HomeMy WebLinkAboutOrd 2010-3166ORDINANCE NO.3166
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING
AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTIONS 8.25.020 DEFINITIONS AND 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 8.25.020.06 -Definitions, of the Chula Vista Municipal Code, is
hereby amended to read as follows:
06. "Diversion requirement," means the diversion of 100 percent of inert waste, to include
asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting
from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or
recycling, unless a partial or full diversion exemption has been granted pursuant to CVMC
8.25.095, in which case the diversion requirement shall be the maximum feasible diversion rate
established by the Waste Management Report Compliance Official for the project.
SECTION II. That Section 8.25.095 -Construction and Demolition Debris Recycling, of the
Chula Vista Municipal Code, is hereby amended to read as follows:
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 anon-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
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:
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a. Work for which a construction or demolition permit is not required.
b. Roofing projects that do not include teaz-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 squaze feet, where no structural building
modifications aze 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 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:
a. Part 1 of the WMR shall be submitted for review and approval prior to
issuance of a construction or demolition permit. The WMR will identify the type
of materials expected to be generated at the project site and the anticipated end
uses or end mazkets (recycled, reused on site, salvaged, or disposed.) Part 1 of
the WMR shall include:
i. The type of project;
ii. The total squaze footage of the project;
iii. The estimated generation of construction or demolition debris by
material type.
b. Upon project completion, the applicant will submit Part 2 of the WMR and
shall indicate all of the following:
i. The type of project;
ii. The total squaze footage of the project;
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iii. The actual volume or weight of construction and demolition debris
recycled, by material 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 construction and demolition debris
disposed of in a landfill;
vi. The actual 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 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 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 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, with the exception of City-sponsored
projects and individually built single-family homes. 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 payment
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 with a
performance deposit calculated at $10,000 or less.
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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 compliance. The City will 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) 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;
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:
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
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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 reduction and recycling activities.
C. Exemptions.
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 request 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.
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 mazked
"Approved with Exception." 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. Appeals.
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
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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. 3141 § 1, 2009; Ord. 3118 § 1,
2008; Ord. 3116 § 1, 2008; Ord. 3105 § 1, 2008).
Presented by
Approved as to form by
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Richard .Hop .i
Director of Pu is Works
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of November 2010, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
'~
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Cheryl Cox~~la~or
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3166 had its first reading at a regulaz meeting held on the 2nd day of November
2010 and its second reading and adoption at a regulaz meeting of said City Council held on the
9th day of November 2010; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
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Dated Donna R. Norris, CMC, City Clerk