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HomeMy WebLinkAbout2008/08/12 Item 4 CITY COUNCIL AGENDA STATEMENT 08/12/2008, Item~ ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING SUBMITTED BY: -- AGER S ) 4/STHS VOTE: YES D NO 0' REVIEWED BY: CITY MANAGER ASSISTANT CITY SUMMARY On July 8, 2008, Council directed staff to review the performance deposit structure for the Construction and Demolition Debris Recycling program and return with modifications that would have less impact on applicants. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(2) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Construction and Demolition Debris Recycling Program that was adopted by Council in March of 2008, requires that applicants for construction and demolition permits meet specific criteria: 1) have a plan for diverting their debris from disposal, and 2) put up a Performance Deposit to ensure recycling/diversion of this material. Upon completion of the project, the applicant reports the materials reused, recycled or disposed, demonstrating that they have met the goals of reusing or recycling 90% of inerts (rock, dirt, concrete, asphalt, bricks, etc) and 50% of 4-1 8/12/2008, ItemL Page 2 of 2 all other debris. The Performance Deposit is then refunded in full, as long as all the goals have been met. Per Council direction and given the current economic conditions within the construction field in San Diego County and the City of Chula Vista, staff has revised the deposit structure for the Construction and Demolition Debris Recycling program. The proposed deposit structure has been bifurcated into a construction permit deposit requirement of .75% (three-quarters of one percent) and a demolition permit deposit of 1.5 % (one and one-half of a percent). Construction Permit Applicants Demolition Permit Applicants .75% of the project valuation 1.5% of the project valuation The existing minimum deposit required is 3%. There is some concern that the adjusted deposit amounts may be too low and will not motivate permit applicants to recycle the required materials, but rather might see them put up the money and walk away. The intent of the deposit is to encourage recycling and diversion and be fully refunded to the applicant. It is not the intent of the deposit program to become a revenue fund for the City. Therefore, if a large number of deposits are forfeited over the next year, staff will return to Council with a recommendation for adjustments to the deposit percentages. The Construction and Demolition Debris Recycling Program applies to applicants for construction or demolition permits for projects with a valuation of $20,000 or more with the following exceptions: . Work for which a building or demolition permit is not required . Individual single-family homes that are not part df a large subdivision project, such as a housing or commercial development . Rooting projects that do not include tear-off of existing roof . Work for which only a plumbing, only an electrical or only a mechanical permit IS required . Seismic tie-down projects . Tenant improvement projects ofless than 10,000 square feet, where no structural building modifications are required . Emergency demolition required to protect public health and safety It was not the intent for this ordinance to affect individual single-family homes. Therefore, for clarification, the word "renovations" has been removed from Section 8.25.095.A.l.g of the ordinance. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT Adopting this ordinance does not impact the General Fund. Prepared by: Lynn France, Environmental Services Program .Manager. Public Works Department 4-2 8.25.095 Construction and demolition debris recycling. 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, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) 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. 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. 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 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family home~ renovations that are not part of a larger project. While not required, it shall be encouraged that at least 50 percent of all project- related construction, renovation and demolition waste from non-covered projects be diverted. B. Submission of Waste Management Report. , 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 shall be submitted for review and approval prior to issuance of a construction or demolition permit. The completed WMR shall indicate all of the following: a. The type of project; b. The total square footage of the project; c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recycled or diverted from the landfill; e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition permit maybe 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 4-3 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. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total proiect cost for new construction and 1.5 percent of the total proiect costs for demolition proiects or $30,0003 percent of tho total projoct cost or $::l0,000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. 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 less than $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $50.00 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 shall be returned to the applicant upon acceptance of proof of compliance in full, or if partial compliance, on a prorated basis dependent on the degree of compliance. All interest earned will be the property of the City and used for waste reduction and recycling activities. