HomeMy WebLinkAbout2006-09-26 - ORDINANCES - MUNICODE AMEND (2)ORDINANCE NO. 06-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
THE MUNICIPAL CODE DUE TO ORGANIZATIONAL CHANGES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the following chapters of the Municipal Code are hereby amended to
include the updates shown on Exhibit "A" attached:
• Chapter 2.10 — City Clerk
• Chapter 2.12 — Department of Finance
• Chapter 2.17 — Department of Public Works
• Chapter 2.18 — Department of Community Development
• Chapter 2.19 — Department of Parks, Recreation and Community Services
• Chapter 10.04 — Stormwater and Urban Runoff Pollution Control
• Chapter 11.44 — Noise Limits
• Chapter 13.24 — Newsracks
• Chapter 15.46 — Construction and Demolition Materials Management
• Chapter 18.02 — Amendments to UBC Chapter 1; Administrative Provisions
• Chapter 19.02 — Amendments to Article 89 of the CA Electrical Code; Administration
• Chapter 20.02 — Amendments to UPC Chapter 1; Administrative Provisions
SECTION 2. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 10th day of October, 2006.
MAYOR
ATTEST:
2LC — 0�
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 06-7 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of September, 2006. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 10th day
of October, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, Smyth, McLean, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 06-7, adopted by the City Council of the City of
Santa Clarita, CA on October 10, 2006, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk
Sections:
2.10.010
2.10.020
2.10.030
Chapter 2.10
CITY CLERK
Authority for Office.
Compensation.
Functions.
2.10.010 Authority for Office.
The office of the City Clerk is established pursuant to Section 36501 of the Government
Code of the State. (Ord. 87-2, 12/15/87)
2.10.020 Compensation.
The City Clerk shall receive such compensation and expense allowance as the City
Council shall from time to time determine, and such compensation shall be a proper
charge against such funds of the City as the City Council shall designate. (Ord. 87-2,
12/15/87)
2.10.030 Functions.
The City Clerk shall have all of the powers, duties, and responsibilities granted to and
imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of
Division 3 of Title 4 of the Government Code of the State, other general laws of the State,
the provisions of this Code, and the ordinances and resolutions of the City Council.
The principal functions of the City Clerk shall be to:
A. Attend all meetings of the City Council and be responsible for the recording and
maintaining of a record of all the actions of the Council;
B. Keep all ordinances and resolutions of the Council in such a manner that the
information contained therein will be readily accessible and open to the public. The City
Clerk shall attach to the original copy of each ordinance a certificate which shall state the
date the ordinance was adopted and, as to an ordinance requiring publication, that the
ordinance has been published or posted in accordance with law;
C. Keep all records of the Council and of the office of the City Clerk in such a manner
that the information contained therein will be readily accessible and open to the public until
such time as any of the records may be destroyed, or reproduced and the original
destroyed, in accordance with State law;
D. Serve as the official custodian of all City records;
E. Be the custodian of the seal of the City;
F. Prepare the Council agendas, in conjunction with and under the direction of the City
Manager;
G. Perform the duties prescribed by the Elections Code of the State in conducting
municipal elections;
H. Perform the duties imposed upon City Clerks by the California Political Reform Act;
I. Be responsible for the publication of all the official advertising for the City;
J. Be responsible for the maintenance and distribution of the Municipal Code;
K. Process all claims filed against the City and its officers, agents, or employees,
pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of Title 1 of the Government
Code of the State and Chapter 3.16 of Title 3 of this Code;
L. The financial and accounting duties imposed on the City Clerk by the Government
Code of the State are hereby transferred to the "Director of Finance" and the City Clerk is
hereby relieved of such duties, in accordance with the provisions of Sections 37209 and
40805.5 of the Government Code of the State; and
M. Perform such other duties consistent with this Code as may be required of the City
Clerk, by the City Council, the City Manager and/or designee, City ordinances and
resolutions and State law. (Ord. 87-2, 12/15/87)
Chapter 2.12
DEPARTMENT OF ADMINISTRATIVE SERVICES
Sections:
