HomeMy WebLinkAboutCC AG PKT 2008-07-28 #DAGENDA STAFF REPORT
DATE: July 28, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ADOPTION OF ORDINANCE NO. 1578, AMENDING
THE MUNICIPAL CODE BY ADDING CHAPTER 9.65,
RECYCLING AND DIVERSION OF CONSTRUCTION
AND DEMOLITION WASTE, AND AMENDING TITLE 6,
FRANCHISES, CHAPTER 6.20, SOLID WASTE AND
RECYCLABLES, SECTION 6.20.170, CONSTRUCTION
AND DEMOLITION SITES, AND SECTION 6.20.180,
UNAUTHORIZED CONTAINERS
SUMMARY OF REQUEST:
Waive further reading and Adopt Ordinance Number 1578, An Ordinance of the
City of Seal Beach Amending the Municipal Code of the City of Seal Beach, Title
9, Public Property, Public Works and Building Regulations, by Adding Chapter
9.65, Recycling and Diversion of Construction and Demolition Waste, and
Amending Title 6, Franchises, Chapter 6.20, Solid Waste and Recyclables,
Section 6.20.170, Construction and Demolition Sites, and Section 6.20.180,
Unauthorized Containers.
BACKGROUND:
The City Council considered this matter on July 14, 2008 and introduced the
subject ordinance. It is now appropriate to adopt the subject ordinance.
FISCAL IMPACT:
There is minimal fiscal impact to the City with adoption of the ordinance, due to
the additional staff time necessary to review recycling plans and determine
compliance. The cost of the administrative review is proposed to be offset by the
imposition of an Administrative Review Fee based on the size of the project at a
flat rate of $0.02 per square foot of project area. Projects larger than 50,000
Agenda Item ~
• Adoption of Ordinance No. 1578 -
Construction and Demolition Debris Recycling
City Council Staff Report
July 28, 2008
.square feet would pay the Administrative Review Fee based on a size of 50,000
square feet.
Other than payment of the required administrative review fee, there is no fiscal
impact to the demolition/building permit applicant unless the applicant does not
fully comply with the required diversion rate or fails to submit the final report
within 30 days of project completion, and then fee deposit, or a proportion
thereof, is forfeited pursuant to the provisions of the ordinance.
RECOMMENDATION:
Waive further reading and Adopt
City of Seal Beach Amending the
9, Public Property, Public Works
9.65, Recycling and Diversion
Amending Title 6, Franchises, ~
Section 6.20.170, Construction
Unauthorized Containers.
Ordinance Number 1578, An Ordinance of the
Municipal Code of the City of Seal Beach, Title
and Building Regulations, by Adding Chapter
of Construction and Demolition Waste, and
;hapter 6.20, Solid Waste and Recyclables,
end Demolition Sites, and Section 6.20.180,
NOTED AND APPROVED:
~9-rf
e Whittenberg David Carmany
Director of Development Se es City Manager
Attachment: Ordinance Number 1578
2
DS -Staff Report -Construction and Demolition Recycling -Ord #1578
ORDINANCE NUMBER 1578
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH, TITLE
9, PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING
REGULATIONS, BY ADDING CHAPTER 9.65, RECYCLING AND
DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE,
AND AMENDING TITLE 6, FRANCHISES, CHAPTER 6.20,
SOLID WASTE AND RECYCLABLES, SECTION 6.20.170,
CONSTRUCTION AND DEMOLITION SITES, AND SECTION
6.20.180, UNAUTHORIZED CONTAINERS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Title 9, Public Property, Public Works and Building
Regulations is hereby amended by adding Chapter 9.65, Recycling and
Diversion of Construction and Demolition Waste, to read as follows:
"Chapter 9.65
Recycling and Diversion of Construction and Demolition Waste
§ 9.65.005 Definitions.
A. For the purposes of this Chapter, the following words
and phrases shall mean:
1. "Applicant': any individual, firm, limited liability
company, association, partnership, political subdivision,
government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the city
for the applicable permits to undertake any construction, demolition,
renovation, or similar operations on a project within the City.
2. "City-sponsored projecf': a project constructed
by the City or a project receiving 50% or more of its financing from
the City.
3. "Construction": the building of any facility or
structure or any portion thereof including any tenant improvements
to an existing facility or structure.
4. "Construction and demolition debris": building
materials and solid waste resulting from construction, remodeling,
repair, cleanup, or demolition operations that are not hazardous as
defined in California Code of Regulations, Title 22, Sections
66261.3, et seq. This term includes, but is not limited to, asphalt,
concrete, portland cement concrete, brick, lumber, gypsum
wallboard, cardboard, and other associated packaging, roofing
material, ceramic tile, carpeting, plastic pipe and steel. The
material may be commingled with rock, soil, tree stumps, and other
vegetative matter resulting from land clearing and landscaping for
construction or land development projects.