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that re<;:eived each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other consider- ations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows: 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 30 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. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance 4-4 deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities. C. Exemption. 1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes makes it infeasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "Approved with Exemption." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section. 4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be Iimhed to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3105 S 1, 2008). 4-5 '" \f (,; ~., !/./-" -- ~ ,A~..;: -,.~..~ ~-~........~ Construction and Demolition Debris Waste Management Report (WMR) The City of Chula Vista has a Mandatory Recycling Ordinance, Chula Vista Municipal Code (CVMC) 8.25.095. Prior to submitting your application for a demolition or construction permit, you must have completed a Waste Management Report form and obtained approval from the Environmental Services Division (619-691-5122) demonstrating how you will recycle a minimum of 90% of inert waste (rocks, dirt, concrete, asphalt, tile, etc.) and a minimum of 50% of the remaining construction and demolition waste generated from your project. rrpr nr- rH('LLi '\>~1" '- v'\ l~ ,., Please be informed that all construction and demolition projects are required to complete the Waste Management Report form and submit a Perfonnance Deposit unless specifically exempted as described in CVMC 8.25.095. SleD 1: Before the Proiect Bealns . This is a two-step process. Complete Part 1 of the WMR form identifying the construction and demolition debris that you expect to generate on the project work site and what you plan to reuse or saivage, recycle, or dispose of at a landfill. . Submit your form to the Environmental Services Division for approval: Environmental Services Division - WMR Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911. This process may take up to ten (10) business days. When your WMR has been aooroved. it will be retumed to yOU so that you can include a coov with your oermit aoolication. . To ensure that the materials are recycled, a Performance Deposit is required. The Performance Deposit is calculated at .75% (three quarters of one percent) of new construction project valuation and 1.5% (one and one half of a percent) of demolition project valuation, or a maximum of $30,000. If your calculated deposit is $50 or less, the deposit will be waived. Your oerformance deoosit will be oaid when YOU Day your oermit fees or YOU may orovide the City with a surelY bond or letter of credit. Contact Environmental Services 1619-691-5122) if YOU want more details on bonds and letters of credit. SteD 2: While the Proiect Proaresses . Save all receipts and/or documents from reuse facilities, recycling centers, processing facilities, and landfills where materials ;;ere taken. Complete the Construction and Demolition Debris Recycling Log (Part 2 of this form) as your project progresses. Your Performance Deposit will be refunded based upon your documentation of the amount of debris you diverted from disposal. Recycling/diversion goals are (at a minimum) 90% of inert waste and 50% of the remaining waste generated by the project If you meet these goals, your performance deposit will be refunded in full. City of Chula Vista Waste Management Report Permit no./APN: Project Name (if applicable): Applicant Name: Mailing Address: Phone: E-mail Address: Did you contact the City's franchise waste hauler (Allied Waste Services) for this project? Yes No Expected project start date: Project Location (Address and Cross Street): Building/Project Type: new construction, demolition, renovation, tenant improvement, etc.: Expected project completion date: Square footage: FOR CITY USE ONLY: WMR status Project Cost $ Performance Security Dollar Amount $ _Approved _ Approved with exception Denied Reviewed by Date' Approved by' Date' 4 - 6 Revised on 7/22/2008 . City of Chula Vista Waste Management Report - Part 1: Identification of Construction & Demolition Debris Generated on Project Work Site Pennit no.lAPN: Project Name (if applicable): Applicant Name: Project Location (Address and Cross Street): Phone: Part 1 : Place a check mark in the columns for items to be reused or salvaged, recycled, or disposed. Submit the completed form for approval, to: City of Chula Vista, Environmental Services Division - WMR Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911. Upon approval, your form will be returned to you. You will need a copy of your approved form attached to your construction or demolition permit application. For questions or clarifications regarding the Waste Management Report, please contact Environmental Services at (619) 691-5122. Inert Materials Place a check mark Place a check mark Place a check mark "Must divert at least 90% of Inert Materials next to items to be next to items to be next to items to be reused or salvaged recycled disposed at landfill Asphalt/Concrete BrlckfMasonrylTile DIrt/Rock Other Materials Place a check mark Place a check mark Place a check mark *Must divert at least 50% of all other materials next to items to be next to Items to be next to items to be reused or salvaged recycled disposed at landfill Cabinets, doors, fixtures, windows (circle