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HomeMy WebLinkAbout2013/07/16 Item 02SECAND RIDING AND Appp'(ION ORDINANCE NO. ORDINAIvTCE OF THE CITY OF.CHULA VISTA AMENDING MUNICIPAL CODE SECTIONS 8.25.020 AND 8.25.095 CONSTRUCTION AND DEMOLITION DEBRIS RECY'CL1NG WHEREAS, in 2008 the Chula Vista City Council adopted the Construction and Demolition. Debris Recycling Ordinance Chula Vista Munieipat Code ("CVMC") section 8.25.095 ("C & D Ordinance") as a -necessary program to meet the State mandated 50% landfill diversion requirement (AB 939- The Solid Waste Management Act); and WHEREAS, the C & D Ordinance was modified in 2008 and 2009 as the result of active stakeholder input; and , ' WHEREAS, in 2010 the City Council adopted the Califomia Green Building Standards Code to ensure that California buildings were built to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging , sustainable construction practices; and WHEREAS the C & D Ordinance was modified to conform to the California Green Building Standards Code in 2012; and WHEREAS, City staff recommends that the C & D Ordinance and CVMC section 8.25.020 be amended to clarify the definition of inert waste, remove the interest payment requirement and corresponding tax liability for developers/applicants, and adjust the time frame for deposit refunds; and WHEREAS, the proposed changes to the CVMC are the resiilE of•active, continuous improvements to the program processes and clarification of the definitions as motivated by stakeholdef input, California Green Building Standards Code. changes and staff review. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Ordinance Modifications The below referenced sections of Chula Vista Municipal Code Chapter 8.25 are amended as follows: ' A. Section 8.25.020 Definitions: Subsection EE is amended to read: "EE. "Inert waste" means materials such as concrete; soil, fully cured asphalt, bricks, rocks, slag, ceramics, eartheri cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert waste does not contain putrescible waste. or compostable waste." J \Attorney\FINAL RESOS AND ORDiNANCES\2013\07 09 13\ORD-PW-Standazd C&D deposit interest.docx. 7/3/2013 9:41 F.iV( 2-1 Ordinance Page 2 B. Section 8.25.095.B Submission of Waste Management Report 1. Subsection 3 is amended to read; " 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 single-family home 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 maximum. Acceptable forms of payment iticlude 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 regu]ation 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•fotm of cash,.money order, or check will be placed in a secured account. The. performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit will be refunded on a prorated basis dependent on the degree of compliance. " 2. Subsection 6.a is amended to read: "a. Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she. shall. cause the release of the performance deposit to the applicant within 60 days~of the applicant's submission of the documentation required under this section.. If .the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will. be proportional to the percentage of materials that aze not recycled/diverted." . , 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. 7:\Attomey\FINAL RESOS AND ORDINANCES\ZOli\07 04 I3\ORD-PW-Standazd C&D deposit interest.docx 7/3YL013 9:41 AM 2-2 Ordinance Page 3 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, .Presented By: Approved as to,€~-m by: • ~-, // Maria Kachadoorian; Finance Director ~`~Y'ale • ~R~G "~~ s, City Attorney Richard bIopkins, Public Worlcs Director . J:\Attomey\FINAL RESOS AND ORDINANCES\2013\07 09 13\OP.D-P W-Standard C&D deposit interesc.doex 7/3/201 3 9:41 AM 2-3 _ _ _ _. _ . _.