2.12.100 Department of Administrative Services.
2.12.200 Office Established.
2.12.300 Powers and Duties.
2.12.400 Bond.
2.12.100 Department of Administrative Services
There is hereby created and established a Department of Administrative Services which
shall consist of such personnel as may be authorized by the City Council and/or assigned
by the City Manager. (amend. Ord. 91-34, 8/27/91, Ord. 88-18, 4/28/88)
2.12.200 Office Established.
There is hereby established the position of Director of Administrative Services ("Director of
Finance" for the purposes of Sections 37209 and 40805.5 of the Government Code of the
State) which shall be appointed by and serve at the pleasure of the City Manager. The
position of Director of Administrative Services may be combined with any other office or
position not inconsistent therewith. (Ord. 88-18, 4/28/88; amend. Ord. 91-34, 8/27/91)
2.12.300 Powers and Duties.
The Director of Administrative Services shall be the head of the Department of
Administrative Services and shall be responsible for the performance of the following
duties: (amend. Ord. 91-34, 8/27/91)
A. Serve as the chief financial officer of the City and be charged with the
administration of the financial affairs of the City under the direction of the City Manager,
and have direct charge of and responsibility for all City personnel and equipment assigned
to the department. (amend. Ord. 91-34, 8/27/91)
B. Establish and maintain an organizational structure capable of performing the
services assigned to the department by the City Manager and/or the City Council.
C. Establish and maintain a general accounting system for the City government.
D. Advise and assist the City Council and the City Manager on all matters relating to
the fiscal affairs of the City.
E. Compile the annual budget expense and income estimates for the City Manager.
F. Supervise and be responsible for the disbursement of all monies and have control
over all expenditures to insure that budget appropriations are not exceeded. Audit all
purchase orders before issuance to insure that sufficient funds are appropriated and
available. Audit and approve before payment all bills, invoices, payrolls, or demands or
charges against the City and, with the advice of the City Attorney, when necessary,
determine the regularity, legality and correctness of such claims, demands or charges.
Prepare and submit to the City Council periodically a register of audited demands with his
affidavit attached thereto, as provided in the Government Code. Whenever a payment is
approved as hereinbefore provided, the Director of Administrative Services shall issue
payment by petty cash, check or electronic transfer, provided no payment shall be made
unless there is sufficient money in the fund upon which it is drawn or made to meet the
same. All checks drawn upon the city treasury for payment of any money shall be signed
by the City Manager and the Director of Administrative Services. The signatures of the
City Manager and the Director of Administrative Services may be affixed by a stamped or
digital facsimile.
G. Submit to the City Council, through the City Manager, a monthly statement of all
receipts and disbursements in sufficient detail to show the exact financial condition of the
City.
H. Collect all taxes, assessments, license fees and other revenues due the City and
receive all taxes or other money receivable by the City from the county, state or federal
government or from any court.
I. Concurrently assume the title of and serve as City Treasurer and be authorized to
act under the provisions of any law, ordinance or resolution requiring or permitting action
by a City Treasurer. (amend. Ord. 91-34, 8/27/91)
J. Investigate and enforce ordinances and regulations which may from time to time be
assigned to the Director of Administrative Services and/or the Department of
Administrative Services by the City Manager.
K. Perform the financial and accounting duties imposed on the City Clerk by the
Government Code of the State of California, such duties being transferred to the Director
of Administrative Services and the City Clerk being relieved of such duties, in accordance
with the provisions of Sections 37209 and 40805.5 of the Government Code of the State.
In addition, have all other powers and perform all other duties relating to accounting and
finance imposed on the City Clerk by this code or any city ordinance of by state law,
where not inconsistent with such provisions:
L. Perform such additional duties and functions as may be assigned or delegated from
time to time by the City Manager, city ordinances, resolutions and state laws governing
fiscal administration of the City. (Ord. 88-18, 4/28/88; (amend. Ord. 91-34, 8/27/91)
2.12.310 Write-off of Uncollectibles.
A. The Director of Administrative Services is hereby authorized to write-off as
uncollectible any delinquent account when the Director of Administrative Services
determines that the delinquent account is:
1. Uncollectible;
2. Possibly collectible but collection would not be reasonably cost effective taking into
consideration the probable necessary cost to the City in pursuing collection and the
likelihood of collection; or
3. Not a valid, enforceable claim of the City.
B. A write-off pursuant to this section is authorized solely to facilitate the keeping of
the books of account of the City, and under no circumstances shall any such write-off be
deemed or construed to prevent the City from collecting or enforcing payment of any such
account or claim at any time.