5. "Covered projecf': those projects that qualify as
Covered Projects pursuant to Section 9.65.015.
6. "Deconstructiorf': the selective dismantling or
removal and salvaging of reusable materials, including but not
limited to appliances, fixtures, windows, and other components,
from buildings or other structures prior to their demolition.
Ordinance Number 1578
7. "Demolition': the razing, tearing down or
wrecking of any facility, structure, pavement or building, whether in
whole or in part, whether interior or exterior.
8. "Divert': to use material for any purpose other
than disposal in a landfill or material recovery facility.
9. "Diversion requirement' the diversion of a
percentage of the total construction and demolition debris
generated by a project via reuse or recycling, unless the Applicant
has been granted an exemption pursuant to Section 9.65.010 in
which case the diversion requirement shall be the maximum
feasible diversion rate established by the waste management plan
compliance official in relation to the project.
10. "Material Recovery Facility': a processing
facility permitted by the State of California where solid waste and/or
recyclable materials are sorted or separated, by hand or by the use
of machinery, for the purpose of recycling, reuse, and/or
composting.
11. "Non-Covered Project': those projects that do
not qualify as Covered Projects pursuant to Section 9.65.015.
12. "Project": any activity which requires an
application for a building or demolition permit or any similar permit
from the City.
13. "Recyclingt': the same meaning as set forth in
Public Resources Code Section 40180, as amended from time to
time.
14. "Renovation': any change, addition alteration
or modification to an existing facility, structure, wall, fence, or
paving, including any tenant improvements to an existing facility or
structure.
15. "Reuse": the use, in the same or similar form
as it was produced, of a material which might otherwise be
discarded.
16. "Solid waste": all putrescible and
nonputrescible solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes. "Solid waste"
does not include any of the following wastes:
a. Hazardous waste, as defined in Public
Resources Code Section 40141;
b. Radioactive waste regulated pursuant to
the Radiation Control Law [Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code];
c. Medical waste regulated pursuant to the
Medical Waste Management Act [Part 14 (commencing with
Section 117600) of Division 104 of the Health and Safety Code].
Ordinance Number 1578
17. "Waste Diversion": the diversion of solid waste,
in accordance with all applicable federal, state, and local
requirements, from disposal at solid waste landfills or
transformation facilities through recycling, reuse or composting.
Where used in this Chapter, the words °diversion" and "divert" shall
refer to waste diversion.
18. " Waste Diversion Fee Deposit': a fee
deposited with the City pursuant to Section 9.65.045.
19. "Waste Management Plan (WMPJ': a
completed waste management plan form, approved by the City for
the purpose of compliance with this Chapter, submitted by the
Applicant for any Covered Project.
20. "Waste Management Plan Compliance
Official': the Building Official or his or her designee.
§ 9.65.010 Diversion Requirements.
A. At least 75% of all concrete and asphalt construction
and demolition debris ~ and 50% of all other construction and
demolition debris generated by any Covered Project shall be
delivered to a material recovery facility, with the intention that such
material be recycled, or otherwise diverted from landfills through
direct delivery of such materials to brokers or end-users, through
on-site reuse, or through any other diversion method(s) specified in
an approved Waste Management Plan. When calculating diversion
amounts pursuant to this Section, "all other construction and
demolition debris" shall include fixtures, appliances, and other
similar items. All Covered Projects are subject to Section 6.20.180
regarding unauthorized containers.
B. Each Applicant for a Covered Project shall meet the
diversion requirements of this Section unless the Applicant is
granted an exemption pursuant to this Chapter, in which case the
diversion requirement shall be the maximum diversion rates
feasible (the "lower alternate diversion rates") as established in
writing by the Building Official in his or her sole discretion.
§ 9.65.015 Thresholds for Covered Projects.
A. "Covered Project' shall mean any of the following
projects:
1. Additions of 1,000 square feet or more of gross
floor area;
2. Tenant improvements of 1,000 square feet or
more of gross floor area;
3 New structures of 1,000 square feet or more of
gross floor area; and
4. Demolition of 1,000 square feet or more of
gross floor area.
§ 9.65.020 Non-Covered Projects.
Applicants for Non-Covered Projects are encouraged to
divert construction and demolition debris to an extent and in a
manner consistent with the diversion requirements of this Chapter.
Ordinance Number 1578
All Non-Covered Projects are subject to Section 6.20.180 regarding
unauthorized containers.
§ 9.65.025 City-Sponsored Projects.