all that apply) Carpet Carpet (padding/foam only) , Cardboard Ceiling Tile (acoustic) Drywall (used) Drywall (new, unpainted sheets or scrap) Landscape Debris (brush, trees, stumps, etc.) Roofing Materials Scrap Metal Stucco Unpainted wood & pallets Recycled Mixed Debris Trash/Garbage Other (please describe) Other (please describe) Other (please describe) 4-7 < City of Chula Vista Waste Management Report - Part 2: Daily Recycling Log of Construction & Demolition Material Loads Reused, Recycled, or Disposed Of Permit no./APN: Project Name (if applicable): Applicant Name: Project Location (Address and Cross Street): Phone: Part 2: Use this log sheet to track your loads of materials as they leave the job site. Save all receipts and documents from facilities where materials were taken. When your project is complete, sign and date the log sheet and send it and all corresponding receipts/documentation, including photographs of materials that were reused or salvaged, to: City of Chula Vista, Environmental Services Division, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911. T (A) (B) (C) I Actual Destination(s) Actual Actual Actual Vendors and Facilities Date Material Type Amount Amount Amount Reused or Recycled Disposed of Name, Address, and Telephone Salvaged in Landfill Number Exam Die: Concrete (broken) 6 tons Hanson Aggregates, 3701 Haymar Dr., 7/10/2008 , Carlsbad - 760/603-0153 ! ! , TOTALS: CERTIFICATION _I certify under penalty of pe~ury under the laws of the State of California that I have reviewed the accuracy of the information contained in and with this Waste Management Report and that the information is true and correct to the best of my knowledge. Print Name and Title Signature Date Construction & Demolition Conversion Table 4-8 This document is informational only. It is only here to help you convert truckload quantities to tons if necessary. Step 1: Enter the estimated quantity for each applicable material in Column A, based on units of cubic yards (cy), square feet (sq It), or board feet (bd It). Step 2: Multiply by the Tons/Unit conversion factor in Column B. Enter the answer for each material in Column C. Transfer your answer(s) to Part 2 (C&D Recycling Log) of your WMR form. Column A Column B Column C CateQorv Material Yolume Tons/Unit Tons Asphalt/Concrete Asphalt (broken) cy X 0.70 = Concrete (broken) cy X 1.20 = Concrete (solid slab) cy X 1.30 = Brick/MasonryfTile Brick (broken) cy X 0.70 = Brick (whole, palletized) cy X 1.51 = Masonry Brick (broken) cy X 0.60 = Tile sq It X 0.00175 = Building Materials (cabinets, doors, windows, etc.) cy X 0.15 = Cardboard (ftat) cy X 0.05 = Carpet By square foot sq It X 0.0005 = By cubic yard cy X 0.30 = Carpet Padding/Foam sq It X 0.000125 = Ceiling Tiles Whole (pallelized) cy X 0.0003 = Loose cy X O.Og = Dirt Loose/Dry cy X 1.20 = ExcavatedNVet cy X 1.30 = Sand (loose) cy X 1.20 = Drywall (new or used) 1/2" (by square fool) sq It X 0.0008 = 5/8" (by square foot) sq It X 0.00105 = Demo/used (by cu. yd.) cy X 0.25 = Landscape Debris (brush, trees, etc.) cy X 0.15 = Mixed Debris Construction cy X 0.18 = Demolition cy X 1.19 = Rock cy X 1.29 = Shingles, asphalt Asphalt Composition Shingle cy X 022 = Unpainted Wood/Pallets By board foot bd It X 0.001375 = By cubic yard cy X 0.15 = Trash/Garbage cy X 0.18 = Other (estimated weight) cy X estimate = cy X estimate = cy X estimate = Total all = "t.-" ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 8.25.095 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING The City Council of the City of Chula Vista does ordain as follows: SECTION 1. That Section 8.25.095 of the Chula Vista Municipal Code are hereby amended to read as follows: 8.25.095 Construction and demolition debris recycling. 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, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) 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 ofindividuaI projects. 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 i,ssuance of any construction or demolition permits. 3. 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. Roofmg 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 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family home renovatiolls that are not part of a larger project. While not required, it shall be encouraged that at least 50 percent of all project-related construction, renovation and demolition waste from non-covered projects be diverted. B. Submission of Waste Management Report. 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 shall be submitted for review and approval prior to issuance of a construction or demolition permit. The com- pleted WMR shall indicate all of the following: a. The type of project; b. The total square footage of the project; J\AnomeyIELISA\ORDrNA.."'ICESIConstruction Demolition Ordinance\CVMC 8.25,095 -~-.::-r (jdline).2,dOC Ordinance No. Page 2 c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recycled or diverted from the landfill; e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 2. Initial Application. Notwithstanding any other provision of this 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. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total project cost tor new construction and 1.5 percent of the total project costs tor demolition projects or $30.000three percent of the totai project east or :1:30.000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed bi the City and approved by the City Attorney. 