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Home My WebLink About2012/12/04 Item 08ITY COUNCIL STATEMENT ~~~ CITY OF ~'~- CHULA VISTA 12/4/12, Item_Q ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 8.25, "RECYCLING," SECTIONS 8.25.020, "DEFINITIONS," AND 8.25.095 "CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING," IN ACCORDANCE^'~-WITH THE 2010 CALIFORNIA GREEN BUILDING ST`~9Tj1-DARDS CODE SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~~I~~-~t}~ ADMINISTRATIVE RV CES MAN R ~- REVIEWED BY: CITY MANAGER- ASSISTANT CITY ANAGEF 4hTHS VOTE: YES ~ NO SUMMARY The Califomia Green Building Standards Code (Title 24, Part 11) ("CALGreen Code") establishes mandatory minimum Green Building Standards, with which local jurisdictions are required to comply. The 2010 CALGreen Code took effect on January 1, 2011 and was amended, effective July 1, 2012. Changes to Sections 4.408 acid 5.408 of the CALGreen Code require conforming amendments to Chula Vista Municipal Code Sections 8.25.020, "Definitions," and 8.25.095, "Conshuction and Demolition Debris Recycling," to allow for enforcement. This proposed ordinance would make those conforming amendments to Chapter 8.25. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. Thus, no enviromnental review is necessary. RECOMMENDATION That the City Council introduce the ordinance and pass it to a second reading for final passage and adoption. 8-1 12/4/12, Item g' Page 2 of ~ BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The California Building Standards Commission (CBSC) mandates that jurisdictions enforce the CALGreen Code. Every three years, the State adopts and amends the newest model codes published by the various independent code-developing bodies. Chapter 8.25 of the City's Municipal Code sets forth certain recycling requirements. These proposed amenchnents to Chula Vista Municipal Code Section 8.25 are necessary to conform to the California building code standards. In addition, the amendments would do the following: (i) remove "letter of credit" from the definition of "Performance deposit" because the City no longer accepts letters of credit as a form of deposit; and (ii) allow the Public Works Director to update the Waste Management Report administratively in order to ensure continued and timely updates to comply with the CALGreen. Code. The specific proposed amendments are reflected in a redline/strikeout format below: "Chula Vista Municipal Code Chapter 8.25 Recycling 8.25.020.UU1. "Pexfonnance deposit" means cash, money order, check, ~°~~r, or surety bond in the amount set forth in CVMC 8.25.095(B)(3). 8.25.095 Construction and demolition debris recycling. The provisions of this chapter shall outline the means of achievine compliance with California Green Building Standards Code (Title 24 Part II 4 408 and 5 408) and Phis code Where this code is more stringent this code applies. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project rewiring a permit for demolition or construction, w~}i-a--prejeet r Q-rn nnn .._ unless defined as anon-covered. project in subsection (A)(34) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Any individually built single-family home. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered covered projects and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 8-2 12/4/12, Item Page 3 of 5 3 Tenant imnrovements erecter than 1,000 square feet but less than 10,000 square feet, and individual sin¢le-family home construction, remodel, addition or renovation shall submit a waste mana>ement report only No performance deposit is required 34. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: a. Work for which a construction or demolition permit is not required. b. Roofing projects that do not inchide tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than ~9~9991,000 square feet ~~'~°-~~ ~~ °'-°~^'~'~'^, ,.":L,'".. a f. Emergency required to protect public health and safety. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Fonns. Applicants for any covered project shall complete and submit a constii~uction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR may be administrativel~pdated by the Public Works Director or desi^nee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per CVMC 8.25.020(06) and the California Green Buildin>z Standards Code Sections 4.408 and 5.408.: Upon project completion, the WMR will illustrate how the applicant complied with the diversion requirements. ~ "~,7-^~~^~1+all n 1 F 1 ti lT ,fD 1 II L i.. :k,.A F,... ,.e..; ,..., .+,] ., ~.,1 ., r rn - A I' :• Ti+ QIT TD :11 :ao +r: F.', rho f sao .,F ~.,,d--rt~r~ ~s-(-~'eepeled rea~ed or+ site ^lv^g°d ,a: Y ~a~ D.... , .r rl+ IS IT RD nr,nll :...,,1...7... Tl ,l .. r: , ..+ ,.F + ~r...,.._tinn .10.„„l;r; ,+.+ Aol..:.. 