2.12.400 Bond.
The Director of Administrative Services shall execute a surety bond in an amount set by
the City Council. The premium shall be paid by the City. (Ord. 88-18, 4/28/88)
Sections:
2.17.100
2.17.200
2.17.300
Chapter 2.17
DEPARTMENT OF PUBLIC WORKS
Department of Public Works.
Office Established.
Powers and Duties.
2.17.100 Department of Public Works.
There is hereby created and established a Department of Public Works which shall consist
of such personnel as may be authorized by the City Council and/or assigned by the City
Manager. (Ord. 88-30, 7/14/88)
2.17.200 Office Established.
There is hereby established the position of Director of Public Works which shall be
appointed by and serve at the pleasure of the City Manager. The position of Director of
Public Works may be combined with any other office or position not inconsistent therewith.
(Ord. 88-30, 7/14/88)
2.17.300 Powers and Duties.
The Director of Public Works shall be the head of the Department of Public Works and
shall be responsible for the performance of the following duties:
A. Shall have direct charge of and responsibility for all City personnel and equipment
assigned to the department.
B. Establish and maintain an organizational structure capable of performing the
services assigned to the department by the City Manager and/or the City Council.
C. Compile an annual budget estimate for the Department of Public Works for the City
Manager.
D. Advise and assist the City Council and the City Manager on all matters relating to
the Public Works function of the City and provide technical advice to City departments,
divisions, offices, boards, commissions and other agencies. (amend. Ord. 91-35, 8/27/91)
E. Repealed. (amend. Ord. 91-35, 8/27/91)
F. Investigate and enforce ordinances and regulations that may from time to time be
assigned to the Director of Public Works and/or the Department of Public Works by the
City Manager.
G. Performs such other duties as the City Manager may from time to time assign.
(Ord. 88-30, 7/14/88)
Chapter 2.18
DEPARTMENT OF COMMUNITY DEVELOPMENT
Sections:
2.18.100 Department of Community Development.
2.18.200 Office Established.
2.18.300 Powers and Duties.
2.18.100 Department of Community Development.
There is hereby created and established a Department of Community Development which
shall consist of such personnel as may be authorized by the City Council and/or assigned
by the City Manager. (Ord. 88-15, 4/28/88)
2.18.200 Office Established. There is hereby established the position of Director of
Community Development which shall be appointed by and serve at the pleasure of the
City Manager. The position of Director of Community Development may be combined with
any other office or position not inconsistent therewith. (Ord. 88-15, 4/28/88)
2.18.300 Powers and Duties. The Director of Community Development shall be the
head of the Department of Community Development and shall be responsible for the
performance of the following duties:
A. Shall have direct charge of and responsibility for all City personnel and equipment
assigned to the department.
B. Establish and maintain an organizational structure capable of performing the
services assigned to the department by the City Manager and/or the City Council.
C. Compile an annual budget estimate for the Department of Community Development
for the City Manager.
D. Advise and assist the City Council, the Planning Commission and the City Manager
on all matters relating to planning, zoning and subdivisions.
E. Coordinate the preparation, adoption and administration of the General Plan and
the zoning ordinance.
F. Be responsible for the administration and enforcement of all zoning ordinances and
the subdivision ordinance and shall investigate and make recommendations to the City
Council and the Planning Commission on all applications for changes of zoning,
variances, lot division maps and subdivisions.
G. Be responsible for the investigation and enforcement of specific City ordinances
and regulations that may from time to time be assigned to the Director of Community
Development and/or the Department of Community Development by the City Manager.
H. Coordinate with the Chambers of Commerce and local organizations in promoting
and developing business and industrial opportunities.
I. Perform such other duties as the City Manager may from time to time assign. (Ord.
88-15, 4/28/88)
Chapter 2.19
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
Sections:
2.19.100 Department of Parks,
2.19.200 Office Established.
2.19.300 Powers and Duties.
Recreation and Community Services.
