HomeMy WebLinkAboutOrd 2013-3270ORDfNANCE NO. 3270
ORDINANCE OF THE C[TY OF CHULA VISTA AIvIENDING
MUNICIPAL CODE SECTIONS 8.2.020 AI`TD 8.25.09
CONSTRUCTION Ai\'D DEMOLITION DEBRIS RECYCLING
WHEREAS, in 2008 the Chula Vista Cite Council adopted the Construction and
Demolition Debris Recycling Ordinance Chula Vista Municipal Code ("CVMC") section
8.25.095 ("C & D Ordinance`) as a necessan~ 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 California Green Building Standards
Code to ensure that California buildings were built to improve public health. safety and eeneral
welfare by enhancing the desien and construction of buildings throueh the use of buildins
concepts having a reduced negative impact or positive em~ironmental impact and encouraging
sustainable construction practices: and
WHEREAS the C & D Ordinance was modified to confom~ to the Califomia Green
Building Standards Code in 2012: and
WHEREAS. Citv staff recommends that the C & D Ordinance and CVMC section
8.25.020 be amended to clarifi- the definition of inert waste, remove the interest payTrtent
requirement and corresponding ta.~ liability for developers/applicants. and adjust the time frame
for deposit refunds; and
WHEREAS. the proposed changes to the CVMC are the result of active, continuous
improvements to the program processes and clarification of the definitions as motivated b_v
stakeholder 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 A7odifications
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, earthen cooking ware, clay and clay products. crushed glass,
fiberglass. roof shingles, and plaster. Inert waste does not contain putrescible waste or
compostable waste.'
Ordinance No. 3270
Page No. 2
B. Section 8.2~.09~.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 erecter 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 pa}~ment 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 v.~ith 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. The perfornance 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 deternrines 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 are not
recycled/diverted."
Section I1. 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 validit}~ 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.
Ordinance ?vo. 3270
Page ?~'o. 3
Section Ill. Construction
The Cite Council of the City of Chula Vista intends this Ordinance to supplement. not to
duplicate or contradict. applicable state and federal la~v and this Ordinance shall be construed in
light of that intent.
Section IV. Effecti~~e Date
This Ordinance shall take effect and be in force on the thirtieth day aRer its final passage.
Section V. Publication
The City Clerk shall certifi to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented b~~
~/'
M Kachadoorian
Director ofFinance/Treasurer
Appro~~ed as to form by
len R. Go gins
'p~ Atto ey
ichaz H pkt "
Director of ~CibhC Vdorks
Ordinance No. 3270
Page No. 4
PASSED. APPROVED; and ADOPTED by the City Council of the City of Chula Vista;
California_ this 16th day of July 2013, by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Ramirez
Cheryl Cox, Ma ~ r
ATTEST:
O ~
Donna R. Norris, C C, Cit}~ Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OP CHULA VISTA )
I, Donna R. Norris; City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3270 had its first reading at a regular meeting held on the 9th day of July 20li
and its second reading and adoption at a regular meeting of said City Council held on the 16th
day of July 2013; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
r o ,~ ~~~
ated Donna R. Norris. C. iri~ Clerk