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 less than $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $50.00 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 fult, er-ilf partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compliance. A The Citv will retain the interest on anv deposit funds not retimdedeamed 'sill be tlie property of the City and used for '?,aste reductioa aad re0':clim; activities. -4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and J:'Attorney\ELlSA\ORDTNANCES\COllStTUction Demolition OrdinancelCYMC 8.25095 08-12-08 !jedline).2.doc -4-11 Ordinance No. Page 3 C. Photographs and narrative documentation of the applicant's reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste 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 the standardized rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows: 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 30 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. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reductioh and recycling activities. C. Exemption. 1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes makes it infeasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "'Approved with Exemption." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section. 4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the J:\Attorney\ELISAIORDINANCES\Construction Demolition Qrdinance\CVMC 8.25 095 _:~:.::-~8 2dline).2_dOC Ordinance No. Page 4 resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3105 9 1,2008). SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after [mal passage. Presented by Approved as to form by Jack Griffin Director of Public Works Bart C. Miesfeld Interim City Attorney J:\AttomeyIELlSAIORDINANCESIConSlluction Demolition OrdinancelCVMC 8.25,095 _ ~..:.::, rUnell_dOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 8.25.095 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING The City Council of the City ofChula Vista does ordain as follows: SECTION 1. That Section 8.25.095 of the Chula Vista Municipal Code are hereby amended to read as follows: 8.25.095 Construction and demolition debris recycling. 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, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) 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 proj ects. 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. 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 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family homes that are not part of a larger project. While not required, it shall be encouraged that at least 50 percent of all project-related construction, renovation and demolition waste from non-covered projects be diverted. B. Submission of Waste Management Report. 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 shall be submitted for review and approval prior to issuance of a construction or demolition permit. The com- pleted WMR shall indicate all of the following: a. The type of project; b. The total square footage of the project; J:\AllomeyIELlSA\ORDINANCES\Constru'lion Demolition Qrdinance\CYMC 8.25.095_04::'..01 1iean cc).J.doc Ordinance No. Page 2 c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recycled or diverted from the landfill; e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 2. Initial Application. Notwithstanding any other provision of this 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. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total project cost for new construction and 1.5 percent of the total project costs for demolition projects or $30,000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. 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 less than $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $50.00 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 compli- ance. The City will retain interest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. J:\AltomeylELlSA\ORDINANCESICoIlSlnJClion Demolition OrdinancelCVMC 8.25.095 -4:::1 ~ean cc).2.dox: Ordinance No. Page 2 c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that wi\1 be recycled or diverted from the landfill; e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 2. Initial Application. Notwithstanding any other provision of this 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 wi\1 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 wi\1 be waived. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total project cost for new construction and 1.5 percent of the total project costs for demolition projects or $30,000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. 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 less than $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $50.00 or less. Performance deposit funds in the form of cash, money order, or check wi\1 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 wi\1 be refunded on a prorated basis dependent on the degree of compli- ance. The City wi\1 retain the interest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) ofthis section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. J:\AttomeyIELlSA\ORDINANCES\ConstNclion Demolition OrdinancelCVMC 8.25.095 -4 ~i (gean ee).l.doe Ordinance No. Page 4 D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issues: (I) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3105 S 1,2008). SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by Jack Griffin Director of Public Works ~~;1A'~ in~ Bart C. Miesfeld Interim City Attorney J:\Altomey\ELlSAIORDlNANCES\Construction Demolilion Ordinance\CYMC 8.25.095_~'.~,:'-f ~ean eel.l.doe