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HomeMy WebLinkAbout2018-04-24 - AGENDA REPORTS - AMEND AND RESTATE CHAPTER 15.46 - GREEN BLDG STAND (2)6 Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: April 24, 2018 SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT TO ALIGN WITH CURRENT AND FUTURE SANTA CLARITA GREEN BUILDING STANDARDS DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council introduc OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT TO ALIGN WITH CURRENT AND FUTURE SANTA CLA BACKGROUND CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT, TO DIVISION 3 OF response to the passage of the California Integrated Waste Management Act of 1989 which required cities throughout the State to divert 50 percent of waste generated within their borders from landfills. At that time, the City of Santa Clarita's overall diversion rate was only 40 percent, potentially subjecting it to a $10,000 per day non-compliance fine. To help in achieving the required diversion rate, the City of Santa Clarita (City) implemented the Construction and Demolition (C&D) materials recycling program to encourage the diversion of highly recyclable C&D materials such as wood, cement, and bricks. At the time this ordinance was adopted, approximately 25 percent of the total waste stream attributed to Santa Clarita was Page 1 Packet Pg. 34 6 generated from construction activities. Implementation of the C&D recycling program has proven successful and is a major contributing factor in helping the City achieve a 64.65 percent overall diversion rate according to preliminary reports being reviewed by CalRecycle for 2016. The overall verifiable diversion rate for the C&D program is 88.1 percent for 2017. Proposed Changes The State of California has established a statewide goal of reaching 75 percent diversion by the year 2020. To that end, the State of California (State) mandates that local jurisdictions adopt and commence enforcement of the latest State building codes. The City has complied with this requirement since incorporation. The State published the 2016 green building code with an effective date for enforcement of January 1, 2017. On October 25, 2016, the City Council approved and adopted the State Green Building Standards Code as Title 25, the City Green Building Standards Code. With the adoption of the 2016 City Green Building Standards Code, it was found that there were discrepancies with current C&D requirements and the most recently adopted City Green Building Standards Code. In order to align with the City Green Building Standards Code, the following modifications to Chapter 15.46 are necessary: All projects subject to this requirement must divert, from the landfill, 65 percent of the materials removed from the construction site. This is an increase from the current 50 percent requirement. All new commercial structures that exceed 1,000 square feet or alterations that exceed $200,000 in value are required to participate in the C&D program. All new residential structures or projects where an existing residential structure would increase in area, volume or size will be required to participate in the C&D program. In addition to those changes required for consistency with the City Green Building Standards Code, staff is recommending additional changes. The current C&D recycling program requires a refundable maximum deposit assessed at three percent of the valuation of the project; up to $25,000. As a result of the commitment to the program that has been demonstrated by the development community, staff proposes a reduction of the deposit to two percent of the valuation of the project; up to $15,000 for development projects. However, in an effort to ensure compliance among the projects that have the greatest potential to divert C&D materials, staff is proposing an increase in the refundable maximum deposit assessed at 10 percent of the valuation of a demolition project; up to $15,000. Currently, if a demolition permit is pulled separately from an alteration or tenant improvement permit, the deposit required for the demolition work is significantly less than standard construction due to a smaller project valuation. However the potential for more recoverable debris is much greater. The low value of demolition projects combined with a three percent Page 2 Packet Pg. 35 6 deposit standard does not create enough incentive to encourage diversion or for reclamation of the deposit. The proposed increase in deposit percentage will encourage demolition projects to meet diversion requirements and that deposits are returned. In spite of the proposed deposit modifications, meeting or surpassing the newly required 65 percent diversion rate will not require additional effort on the part of the development community because they are already achieving this higher standard. Since 2013, the C&D program has produced a constant 77.3 percent diversion rate for the City. Lastly, the proposed code changes allow for surrendered deposits for projects that do not meet the diversion requirement to be used for programs aimed at achieving diversion from landfills. These proposed changes align Chapter 15.46 Construction and Demolition Materials Management to the 2016 and future Santa Clarita Green Building Standards Codes for consistent implementation of the requirements set forth by both codes. