HomeMy WebLinkAbout2018-05-08 - AGENDA REPORTS - CHAPTER 15.46 CONSTRUCTION AND DEMOLITION MATERIAL (2)4
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: May 8, 2018
SUBJECT: SECOND READING AND ADOPTION 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 adopt an ordinAN 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
BACKGROUND
At the regular meeting of the City Council on April 24, 2018, the City Council introduced and
passed to second reading an ordinance concerning amendments to Chapter 15.46 Construction
and Demolition (C&D) materials management.
Implementation of the C&D program has proven successful and is a major contributing factor in
helping the City of Santa Clarita (City) achieve a 64.65 percent overall diversion rate, according
to preliminary reports currently in review by CalRecycle for 2016. The overall verifiable
diversion rate for the C&D program is 88.1 percent for 2017.
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
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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 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 C&D 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
to 10 percent of the valuation of a demolition project, up to $15,000.
Lastly, the proposed code changes allow 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 this action.
ATTACHMENTS
C&DMMP Ordinance
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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 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:
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SECTION 1. Amendment of Chapter 15.46. Chapter 15.46. of the Santa Clarita
Municipal 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.
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 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.
th
PASSED, APPROVED, AND ADOPTED this 8 day of May, 2018.
______________________________
MAYOR
ATTEST:
CITY CLERK
DATE: ___________________________
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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 24th day of April, 2018. That thereafter, said
th
ordinance was duly passed and adopted at a regular meeting of the City Council on the 8 day of
May, 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 No. 18-
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
______________________________
CITY CLERK
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EXHIBIT A
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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.
15.46.620 Determination of Compliance and Release of Diversion Security Deposit.
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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.
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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,
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.
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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
be amended.
building permit or demolition permit but does not include a project limited to interior plumbing
work, electrical work or mechanical work.
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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.
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.
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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.
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
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
, on a C&DMMP form approved
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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)
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
f the
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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
a C&DMMP 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
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.
incomplete or fails to comply with the adopted Construction Waste Reduction, Disposal and
ment of 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
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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
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,
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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 Fa
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.
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
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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)
Part 7. Construction and Demolition Materials Management Plan Exemptions
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
eet the
diversion requirement. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)
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15.46.720 Granting of Exemption.
applicant to meet the diversion requirement, the
shall determine the maximum feasible diversion rate for each material and shall designate this
designee shall return a cop
approved. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)
15.46.730 Denial of Exemption.
If 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
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
must file a notice of appeal from the ruling of the
laced in the mail to the address provided 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.
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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.
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
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)
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