2.19.100 Department of Parks, Recreation and Community Services.
There is hereby created and established a Department of Parks, Recreation and
Community Services which shall consist of such personnel as may be authorized by the
City Council and/or assigned by the City Manager. (Ord. 88-31, 7/14/88; Ord. 05-1 § 2,
1/25/05)
2.19.200 Office Established.
There is hereby established the position of Director of Parks, Recreation and Community
Services which shall be appointed by and serve at the pleasure of the City Manager. The
position of Director of Parks, Recreation and Community Services may be combined with
any other office or position not inconsistent therewith. (Ord. 88-31, 7/14/88; Ord. 05-1 § 2,
1/25/05)
2.19.300 Powers and Duties.
The Parks, Recreation and Community Services Director shall be the head of the
Department of Parks, Recreation and Community Services and shall be responsible for
the performance of the following duties:
A. Shall have direct charge of and responsibility for all City personnel and equipment
assigned to the Department.
B. Establish and maintain an organizational structure capable of performing the
services assigned to the department by the City Manager and/or the City Council.
C. Compile an annual budget estimate for the Department of Parks, Recreation and
Community Services for the City Manager.
D. Advise and assist the City Council and the City Manager on all matters relating to
the parks, recreation and community services function of the City.
E. Investigate and enforce ordinances and regulations which may from time to time be
assigned to the Director of Parks, Recreation and Community Services and/or the
Department of Parks, Recreation and Community Services by the City Manager.
F. Perform such other duties as the City Manager may from time to time assign. (Ord.
88-31, 7/14/88;'91-33, 8/27/91; Ord. 05-1 § 2, 1/25/05)
Title 10
ENVIRONMENTAL PROTECTION
Chapter 10.04
STORMWATER AND URBAN RUNOFF POLLUTION CONTROL
Sections:
10.04.010
Definitions.
10.04.090
Notices of Violation—Administrative Orders—Enforcement.
10.04.010
Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively
ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the
meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System,
Clean Water Act Section 402, 33 U.S.C. Section 1342(p), including, but not limited to, 40 C.F.R. Section
122.2 and 40 C.F.R. Section 122.26(b), and Division 7 of the California Water Code, as they may be
amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by
the California Regional Water Quality Control Board—Los Angeles, as such permits may be amended from
time to time.
"Administrator" means the city staff person designated by the City Manager to administer the provisions of
this chapter.
10.04.090 Notices of Violation—Administrative Orders—Enforcement.
A. The Administrator, or the Administrator's designees, may issue notices of violation and
administrative orders to achieve compliance with the provisions of this chapter, any approved
stormwater pollution prevention plan or any permit issued pursuant to this chapter. Failure to
comply with the terms and conditions of such a notice of violation or an administrative order shall
constitute a violation of this chapter.
B. The City Attorney may bring civil and criminal actions to enforce this chapter, including, but not
limited to, the provisions of any administrative compliance order, any stormwater pollution
prevention plan or any permit issued pursuant to this chapter. (Ord. 03-05 § 1, 3/11/03)
Title 11
PUBLIC PEACE AND WELFARE
Chapter 11.44
NOISE LIMITS
Sections:
11.44.080 Special Noise Sources—Construction and Building.
11.44.080 Special Noise Sources—Construction and Building.
No person shall engage in any construction work which requires a building permit from the City on sites
within three hundred (300) feet of a residentially zoned property except between the hours of seven a.m. to
seven p.m. Monday through Friday and eight a.m. to six p.m. on Saturday. Further, no work shall be
performed on the following public holidays: New Year's Day, Independence Day, Thanksgiving, Christmas,
Memorial Day and Labor Day.
Emergency work as defined in Section 11.44.020(D) is permitted at all times.
The Department of Community Development may issue a permit for work to be done "after hours" provided
that containment of construction noises is provided. (Ord. 89-29, 1/23/90; Ord. 93-4, 3/9/93; Ord. 00-3,
2/8/00; Ord. 05-1 § 2, 1/25/05)
Title 13
HIGHWAYS
Division 1. Highway Permits
Title 13.24
NEWSRACKS
Sections:
13.24.070 Location – Permitted.
13.24.070 Location—Permitted.
A. Newsracks must be located near the curb (or if there is no curb, the edge of the roadway) or near the
property line as determined by the City Engineer. Where directed and permitted to place a newsrack
near the curb, the face of the newsrack must be between eighteen (18) and twenty-four (24) inches
from the curb face unless directed otherwise by the City Engineer. Where directed to place the
machine near the property line, the back of the machine must be within three (3) inches of the
property line unless directed otherwise by the City Engineer. No more than five (5) machines may
be located in a group, adjacent to the curb where parking is allowed, without a space of six (6) feet
being allowed for pedestrians, to separate the group from the next group.
