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Home My WebLink About2008/09/09 Item 3 f?\\C~ ORDINA.,",TCE NO. .....~\) ~a ~~(}I" AN ORDLNA.NCE OF THE~<;!~ ~\lCHlJLA VISTA ADOPTING .A....lvfENDMENTS T~;:::,A VISTA MTJN1CIPAL CODE SECTION 8.25.095 - CONSTRUCTION ANTI DEMOLITION DEBRIS RECYCLING The Clty Council of the City ofChula Vista does ordain as follows: SECTION L 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 defmed 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. .AlI City consTrUction and demolition projects shall be considered "covered projects" and shall subrrjt a waste management report to the City Manager or designee prior to i~~uance 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 (\XiMR) 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 sha!l indicate all of the following: a. The type of project; b. The total square footage of the project: J;'.Allomey1eLJSA\ORDINANCES\CClnstl'U'lion Demolition Ordinunce\CVMC g":~.095_o&-3~'T~ ccl":.,joc 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 tb.e WMR, the applicant shall use the standardized conversion rates established and approved by the City for this plIJ1lose. 2. Initlal Application. Notwithstanding any other provision of this code, no construction or demolition permit may be issued until the initial constmction 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 busiIless days with an approval, denial or request for clarification. If the Vv!'vfR 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 whicn 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 $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be S50.00 or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured account, subject to interest. The performance deposit and accrued interest shall be returned to the applicant upon acceptance of proof of compliance in. fulL If partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compli- ance. The City will retain interest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include aU of the following; a. Receipts from the vendor or facility that received each material, showing the actual weight or volume oflhat material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. J:\Altomcy\E:"ISA\ORDINANCE$\Conslrnclion De;molillon Oreinao"-eICVMC 8~.095 _08~:~8 2r;J=.n cc).::"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 constmction 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 disDosed 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 VVl'vfR, the applicant shall use the standardized conversion rates established and approved by the City for tbis 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 W1vfR 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. i\...fter 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. AI) 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 win be refunded on a prorated basis dependent on the degree of compli- ance. The City \viIl retain the interest on any deposit funds not refunded. 4. Documentation. Wit..ljin 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, tlje applicants shall submit to the WM...~ Compliance Official, documentation that it has met t..lje diversion requirement for the project, unless applicant has been granted an exemption pursuanl 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:\Anom...y\C::L1SA IOR!lINANCES'-C:ll"tSlt'Jl:tion Demoiitioll Ordir.arn::\CYMC 8.2~.[}95 _ os.. 3~ (3e::m cc).1.duc Ordinance No. Page 4 D. Appeal. Appeals of a de,ermination 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 davs 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 S I, 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 ~~I1~~ t"r-- Bart C. Miesfeld Interim City Attorney Jack Griffin Director of Public Works J:v.t.lrlm~y\ELlSA\ORD[NA:';C::S\C"nsJ""Jc:'.ion Demolilion Ordio.ancelC'YMC S.1S.o9~_o~~fe:m ;c).1.00c