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None by the action. ATTACHMENTS Ordinance EXHIBIT A - Redline Version Page 3 Packet Pg. 36 6.a ORDINANCE NO. 18-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.46 OF TITLE 15, OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT TO ALIGN WITH CURRENT AND FUTURE SANTA CLARITA GREEN BUILDING STANDARDS WHEREAS, the State of California (State) requires by its Government Code that local jurisdictions adopt the latest State Building Standards Code; and WHEREAS, the 2016 California Green Building Standards Code was adopted by the City of Santa Clarita (City) as the City of Santa Clarita Green Building Standards Code on October 25, 2016; and WHEREAS, the State has adopted and published the 2016 California Green Building Standards Code, which became effective January, 1, 2017; and WHEREAS, the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill (AB 939), codified in substantial part at Public Resources Code ή 40000 et. seq., requires each local jurisdiction in the State to divert 50 percent of discarded materials (base year 1990, state methodology) from landfills, and transformation facilities; and WHEREAS, pursuant to California Constitution Article 11, ή 7, as implemented in part by Public Resources Code ή 40059, and the Santa Clarita Municipal Code Chapter 15.44, the City has the authority to regulate solid waste generation in the City; and WHEREAS, construction and Demolition (C&D) Materials and Inert Wastes constitute a substantial percentage of the waste stream in the State and these materials have significant potential for waste reduction and recycling; and WHEREAS, the reuse and recycling of C&D Materials and removal of Inert Wastes from 939 goals; and WHEREAS, except in unusual circumstances, it is feasible to divert at least 65 percent (65%) of all C&D Materials and Inert Wastes from Construction, Demolition, Grading, and Renovation Projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment of Chapter 15.46. Chapter 15.46. of the Santa Clarita Construction and Demolition Materials Management amended and restated to read in its entirety as shown in Exhibit A, which is attached hereto and incorporated herein by this reference. Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 37 6.a SECTION 2. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of 2018. ______________________________ MAYOR ATTEST: CITY CLERK DATE:___________________________ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 18- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2018. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the day of , 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). ______________________________ Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) CITY CLERK Packet Pg. 38 6.a EXHIBIT A Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 39 6.a Chapter 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT Sections: Part 1. Definitions 15.46.010 Definitions. Part 2. Covered Projects 15.46.200 Covered Projects. 15.46.210 Exempt Projects. 15.46.220 City-Sponsored Projects. 15.46.230 Compliance as a Condition of Approval. Part 3. Construction and Demolition Materials Management Plans 15.46.300 Construction and Demolition Materials Management Plans. 15.46.310 Calculating Volume and Weight of C&D Materials. 15.46.320 Deconstruction. Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits 15.46.400 Construction and Demolition Diversion Security Deposits. Part 5. Construction and Demolition Materials Management Plan Review 15.46.500 Approval. 15.46.510 Disapproval. Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 40 6.a Part 6. Refund and Return of Diversion Security Deposits 15.46.600 Application for Refund. 15.46.610 Documentation of Construction and Demolition Material Diversion. 15.46.620 Determination of Compliance and Release of Diversion Security Deposit. Part 7. Construction and Demolition Materials Management Plan Exemptions 15.46.700 Application. 15.46.710 15.46.720 Granting of Exemption. 15.46.730 Denial of Exemption. Part 8. Appeals 15.46.800 Appeal. 15.46.810 Decision by City Manager. Part 9. Enforcement 15.46.900 Inspection. 15.46.910 Civil Action. 15.46.920 Infraction. 15.46.930 Enforcement. Part 1. Definitions 15.46.010 Definitions. 15.46.010 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 15.44 of this code, if defined therein, and if not, by Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40000, et seq., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 41 6.a 42 U.S.C. Section 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time. provisions of this chapter. subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building and Safety Division for an applicable permit to undertake any covered project, as defined below, within the City. An applicant must comply with this chapter. any tenant improvements to a previously unoccupied existing facility or structure. nterior plumbing work, electrical work or mechanical work, or any combination of them. cash or letter of credit in a form acceptable to the City, submitted to the City pursuant to Part 4 of this chapter. discarded materials removed from premises of a covered project during construction, grading, remodeling, repair, demolition, deconstruction or renovation resulting from construction, renovation, grading, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, inert waste (including rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, stumps, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures, and grading. C&DMMP form, approved by the City for the purpose of compliance with this chapter, Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) submitted by the applicant for any covered project. Packet Pg. 42 6.a the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a construction and demolition materials management plan. erials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities. , ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. Disposal, and Recycling Section of the most recently adopted California Green Code adopted as unless the applicant has been granted an exemption pursuant to the section. If the applicant has been granted an exemption, the diversion requirement shall be designee for the project. from disposal in a landfill or transformation facility. See Public Resources Code Section 40124. s chapter. 