HomeMy WebLinkAboutOrd 2009-3141ORDINANCE NO. 3141
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 I. That Section 8.25.095 of the Chula Vista Municipal Code is hereby amended to
read as follows:
8.25.095 Construction and demolition debris recycling.
A. Projects.
1. Covered Projects. The following project categories aze covered projects and must comply with
this section:
Any project requiring a permit for demolition or construction, with a project valuation of
$20,000 or more, unless defined as anon-covered project in subsection (A)(3) of this section.
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:
Work for which a construction or demolition permit is not required.
Roofing projects that do not include teaz-off of existing roof.
Work for which only a plumbing, only an electrical, or only a mechanical permit is required.
Seismic tie-down projects.
Projects less than 10,000 square feet, where no structural building modifications are required.
Emergency required to protect public health and safety.
Individual single-family homes that aze not part of a lazger project.
While not required, it shall be encouraged that at least fifty (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 purpose of
the WMR is to illustrate how the applicant plans to comply with the diversion requirements per
CVMC § 8.25.020.06. Upon project completion, the WMR will illustrate how the applicant
complied with the diversion requirements. The WMR shall indicate all of the following:
Ordinance No. 3141
Page 2
Part 1 of the WMR shall be submitted for review and approval prior to issuance of a construction
or demolition permit. The WMR should identify the type of materials expected to be generated
at the project site and the anticipated end uses or end markets (recycled, reused on-site, salvaged,
or disposed) indicating how the landfill diversion goals will be met. Part 1 of the WMR shall
include:
The type of project;
The total square footage of the project;
The estimated generation of construction or demolition debris by material type.
Upon completion, the applicant will submit Part 2 of the WMR and shall indicate all of the
following:
The type of project;
The total squaze footage of the project;
The actual volume or weight of construction and demolition debris recycled, by material type;
The actual volume or weight of construction and demolition debris reused or salvaged by
material type;
The actual volume or weight of construction and demolition debris disposed of in a landfill;
The actual volume or weight of construction and demolition debris recycled at a construction and
demolition debris recycling/processing center;
The vendors or facilities that the applicant used 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 standazdized conversion rates established and approved by the City for this purpose or actual
weight tickets.
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 ] 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 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 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. 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 aze 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.
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 paztial 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.
Ordinance No. 3141
Page 3
4. Documentation. Within thirty (30) days after demolition is completed (if a demolition permit
only) or thirty (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:
Receipts from the vendor or facility that received each material, showing the actual weight or
volume of that material;
A copy of the completed waste management report form, in its entirety; 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, avolumetric 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:
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 docu-
mentation 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.
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 for-
feited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and
recycling activities.
C. Exemption.
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 make it infeasible to comply with the diversion
requirement.
Ordinance No. 3141
Page 4
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.
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 deter-
mine 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.
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 ten (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. 3118 § 1, 2008; Ord. 3116 § 1, 2008; Ord. 3105 § 1, 2008).
Presented by Approved as to form by
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Richard A. Hopkin B C. Miesfel
Director of Public orks City Attorney
Ordinance No. 3141
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of October 2009, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, M r
ATTEST:
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Donna R. Norris, CM ,City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3141 had its first reading at a regulaz meeting held on the 15th day of September
2009 and its second reading and adoption at a regular meeting of said City Council held on the
6th day of October 2009; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 6th day of October 2009.
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Donna R. Norr s, C C, City Clerk