1+.. D ~~ e .1' 11 F }, F 11 ... ..,;.a. T1.,+ r.,.+e ,+F .+,...: ~..r. TI .,I n ., f ..r.,..o ., „___ _1 ..r. o Tl- 1 1 fl+o»v.~ 1 F ~ ..r.~ ,.r: .+.] A~ .,1:r; .+~L-a.'~ Tr 1 1 a 1, F t: ,+... .,.+,] .1.. «.,+I;r: ,..+ .l,~l+.: > 0 > 8-3 12/4/12, Item d Page 4 of 5 TL. ..,.a.,nl nl......, rtl..a ,.F ,. .. na«..n ti.... ..,1 .7 n....nl:a;,.« ,l tel. w:,. ' Tho nna..nl .,n l...„.. n ' Tht nF n ..nt..,.n .~ a: n., n...l An... nl:r: n., Anl.«;,. .nl n,l n4 .,ntw.,nr: n., n.,,i do.,~.nl;r:n., d ~l,r:n . ,nl:.,n/..«nn b ~nn:.,,. D Tl..n . ...lnw,. ,.« Fnn:l:a:n n al.n, .l.n n ..l;nn..t . and .n nnnnn. n hhn .. .na...,na: n,. n...l dn... nl: a; n., dnl.«:n . D f'I 1.. ~7: n4n TT....; n:..nl !`n,ln 4 7C /lOC nl,nll rl,o_rrn,~d_~.~1:-,n,] ~~ .. Nann >,i i a n .,l ,. n,l >,, «w~r~r'~;~:,-^parpe~~ o. Rstaal, 'o~ ,.w .~~ 2. Initial Application. Notwithstanding any other provision of this code and California Green Buildin^ Standards Code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the WMR Compliance Official The WMR Compliance Official will respond to the applicant's WMR submittal within ]0 business days with an approval, denial or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Official will then have three business days to complete the review. If the review is not completed within three business days afrer the notification, the deposit requirement will be waived. 3. Amount of Perfom7ance Deposit. The applicant for any covered project shall submit to the City a performance deposit, with the exception of City-sponsored projects, tenant improvements greater than 1,000 square feet but less than 10,000 square feet, and individual_1single-family homes construction, remodel addition or renovation projects. -_The amount of the performance deposit shall be calculated as the lesser of three-quarters of one percent of the total project cost for new construction and one and one-half percent of the total project costs for demolition projects or $30,000 maximrun. Acceptable forms of payment include cash, money order, check, or sw~ety bond. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of Califolnia, are subject to regulation by the Deparhnent of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any project with a performance deposit calculated at $10,000 or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured accowlt, subject to interest. The performance deposit and accrued interest shall be returned to the applicant upon acceptance of proof of compliance in full If partial compliance, the perfornance deposit and associated interest will be refmided on a prorated basis dependent on the degree of compliance. The City will retain the interest on any deposit funds not refunded." DECISION MAKER CONFLICT Staff has determined that the recommendations requiring Council action are not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, 8-4 12/4/12, Item < Page 5 of 5 nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There are no increases in fees or expenses to the General Fund proposed in this action. The costs associated with the modifications to the Waste Management Report, printing and related trainings are included in the Environmental Services Fund. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts to the General Fund as a result of this action. Any costs will be covered under the Environmental Services Fund. ATTACHMENTS None. Prepared by: Lynn France, Emb~onmental Services Program Manager, Pu6(ic Works Deparnnent Id.\PUBL]C WORKS- ENG\AGENDA\CAS2012\72-04-12\CAS -Green Buildine Standards 12-4-?012FINAL.doc a-5 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 8.25, "RECYCLING," SECTIONS 8.25.020, "DEFINITIONS," AND 8.25.095 "CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING," IN ACCORDANCE WITH THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE WHEREAS, the California Green Building Standards Code (Title 24, Part 11) ("CALGreen Code") establishes mandatory minimum Green Building Standards, with which local jurisdictions are required to comply; and WHEREAS, the California Building Standards Commission mandates that jurisdictions in California enforce the Green Building Standards Code; and WHEREAS, the City of Chula Vista adopted the Green Building Standards Code into the Municipal Code in November 2010; and WHEREAS, the City of Chula Vista adopted the Construction and Demolition Debris Recycling Ordinance (2008) as part of the comprehensive integrated waste management plan to divert materials from landfill disposal to beneficial reuse and recycling (AB 939 -The Waste Management Act); and WHEREAS, diverting materials from landfill disposal to beneficial reuse positively impacts resource conservation, reduces greenhouse gas emissions, and enhances the local enviromnent/community; and WHEREAS, the 2010 CALGreen Code took effect on January 1, 2011 and was amended, effective July 1, 2012; and WHEREAS, changes to Sections 4.408 and 5.408 of the CALGreen Code require conforming amendments to Chula Vista Municipal Code Sections 8.25.020, "Definitions" and 8.25.095 "Construction and Demolition Debris Recycling," to allow for enforcement of the California Green Building Standards Code. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L 50=ha#-c.~.tgn 4 '> 0?Q _ sul~tieciion t L' l__ aid sec;<7n ° Z~.li4, y,Al~~vf «x.G :1, __:, ..of Chapter 8.25.."Reccclin~.° of the Chula Vista Municipal Code ~irc,is amended ter reab-as follows: 4 #s;~~t~=--8~-12eeyeFircg 8-6 Ordinance Page 2 8.25.020.UU1. "Performance deposit" means cash, money order, check,'°,T, or surety bond in the amount set forth in CVMC 8.25.095(B)(3). 8.25.095 Construction and demolition debris recycling. The provisions of this chanter shall outline the means of achieving compliance with California Green Building Standards Code (Title 24 Part II 4.408 and. 5.408) and this code. Where this code is more stringent, this code applies. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project requiring a permit for demolition or construction, ° ~*'• ° ~~°~°°` • °'~~°'~°~- w ern nnn ,...,,,..° unless defined as anon-covered project in subsection (A)(34~ of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Any individually built single-family home. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered covered projects and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 3. Tenant improvements Greater than 1,000 square feet but less than 10,000 square feet, and individual single-family home construction, remodel, addition or renovation shall submit a waste management report only. No performance deposit is required. 34.. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: a. Work for which a construction or demolition permit is not required. b. Roofing projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than ~-00891 000 square feet-, -•~'•°°° ~° ~`~~°'~•-°"•~•~'a~~d -~°a~`~°°'~°~~ °a tea: £ Emergency required to protect public health and safety. B. Submission of Waste Management Report. 8-7 Ordinance Page 3 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR lnay be administratively updated by the Public Works Director or designee to meet the requirements o_f the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per CVMC 8.25.020(06) and Che California Green Building Standards Code Sections 4.408 and 5.408. Upon project completion, the WMR will illustrate how the applicant complied with the diversion T7. \i7A AD 1. 11 .]- ..11 ..F+l.e F~I1.... :.. ,.. requirements. ~ • • --•~ n 1 r+>- \77TATJ 1- 111. w a r ..,1 .. ..,1 .. .+,.: „r .7 1' Tl.,, lS/TAD ..:11 :,7,-..+: F.. +l. e +....o ..F .V.~+ur:~l.. ,. +,.,1 +,. L.,, r ' . e , ..,.A\ D.. «+ 1 ,. i a A .1...1... F H.o Q7T AA ~h..ll :., y e ~1 , Tl,o +. ..F.. ~.~ l l 1 : 1 Tl; 1 1 - 1. a r ..+« ..+: ..,1 ,7.~ ..1:+:.. .lol.« .. ..+,-.. s ,,, ,. +... xn l ~; a r; 1 7 F il Tl 1 1 1. a F ~+.~, ...+: ...1 .le ..1:•: .7 o .r ~ r o ,. .,... . ~ __ ~ ____ . _ ' ~~~ c l Tl-- -.] 1, r 1 1, ...1: ..+. oa+.. . e .llo..+ _ e+ .e o rr _ ' 2. Initial Application. Notwithstanding any other provision of this code and California Green Building, Standards Code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant's WMR submittal within 10 business days with an approval, denial or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 8-8 Ordinance Page 4 3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a performance deposit, with the exception of City-sponsored projects, tenant improvements greater than 1 000 square feet but less than 10,000 square feet, and individual '~-~i'~single- family homes construction, remodel, addition or renovation proiects. The amount of the performance deposit shall be calculated as the lesser of three-quarters of one percent of the total project cost for new construction and one and one-half percent of the total project costs for demolition projects or $30,000 maximum. Acceptable forms of payment include cash, money order, check, or surety bond. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of California, are subject to regulation by the Department of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any project with a performance deposit calculated at $10,000 or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured account, subject to interest. The performance deposit and accrued interest shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compliance. The City will retain the interest on any deposit funds not refunded. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 8-9 Ordinance Page 5 Presented By: Richard Hopkins Director of Public Works 8-10