21061.1, as it may be amended. shall have the meaning ascribed by Public Resources Code Section 41821.3(a)(1), as it may be amended. for which a building, demolition, grading or other similar permit is 40180, as it may Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) be amended. Packet Pg. 43 6.a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work. ed removal of construction or demolition materials from a permitted construction or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 2. Covered Projects 15.46.200 Covered Projects. Except as otherwise provided in this code, each applicant for a permit required by this code for a covered project also shall complete and submit a construction and demolition materials project is an exempt project, as defined below. No permit for a covered project shall be issued by the Division of Building and Safety unless the applicant for the permit has submitted to the Division of Building and Safety a construction and demolition materials management plan project as defined in the most currently adopted Construction Waste Reduction, Disposal and Recyc Division of Building and Safety may be concurrent with the review of the C&DMMP by the -9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.210 Exempt Projects. No construction and demolition materials management plan or construction and demolition materials management plan security deposit shall be required for any of the following: A. Work for which a building permit, demolition permit, and grading permit is not required; B. Equivalent or alternative waste reduction methods are developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist. Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 44 6.a C. The enforcing agency may make exceptions to the requirements of this Section when jobsites are located in areas beyond the haul boundaries of the diversion facility. D. Excavated soil and land-clearing debris. E. Projects for which only a plumbing permit, electrical permit or mechanical permit, or any combination of them, is required; F. Roofing projects that do not include significant fifty percent (50%) removal of the existing roof; G. Installation of swimming pools or spas; or H. Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.220 City-Sponsored Projects. t as provided below, shall be subject to all applicable provisions of this chapter. Prior to the start of any City construction or demolition activity, a construction and demolition materials management plan required to submit a diversion security deposit for City-sponsored covered projects. City projects limited to interior plumbing work, electrical work or mechanical work are not covered projects. City demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended, is not a covered project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.230 Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be a condition of approval of any permit for a covered project. (Ord. 05-9, 6/28/05) Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 45 6.a Part 3. Construction and Demolition Materials Management Plans 15.46.300 Construction and Demolition Materials Management Plans. Each applicant for a permit for any covered project shall complete and submit to the Building DMMP form approved by the City for this purpose. The completed C&DMMP, at a minimum, shall indicate all of the following: A. The estimated weight of project C&D materials, by materials type, to be generated; B. The maximum weight of C&D materials that it is feasible to divert, considering cost, energy consumption and delays, via reuse or recycling; C. The vendor or facility that the applicant proposes to use to collect, divert, market, reuse or receive the C&D materials; D. The estimated weight of residual C&D materials that would be transported for disposal in a landfill or transformation facility; and E. The estimated weight of inert waste to be removed from the waste stream and not disposed of in a solid waste landfill. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.310 Calculating Volume and Weight of C&D Materials. In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use standardized conversion rates approved by the City for this purpose. (Ord. 05-9, 6/28/05) 15.46.320 Deconstruction. In preparing the C&DMMP, applicants for permits 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 being transported for disposal in a landfill or transformation facility. (Ord. 05-9, 6/28/05) Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 46 6.a Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits 15.46.400 Construction and Demolition Diversion Security Deposits. Each applicant for a permit for a covered project, except the City, shall submit a construction and demolition diversion security deposit with the construction and demolition materials management plan. The amount of the diversion security deposit shall be calculated as the lesser of two percent (2%) of the estimated total project cost or fifteen thousand dollars ($15,000). The diversion security deposit required pursuant to this section would be fifty dollars ($50.00) or less. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06; Ord. 10-1 § 1, 2/9/10) Part 5. Construction and Demolition Materials Management Plan Review 15.46.500 Approval. Notwithstanding any other provision of this code, no permit shall be issued for any covered MP if the conditions have been met: (1) the C&DMMP provides all of the information set forth in Part 3 of this chapter; (2) the C&DMMP indicates that the diversion requirement will be met; and (3) the applicant has submitted an appropriate diversion security deposit in compliance with Part 4 of this chapter. have been met, th and Safety that the C&DMMP has been approved. Approval shall not be required if construction, demolition or grading is required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.510 Disapproval. Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) incomplete or fails to comply with the adopted Construction Waste Reduction, Disposal and Packet Pg. 47 6.a Recy reasons, and so statement of reasons, and so notify the Division of Building and Safety, which shall then hold the tonnage of C&D material and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill generated and/or recovered from the project is substantially different from the C&DMMP, the applicant shall submit an addendum to the original C&DMMP. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 6. Refund and Return of Diversion Security Deposits 15.46.600 Application for Refund. Within one hundred eighty (180) days after the completion of any covered project, the applicant applicant has met the diversion requirement for the project and apply for a refund of the diversion security deposit. This documentation may include all of the following: A. Receipts and gate tickets from the vendor or facility which collected or received C&D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; B. A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; and C. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.610 Documentation of Construction and Demolition Material Diversion. Applicants shall make reasonable efforts to ensure that all C&D materials diverted, or delivered Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) to disposal facilities for disposal, are measured and recorded using the most accurate method of Packet Pg. 48 6.a measurement reasonably available. To the extent practical, all C&D materials, and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials 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 standardized conversion rates approved by the City for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities. (Ord. 05-9, 6/28/05) 15.46.620 Determination of Compliance and Release of Diversion Security Deposit. Section 15.46.600 and determine whether the applicant has complied with the construction and demolition materials management plan, as follows: A. applicant has fully complied with the construction and demolition materials management plan diversion security deposit to be released to the applicant. B. Good Faith E determines that the construction and demolition materials management plan has not been applicant made a good faith effort to comply with this chapter. In making this determination, the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials and remove inert that the applicant has made a good faith effort to comply with this chapter, the Administrator or portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City. Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 49 6.a C. applicant has not made a good faith effort to comply with this chapter, or if the applicant failed to submit the documentation required by Section 15.46.600, within the required time period, then the diversion security deposit shall be retained by the City. D. refund when the diversion requirement has not been met. Any partial refund shall be in the same ratio as the demonstrated amount of diverted C&D waste and inert waste, respectively, waste bears to the required diversion by weight. E. authorize the refund of any diversion security deposit which was erroneously paid or collected. F. authorize the refund of any diversion security deposit if the permit application for a covered project is withdrawn or cancelled before any work has begun. G. Diversion security deposits retained by the City may be used only for: 1. Payment of diversion security deposit refunds; 2. Costs of administration of the program established by this chapter; and 3. Cost of programs to achieve diversion of materials from disposal at solid waste landfill. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.700 Application. If an applicant for a covered project experiences or anticipates unique circumstances that the applicant believes make it not feasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the C&DMMP required under Part 3 of this chapter. The applicant shall indicate on the C&DMMP the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it not feasible to comply with the diversion requirement. (Ord. 05-9, 6/28/05) Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 50 6.a 15.46.710 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 Administrator or the diversion requirement. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.720 Granting of Exemption. shall determine the maximum feasible diversion rate for each material and shall designate this shall notify the Division of Building and Safety that the C&DMMP has been approved. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.730 Denial of Exemption. ap shall deny the application for exemption and inform the applicant in writing of the denial and the reasons for the denial. The applicant shall have thirty (30) days after receipt of such notification to resubmit a C&DMMP form in full compliance with this chapter. If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this chapter, the ignee shall deny the C&DMMP, and the Building and Safety Division shall not issue a permit for that project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 8. Appeals 15.46.800 Appeal. Each applicant shall have the right to appeal any decision made by the Administrator or the Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) with the City Clerk, with a copy to the A Packet Pg. 51 6.a of appeal shall include all evidence and legal arguments which the applicant wishes the City, and any reviewing court, to consider. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.810 Decision by City Manager. The decision made by the City Manager, or the City Manage stating the legal and factual bases for the decision. The decision shall be final and conclusive. (Ord. 05-9, 6/28/05) Part 9. Enforcement 15.46.900 Inspection. ct project sites for compliance with this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.910 Civil Action. Violation of any provision of this chapter may be enforced by any means available to the City, including, but not limited to, an action for injunctive relief. In any civil enforcement action, person who is determined by a court of competent jurisdiction to have violated this chapter. (Ord. 05-9, 6/28/05) 15.46.920 Infraction. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within one year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. An applicant shall be guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the applicant. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have already been transported for disposal in a landfill or transformation facility, the violation shall be Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) fees incurred in connection with enforcement of this chapter. (Ord. 05-9, 6/28/05) Packet Pg. 52 6.a 15.46.930 Enforcement. designee, and the City Attorney. