Official. The WMP Compliance Official shall review
the information supplied by the applicant and may meet with the applicant
to discuss possible ways of meeting the diversion requirement.
C.
Granting
of Exemption. The WMP Compliance Official shall issue an infeasibility
exemption if he or she can make one or more of the following findings:
1.
That
circumstances exist which are unique to the project to the effect
that compliance with the provisions of this chapter would create an
unusual burden on the project which is different than that of similarly
situated properties; or
2.
That
for a specific project compliance with this chapter would result in
minimal or no increase in recycled materials or reduction in waste
stream; or
3.
That
diversion of one or more substances involved in the project presents
unique and burdensome obstacles and would create an especially onerous
economic burden on the project unless diversion of that substance
is reduced or eliminated.
If the WMP Compliance Official is able to make one or more of
the above findings for a project he or she may excuse the project
from compliance with this chapter or determine the maximum feasible
reduced diversion rate for each material and shall indicate this rate
on the WMP submitted by the applicant. The WMP Compliance Official
shall return a copy of the WMP to the applicant marked "Approved for
Exemption" and shall notify the Building Division that the WMP has
been approved.
D.
Denial of Exemption. If the WMP Compliance Official is unable to make any of the findings required by Section 11.22.070(C) above, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with Section 11.22.040 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 11.22.040 of this chapter, the WMP Compliance Official shall deny the WMP in accordance with Section 11.22.050(B) of this chapter. Notwithstanding any other provision of this Code the determination of the WMP Compliance Officer shall be final.
(Ord. 2008-14; Ord. 2021-17)
Any applicant who does not comply with any requirement of this
chapter shall be assessed an administrative penalty of $1,000.00 or
one percent of the total cost of the project, whichever is greater.
The WMP Compliance Official upon determining noncompliance with this
chapter shall notify the applicant of the penalty assessed against
it. The notice shall be in writing and shall identify the amount of
the penalty assessed, the specific noncompliance for which the penalty
is being assessed and inform the applicant that it has a right to
a hearing to appeal the validity or amount of the assessed penalty
pursuant to Section 11.22.060(C)(4).
(Ord. 2008-14; Ord. 2021-17)
Any person responsible for violation of any provision of this
chapter shall be guilty of a misdemeanor. Nothing in this chapter
shall preclude the City from initiating a civil action to enforce
the provisions of this chapter. If the City shall prevail in any such
civil action it shall be entitled to attorney fees.
(Ord. 2008-14; Ord. 2021-17)
Appeal of a determination made under this chapter by the WMP Compliance Official shall be filed with the City Manager and heard by an impartial hearing officer, as described in Section 11.22.060(C)(4) of this chapter. The appeal shall be in writing and filed with the City Manager with-in 10 days of receipt of the WMP Compliance Official's decision by the appellant. Appeals shall be limited to whether the applicant made a good faith effort to comply with the WMP. The applicant shall be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this Code (including Section 11.22.020) the decision of the hearing officer shall be final. Any penalty assessed must be paid to the City prior to final building approval. Nothing in this chapter precludes the use of any other type of enforcement if administrative fines are imposed under this section.
(Ord. 2008-14; Ord. 2021-17)