B. Only permanent newsracks placed and maintained in compliance with the provisions of this chapter
will be permitted upon the public right-of-way.
I. Mounts must be bolted in place in accordance with specifications on file in the Department
of Public Works of the City and only at locations designated by the Department. (Ord. 05-3
§ 2, 2/22/05)
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.
15.46.220 City -Sponsored Projects.
Part 3. Construction and Demolition Materials Management Plans
15.46.300 Construction and Demolition Materials Management Plans.
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.
15.46.620 Determination of Compliance and Release of Diversion Security Deposit.
Part 7. Construction and Demolition Materials Management Plan Exemptions
15.46.710
Meeting with Administrator or the Administrator's Designee.
15.46.720
Granting of Exemption.
15.46.730
Denial of Exemption.
Part 8. Appeals
15.46.800 Appeal.
Part 9. Enforcement
15.46.900 Inspection.
15.46.930 Enforcement.
Part 1. 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 Recovery Act ("RCRA"), 42 U.S.C. Section 6901, et seq. and the regulations
implementing RCRA, as they may be amended from time to time.
"Administrator" means the city staff person designated by the City Manager to administer the provisions of
this chapter
"Applicant" means any person, firm, limited liability company, association, partnership, political
subdivision, goverment 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.
"Diversion requirement" means the diversion 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 Part 7 of this
chapter. If the applicant has been granted an exemption, the diversion requirement shall be the maximum
feasible diversion rate established by the Administrator or the Administrator's designee for the project. (Ord.
05-9, 6/28/05)
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 management plan
("C&DMMP"), to the Administrator or the Administrator's designee unless the 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 approved by the Administrator or the Administrator's designee, or
the project is an exempt project as defined in Section 15.46.210. 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 Administrator or the Administrator's designee. (Ord. 05-9, 6/28/05)
15.46.220 City -Sponsored Projects.
All of the City's construction, demolition, and renovation projects, except as provided below, and.regardless
of cost, shall be considered "covered projects" for the purposes of this chapter and 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 shall be prepared by the Director of Public Works
or Director's designee. The City is not 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)
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 and Safety
Division a construction and demolition materials management plan ("C&DMMP"), approved by the
Administrator or the Administrator's 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)
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 percent (3%) of estimated total project
cost or fifty thousand dollars ($50,000). The Administrator or the Administrator's designee may waive the
diversion security deposit if the diversion security deposit required pursuant to this section would be fifty
dollars ($50.00) or less. (Ord. 05-9, 6/28/05)
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 project unless
the Administrator or the Administrator's designee has approved the C&DMMP. The Administrator or the
Administrator's designee shall approve a C&DMMP if the Administrator or the Administrator's designee
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.
If the Administrator or the Administrator's designee determines that these three conditions have been met,
the Administrator or the Administrator's designee shall mark the C&DMMP "Approved," return a copy of
the C&DMMP to the applicant, and notify the Division of Building 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)
15.46.510 Disapproval.
If the Administrator or the Administrator's designee determines that the C&DMMP is incomplete or fails to
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 Administrator or the Administrator's designee shall either: (1) return the
C&DMMP to the applicant marked "Denied," including a statement of reasons, and so notify the Division of
Building and Safety, which shall then hold the project's permit, or (2) return the C&DMMP to the applicant
marked "Further Explanation Required," including a statement of reasons, and so notify the Division of
Building and Safety, which shall then hold the project's permit. If, during 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)
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 may submit
to the Administrator or the Administrator's designee documentation that the 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)
15.46.620 Determination of Compliance and Release of Diversion Security Deposit.
The Administrator or the Administrator's designee shall review the information submitted under Section
15.46.600 and determine whether the applicant has complied with the construction and demolition materials
management plan, as follows:
A. Full Compliance. If the Administrator or the Administrator's designee determines that the
applicant has fully complied with the construction and demolition materials management plan
applicable to the project, the Administrator or the Administrator's designee shall cause the full
diversion security deposit to be released to the applicant.