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Attachment: Ordinance (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 53 6.b EXHIBIT A Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 54 6.b Chapter 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT Sections: Part 1. Definitions 15.46.010 Definitions. Part 2. Covered Projects 15.46.200 Covered Projects. 15.46.210 Exempt Projects. 15.46.220 City-Sponsored Projects. 15.46.230 Compliance as a Condition of Approval. Part 3. Construction and Demolition Materials Management Plans 15.46.300 Construction and Demolition Materials Management Plans. 15.46.310 Calculating Volume and Weight of C&D Materials. 15.46.320 Deconstruction. Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits 15.46.400 Construction and Demolition Diversion Security Deposits. Part 5. Construction and Demolition Materials Management Plan Review 15.46.500 Approval. 15.46.510 Disapproval. Part 6. Refund and Return of Diversion Security Deposits 15.46.600 Application for Refund. 15.46.610 Documentation of Construction and Demolition Material Diversion. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 55 6.b 15.46.620 Determination of Compliance and Release of Diversion Security Deposit. Part 7. Construction and Demolition Materials Management Plan Exemptions 15.46.700 Application. 15.46.710 15.46.720 Granting of Exemption. 15.46.730 Denial of Exemption. Part 8. Appeals 15.46.800 Appeal. 15.46.810 Decision by City Manager. Part 9. Enforcement 15.46.900 Inspection. 15.46.910 Civil Action. 15.46.920 Infraction. 15.46.930 Enforcement. Part 1. Definitions 15.46.010 Definitions. 15.46.010 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 15.44 of this code, if defined therein, and if not, by Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40000, et seq., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and 42 U.S.C. Section 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time. provisions of this chapter. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 56 6.b subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building and Safety Division for an applicable permit to undertake any covered project, as defined below, within the City. An applicant must comply with this chapter. any tenant improvements to a previously unoccupied existing facility or structure. ject limited to interior plumbing work, electrical work or mechanical work, or any combination of them. cash or letter of credit in a form acceptable to the City, submitted to the City pursuant to Part 4 of this chapter. discarded materials removed from premises of a covered project during construction, grading, remodeling, repair, demolition, deconstruction or renovation resulting from construction, renovation, grading, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, inert waste (including rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, stumps, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures, and grading. C&DMMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project. the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a construction and demolition materials management plan. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 57 6.b Cov from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities. ing, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. required by the Construction Waste Reduction , Disposal, and Recycling Section of the most recently adopted California Green Code adopted as of at least fifty percent (50%), by weight, of the construction and demolition materials, other than inert waste, generated by a covered project by reuse or recycling, and that at least fifty percent (50%) of the inert waste is removed from the solid waste stream and not disposed of in a solid waste landfill, unless the applicant has been granted an exemption pursuant to the section Part 7 of this chapter. If the applicant has been granted an exemption, the diversion requirement shall be the maximum feasible diversion rate established liminate the amount of C&D material from disposal in a landfill or transformation facility. See Public Resources Code Section 40124. 21061.1, as it may be amended. 41821.3(a)(1), as it may be amended. 40180, as it may be amended. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 58 6.b building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work. olled removal of construction or demolition materials from a permitted construction or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 2. Covered Projects 15.46.200 Covered Projects. Except as otherwise provided in this code, each applicant for a permit required by this code for a covered project also shall complete and submit a construction and demolition materials project is an exempt project, as defined below. No permit for a covered project shall be issued by the Division of Building and Safety unless the applicant for the permit has submitted to the Division of Building and Safety a construction and demolition materials management plan pt project as defined in the most currently adopted Construction Waste Reduction, Disposal and Recycling Section of the California Green Code City of Santa Clarita Green Building Standards Code. Review of applications for permits for covered projects by the Division of Building and Safety may be concurrent with the review of the C&DMMP by the -9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.210 Exempt Projects. No construction and demolition materials management plan or construction and demolition materials management plan security deposit shall be required for any of the following: A. Work for which a building permit, demolition permit, and grading permit is not required; B. Any new residential construction project valuated at less than five hundred thousand dollars ($500,000) by Equivalent or alternative waste reduction methods Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 59 6.b are developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist. C. Any new nonresidential construction project valuated at less than five hundred thousand The enforcing agency may make exceptions to the requirements of this Section when jobsites are located in areas beyond the haul boundaries of the diversion facility. D. Residential alterations valuated at less than one hundred thousand dollars ($100,000) by the Excavated soil and land-clearing debris. E. Nonresidential alterations valuated at less than one hundred thousand dollars ($100,000) by FE. Projects for which only a plumbing permit, electrical permit or mechanical permit, or any combination of them, is required; GF. Roofing projects that do not include significant fifty percent (50%) removal of the existing roof; HG . Installation of swimming pools or spas; or I H. Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.220 City-Sponsored Projects. vation projects, except as provided below, shall be subject to all applicable provisions of this chapter. Prior to the start of any City construction or demolition activity, a construction and demolition materials management plan required to submit a diversion security deposit for City-sponsored covered projects. City projects limited to interior plumbing work, electrical work or mechanical work are not covered projects. City demolition or construction required to protect public health or safety in an emergency, as Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 60 6.b defined in Public Resources Code Section 21060.3, as it may be amended, is not a covered project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.230 Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be a condition of approval of any permit for a covered project. (Ord. 05-9, 6/28/05) Part 3. Construction and Demolition Materials Management Plans 15.46.300 Construction and Demolition Materials Management Plans. Each applicant for a permit for any covered project shall complete and submit to the Building designee, on a C&DMMP form approved by the City for this purpose. The completed C&DMMP, at a minimum, shall indicate all of the following: A. The estimated weight of project C&D materials, by materials type, to be generated; B. The maximum weight of C&D materials that it is feasible to divert, considering cost, energy consumption and delays, via reuse or recycling; C. The vendor or facility that the applicant proposes to use to collect, divert, market, reuse or receive the C&D materials; D. The estimated weight of residual C&D materials that would be transported for disposal in a landfill or transformation facility; and E. The estimated weight of inert waste to be removed from the waste stream and not disposed of in a solid waste landfill. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.310 Calculating Volume and Weight of C&D Materials. In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use standardized conversion rates approved by the City for this purpose. (Ord. 05-9, 6/28/05) 15.46.320 Deconstruction. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 61 6.b In preparing the C&DMMP, applicants for permits 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 being transported for disposal in a landfill or transformation facility. (Ord. 05-9, 6/28/05) Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits 15.46.400 Construction and Demolition Diversion Security Deposits. Each applicant for a permit for a covered project, except the City, shall submit a construction and demolition diversion security deposit with the construction and demolition materials management plan. The amount of the diversion security deposit shall be calculated as the lesser of three two percent (32%) of the estimated total project cost or twenty-five fifteen thousand dollars ($215,000), except for demolition permits which shall be calculated at ten percent (10%) of the estimated total project cost or a maximum of fifteen thousand dollars ($15,000). The diversion security deposit required pursuant to this section would be fifty dollars ($50.00) or less. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06; Ord. 10-1 § 1, 2/9/10) Part 5. Construction and Demolition Materials Management Plan Review 15.46.500 Approval. Notwithstanding any other provision of this code, no permit shall be issued for any covered first determines that all of the following conditions have been met: (1) the C&DMMP provides all of the information set forth in Part 3 of this chapter; (2) the C&DMMP indicates that the diversion requirement will be met; and (3) the applicant has submitted an appropriate diversion security deposit in compliance with Part 4 of this chapter. ark the C&DMMP and Safety that the C&DMMP has been approved. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 62 6.b Approval shall not be required if construction, demolition or grading is required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.510 Disapproval. incomplete or fails to comply with the adopted Construction Waste Reduction, Disposal and Recycling Section of the California Green Code adopted as tCity of Santa Clarita Green Building Standards Code Indicate that at least fifty percent (50%) of all C&D materials generated by the project will be reused or recycled, and fifty percent (50%) of all inert waste is to be removed from the waste stream and not disposed of in a solid waste landfill, the Building and Safety, whi uring the course of the project, the applicant determines that the estimated tonnage of C&D material and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill generated and/or recovered from the project is substantially different from the C&DMMP, the applicant shall submit an addendum to the original C&DMMP. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 6. Refund and Return of Diversion Security Deposits 15.46.600 Application for Refund. Within one hundred eighty (180) days after the completion of any covered project, the applicant applicant has met the diversion requirement for the project and apply for a refund of the diversion security deposit. This documentation may include all of the following: A. Receipts and gate tickets from the vendor or facility which collected or received C&D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 63 6.b B. A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; and C. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.610 Documentation of Construction and Demolition Material Diversion. Applicants shall make reasonable efforts to ensure that all C&D materials diverted, or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all C&D materials, and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials 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 standardized conversion rates approved by the City for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities. (Ord. 05-9, 6/28/05) 15.46.620 Determination of Compliance and Release of Diversion Security Deposit. The Administrator or Section 15.46.600 and determine whether the applicant has complied with the construction and demolition materials management plan, as follows: A. applicant has fully complied with the construction and demolition materials management plan diversion security deposit to be released to the applicant. B. e determines that the construction and demolition materials management plan has not been applicant made a good faith effort to comply with this chapter. In making this determination, the Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 64 6.b C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials and remove inert that the applicant has made a good faith effort to comply with this chapter, the Administrator or the Admin portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City. C. applicant has not made a good faith effort to comply with this chapter, or if the applicant failed to submit the documentation required by Section 15.46.600, within the required time period, then the diversion security deposit shall be retained by the City. D. refund when the diversion requirement has not been met. Any partial refund shall be in the same ratio as the demonstrated amount of diverted C&D waste and inert waste, respectively, waste bears to fifty percent (50%) the required diversion by weight. E. authorize the refund of any diversion security deposit which was erroneously paid or collected. F. authorize the refund of any diversion security deposit if the permit application for a covered project is withdrawn or cancelled before any work has begun. G. Diversion security deposits retained by the City may be used only for: 1. Payment of diversion security deposit refunds; 2. Costs of administration of the program established by this chapter; and 3. Cost of programs to achieve diversion of construction materials from disposal at disposal facilities solid waste landfill. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 7. Construction and Demolition Materials Management Plan Exemptions Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 65 6.b 15.46.700 Application. If an applicant for a covered project experiences or anticipates unique circumstances that the applicant believes make it not feasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the C&DMMP required under Part 3 of this chapter. The applicant shall indicate on the C&DMMP the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it not feasible to comply with the diversion requirement. (Ord. 05-9, 6/28/05) 15.46.710 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 Administrator or the diversion requirement. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.720 Granting of Exemption. applicant to meet the diversion requirement, the Administrator or the Admi shall determine the maximum feasible diversion rate for each material and shall designate this designee shall return a copy of the C&DMMP to the ap approved. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.730 Denial of Exemption. s designee determines that it is possible for the shall deny the application for exemption and inform the applicant in writing of the denial and the reasons for the denial. The applicant shall have thirty (30) days after receipt of such notification to resubmit a C&DMMP form in full compliance with this chapter. If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this chapter, the Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 66 6.b Safety Division shall not issue a permit for that project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Part 8. Appeals 15.46.800 Appeal. Each applicant shall have the right to appeal any decision made by the Administrator or the s designee ovided by the applicant. The notice of appeal shall include all evidence and legal arguments which the applicant wishes the City, and any reviewing court, to consider. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.810 Decision by City Manager. The d stating the legal and factual bases for the decision. The decision shall be final and conclusive. (Ord. 05-9, 6/28/05) Part 9. Enforcement 15.46.900 Inspection. The Adm this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) 15.46.910 Civil Action. Violation of any provision of this chapter may be enforced by any means available to the City, including, but not limited to, an action for injunctive relief. In any civil enforcement action, person who is determined by a court of competent jurisdiction to have violated this chapter. (Ord. 05-9, 6/28/05) 15.46.920 Infraction. Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 67 6.b Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within one year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. An applicant shall be guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the applicant. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have already been transported for disposal in a landfill or transformation facility, the violation shall be fees incurred in connection with enforcement of this chapter. (Ord. 05-9, 6/28/05) 15.46.930 Enforcement. designee, and the City Attorney. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06) Attachment: EXHIBIT A - Redline Version (AMENDMENTS TO CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT) Packet Pg. 68