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HomeMy WebLinkAbout2010/11/09 Item 1 SECOND READING AND ADOPTION " >: , I I I i I , ORDINANCE NO. AN ORDiNANCE OF THE CITY OF CHULA VISTA ADOPTfNG AMENDMENTS TO CHULA VISTA MUNICU'AL CODE SECTIONS 8.25.020 DEFINfTTTONS AND 8.25.095 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING The City Council of the Cily of Chula Vista does ordain as follows: SECTION I. That Section 8.25.020 06 - Definitions, of the Chub Vista Municipal Cooe, is hereby amended to read as follows: 06. "Diversion requirement" means the div~rsion of 100 percent of inert waste, to include asphJlr, concrete, bricks, tile, trees: stumps, rocks, and associated vegetation and soils resulting from land clearing, and not less than 50percent of the remaining waste generated, via reuse,ul leCycling, unless a parti:t1 or full diversion exemption has been granted pursuant to CV~!lC 8.25.0,95, in which case the diversion requirement shall be the maximum feasible diversion rare established by the \Vaste Management Report Compliance Official for the project. SECTION II. That Section 8.25.095 - Construction and Demolition Debris Recycling; of the Chub. Vista Municipal Code, is hereby amended to read as follows: A. Projects. 1. Covered Projects. The following prl..'.ject categories are covered projects anti must comply with this section: a. Any project requiring a permit for demolition or construction, \\"ith a project valuation of $20,000 or morc, 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. c, Any individually built single-family home. 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 ivlanager or designee prior to issuance of any construction or demolition permits. 3. Non-Covered Projects. A performance deposit and waste management repprt shall not be required for the folJo-wing: 1-1 a. \-Vork for which a construction or demolition permit is not required. b. Roofing projects thot do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechani~al permit is required. d. Seismic tie-down projects. e. Projects less thJO 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered prDject shall complete and submit a construction and demolition waste management report on a waste management report foml (WMR) approved by the City I for this purpose. The purpose of the WMR is to illustrate how the applicant pl~ns to comply with the diversion requirements per CYMe 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: a. Part I of the WMR shall be submitted for review and approval prior to issuance ofa construction or demolition permit. The WJvfR will identity,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.) Part 1 of the WMR shall include: i. The type of project; ii. The total square footage of the project; Iii. The estimated generation of constrw.::tion or demolition debris by material ty'pe. b. Upon project compldion, the applicant will submit Part 2 of the W1v~ and shaJJ indicate'all of the following: i. The'type of project; 1-2 ii. The 10t:11 square footage of the project; iii. The actual volume or weight of construction nnd de;nolition debris recycled, by materi,,1 type; IV. The actual volume or weight of construction and demolition debris reused or salvaged, by material type; V. The actual volume or weight of conslruction and demolition debris disposed of in a Jandti II; vi. The <lctual volume or weight of construction and demolition debris recycled at a construction and demolition debris recycling/processing center; vii. The vendors or facilities that the applicant used to collect, process, or receive the construction and demo Etion debris. In estimating the volume or weight of materials identified in the \VMR~ the applicant shall use th~ standardized conversion rates establisheu and app'rovcd by the City for this purpose or actual weight tickets. 2. Initial Application. Nonvithstanding any other provision of this code, no construction or demolition permit may be issued until the initial construction and demolition \vaste management report has been approveJ by the: \VivlR Compliance Official. The WMR Compliance Official will respond to the applicant's WNtR 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, t\Je applicant should notify the Official. After notification by the applicant, the Oftic;.l will then have three business days to complete the review. ffrhe review is not completed within three business days after the notification, the deposit reqllir~Tl\ent will be waived. 3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a perfonnance deposit, with the exception of City-sponsored projects and individually built single-family homes. The amount of the perfonnance deposit shall be calculated as the It:sser of three-quarters cfone percent Qfthe total project cost for new construction and one and one-half percent of the total project , costs for doemolition projects or $30,000 maximum. Acceptable forms of paYI!lent include cash, mune'y order, check, or surety bond. All bonds shall be in tht: form prescribed by th~. City and by such sureties which are adm.itted insurers in th~ state of Califomia, are subject to regulation by the Department of Insurance, and which 1-3 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. Perfonnance 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 upun acceptance of proof of compliance in full. If I partial complianct=, 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. I 4. Documentation. Within 30 days after demolition is completed (if a demoliti9n 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 \V1vlR. 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 ofthe following: a. Receipts from the vendor or facility that received each l11aterial~ showing the actual weight or volume of that material; b. 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. Applicant:; shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and rel.:orded using the most accurate method of measurement available. To the extent practll.:al, all construction, renovntion and demolition. waste shall be weighed by measurement on scales. Such scales shall be in compliant;e with (1)1 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 ofvolulTIctric 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 induded with the waste management report form. 6 Determination of Compliance and Release of Performance Deposit. The \VMR Compliance Official shall review th~ information submitted unJer this sectio~ and determine whether the applicant has complied with the diversion requirement,' as follows: a. Compliance. If the WlvfR Compliance Official determines that the appticant has fully complied with the diversion requirement applicable to the projiect, he 1-4 or she shall cause the release of the performance deposit to the applicant \vithin 30 days of the applicant's submission oftbe documtntation required und,r this section. If the applicant has complied in part, a portion of the performanc'e deposit will be withheld. The amounl withheld will be proportional to th~ percentage of materials rhJ.t are not recycled/diverted. b. Noncompliance. Ifthe WMR Compliance Official determints that the' applicant failed to submit the documentation within the required time pefiod, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities. C. Exemptions, I. Application. If an applicant for a covered project experiences unique circun~stJ.nces that the applicant believes make it infeasible to comply with the diversion requirement. the applicant may request an exemption at the time that h~ or she submits the \Vi\1R. The applicant shall indicate on the \VNtR the maximum rate of diversion he or she believes is feasible for eaeh material amI the specific circumstances that be or she believes make it infeasible to comply \vith the diversion requirtlllent. 2. Meeting with WMR Compliance Official. The \IfMR Compliance Official 7hall 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. Tfthe W?"tIR 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 ft;:asible.diversion rate for each material and shall indicate this rate on the \VMR submitted by. the applicant. the WMR Compliance Official shall return a copy oftbe WMR to the applicant marked "~Approved with Exception." The applicant shall then be responsible for diverting [he revised rate noted by the WMR Compliance Official on the appro,"d WJ\I!R, .in compliance with the provisions of this section.' 4. Denial of Exemption. lfthe \V0-'IR Compliance Official determines that it j's possible for the applicant to meet the diversion require1llent~ he or she shall so inform the applicant in writing. The applicant shall resubmit a \V}..1R form in fuJl cOI!1plial1ce with this section. If the applicant fails to resubmit the WLvlR, or if the resubmitted WMR docs not comply with this section. the WMR Cumpliance Official shall deny the W",m.. D. Appeals. 1-5 Appeals of a determination made by the WMR Compliance Official under this section shall be m~lde to the City tvfanager or designee. The appc:.l1 shall be ill writing and filed with the City Clerk within 10 business days of issuancc ofthe WMR Compliance Official's decision. The appeal shall be limited to the following issues: (1) the granting or denial of an e"emption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3141 9 I, 2009; Ord. 3118 9 I, 2008; Orct. 31 ] 69 1,2008; Ord. J I 05 9 1,2008). Presented by Approved as to form by ~~=:::~~-~'~~2; Richard A. Hopkins Director of Public Works Bart M iesfeld City Attorney t> 'i:F~'7 '-1 1-6