B. Good Faith Effort to Comply. If the Administrator or the Administrator's designee determines that
the construction and demolition materials management plan has not been complied with, the
Administrator or the Administrator's designee shall determine whether the applicant made a good
faith effort to comply with this chapter. In making this determination, the Administrator or the
Administrator's designee shall consider the availability of markets for 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 waste from the waste
stream. If the Administrator or the Administrator's designee determines that the applicant has made
a good faith effort to comply with this chapter, the Administrator or the Administrator's designee
shall approve the release of the diversion security deposit, or a 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. Noncompliance. If the Administrator or the Administrator's designee determines that the 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. Partial Refund. The Administrator or the Administrator's designee may authorize a partial 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%) by weight.
E. Refund of Erroneous Payment. The Administrator or the Administrator's designee may authorize
the refund of any diversion security deposit which was erroneously paid or collected.
F. Withdrawal of Permit Application. The Administrator or the Administrator's designee may
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. (Ord. 05-9, 6/28/05)
Part 7. Construction and Demolition Materials Management Plan Exemptions
15.46.710 Meeting with Administrator or the Administrator's Designee.
The Administrator or the Administrator's designee shall review the information supplied by the 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 Administrator's designee shall determine
whether it is possible for the applicant to meet the diversion requirement. (Ord. 05-9, 6/28/05)
15.46.720 Granting of Exemption.
If the Administrator or the Administrator's designee determines that it is not feasible for the applicant to
meet the diversion requirement, the Administrator or the Administrator's designee shall determine the
maximum feasible diversion rate for each material and shall designate this rate on the C&DMMP submitted
by the applicant. The Administrator or the Administrator's designee shall return a copy of the C&DMMP to
the applicant marked "Approved for Partial Exemption" and shall notify the Division of Building and Safety
that the C&DMMP has been approved. (Ord. 05-9, 6/28/05)
15.46.730 Denial of Exemption.
If the Administrator or the Administrator's designee determines that it is possible for the applicant to meet
the diversion requirement, the Administrator or the Administrator's designee 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 Administrator or the Administrator's designee 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)
Part 8. Appeals
15.46.800 Appeal.
Each applicant shall have the right to appeal any decision made by the Administrator or the Administrator's
designee to the City Manager or the City Manager's designee. The applicant must file a notice of appeal
from the ruling of the Administrator or the Administrator's designee with the City Clerk, with copy to the
Administrator or the Administrator's designee, not more than ten (10) calendar days after the notice of the
Administrator or the Administrator's designee's decision was placed 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)
15.46.900 Inspection.
The Administrator or the Administrator's designee may inspect project sites for compliance with this
chapter. (Ord. 05-9, 6/28/05)
15.46.930 Enforcement.
Enforcement may be undertaken by the City through its Administrator or the Administrator's designee, and
the City Attorney. (Ord. 05-9, 6/28/05)
Title 18
BUILDING CODE
Chapter 18.02
AMENDMENTS TO CHAPTER 1 OF THE UNIFORM BUILDING CODE; ADMINISTRATION
Sections:
18.02.060 Subsection 104.1 is Amended.
18.02.060 Subsection 104.1 is Amended.
Subsection 104.1 is amended to read as follows:
104.1 Creation of Enforcement Agency. There is established within the City of Santa
Clarita a division to be known as the "Building and Safety Division" under the
administrative and operational control of the City Building Official hereafter referred to as
the "Building Official." Ord. 05-1 § 2, 1/25/05
Title 19
ELECTRICAL CODE
Chapter 19.02
AMENDMENTS TO ARTICLE 89 OF THE CALIFORNIA ELECTRICAL CODE;
ADMINISTRATION
19.02.030 Section 89.12 Added.
Section 89.12 is added to read as follows:
89.12. Organization and Enforcement.
(A) Building and Safety Division. There is established within the City of Santa Clarita, a
division to be known as the Building and Safety Division under the administrative and
operational control of the City Building Official. (Ord. 05-8, 6/14/05)
Title 20
PLUMBING CODE
Chapter 20.02
AMENDMENTS TO CHAPTER 1 OF THE UNIFORM PLUMBING CODE
Sections:
20.02.020 Section 102.1 is Amended.
20.02.020 Section 102.1 is Amended.
Section 102.1 is amended to read as follows:
102.1. Administrative Authority. There is established within the City of Santa Clarita, a division to be
known as the Building and Safety Division under the administrative and operational control of the City
Building Official. (Ord. 02-8, 9/24/02; Ord. 05-1 § 2, 1/25/05)