A. City-sponsored construction, demolition or renovation
activities that involve 1,000 square feet or greater of project area
shall divert construction and demolition debris in a manner
consistent with this Chapter to the extent necessary to meet or
exceed the diversion requirements of Section 9.65.010. For such
City-sponsored projects, a written Waste Management Plan, in a
form approved by the City, must be submitted to and approved by
the Building Official prior to the commencement of the subject
construction, demolition, or renovation activities.
B. City-sponsored construction, demolition and
renovation activities that involve less than 1,000 square feet of
project area are not required, but shall be encouraged, to divert
construction and demolition debris to an extent and in a manner
consistent with the diversion requirements of this Chapter.
§ 9.65.030 Deconstruction Requirement.
In order to ensure the diversion of reusable and/or recyclable
fixtures, appliances, and other similar items from every demolition
or renovation project, no demolition may take place until the
Applicant for a Covered Project has demonstrated through
documentation submitted to and approved by the Building Official
that deconstruction activities will take place prior to demolition. At a
minimum, such documentation shall identify the name of the party
that will conduct the deconstruction activity and the dates or time
period when such activity is anticipated to occur. Reusable
materials salvaged and diverted through the deconstruction of any
Covered Project shall count towards the diversion requirements of
Section 9.65.010 if such materials are included in the WMP and in
the reporting documentation required by Section 9.65.055.
§ 9.65.035 Waste Management Plan and Waste Diversion Fee
Deposit Exemptions.
A Waste Management Plan and a Waste Diversion Fee
Deposit shall not be required for the following:
A. Activities that do not qualify as Covered Projects
under this Chapter;
B. Roofing projects that do not include the tear-off of
existing roof;
C. Work that requires only a plumbing, electrical, or
mechanical permit;
D. Seismic retrofits;
E. Emergency demolition required to protect the public
health and safety;
F. Projects that have obtained a valid building permit
prior to the effective date of this Chapter; and
G. A project of City public works or City public
construction for which the notice inviting bids has been published
pursuant to Title 3: Administration, Chapter 3.20: Purchasing
Ordinance Number 1578
System, Section 3.20.030.8: Bid Invitation Notice, of this Code prior
to the effective date of this Chapter.
§ 9.65.040 Waste Management Plan.
A. The Applicant for a Covered Project shall submit a
WMP to the City, in a form approved by the City, and receive
express written approval of the WMP from the Building Official,
prior to beginning any construction, demolition, or renovation
activities that generate solid waste.
B. The Applicant shall submit its completed, signed and
dated WMP to the City during the construction, demolition, and/or
similar permit application process(es). Approval of the WMP by the
Building Official shall be a condition precedent to the issuance of
any building or demolition permit for alf projects that require a WMP
under this Chapter. At a minimum, an approved WMP shall contain
the following:
Proposed start and end date for the project;
2. Description of deconstruction efforts to be
made;
3. Estimated weight of project waste to be
generated by material type;
4. Maximum weight of such materials that can
feasibly be diverted via reuse or recycling by material type;
5. Vendor(s) that the Applicant proposes to use to
haul the materials;
6. Name and location of facility or facilities to
which the materials will be hauled, and their expected diversion
rates by material type; and
7. Estimated weight of construction and
demolition debris that will be disposed of in a landfill.
if necessary to estimate the weight of materials identified in
the WMP, the Applicant may use standardized volume to weight
conversion rates and methodologies approved by the Building
Official. If the Applicant calculates the projected feasible diversion
amounts as described above, and finds the amounts do not meet
the diversion requirements, the Applicant must then submit
documentation supporting and justifying a lower alternate diversion
rates. If this documentation is hot included, the WMP shall be
deemed incomplete.
C. The Building Official shall only approve a WMP if he
or she determines that all of the following conditions have been
met:
1. The WMP provides all of the required
information set forth in this Section, and any other requested
information deemed necessary by the Building Official;
2. The WMP indicates that at least the required
percentage of each type of construction and demolition debris
generated by the project, as set forth in Section 9.65.010, or lower
alternate diversion rates as justified in the submitted WMP and
approved in writing by the Building Official, shall be diverted; and
Ordinance Number 1578
3. The Applicant has submitted an appropriate
Waste Diversion Fee Deposit and Administrative Fee for the project
in accordance with Section 9.65.045.
D. Upon approval of the Building Official, a Master
Waste Management Plan may be submitted for multiple tenant
improvement Covered Projects that will be completed during a
single calendar year. The information in the Master Waste
Management Plan must conform to the requirements contained in
Section B, and must be presented for each individual Covered
Project included in the Master Waste Management Plan.
E. If the Building Official determines that the WMP is
incomplete or fails to indicate that at least the required percentages
(or approved lower alternate diversion rates) of all construction and
demolition debris generated by the project will be diverted, he or
she shall either:
1. Return the WMP to the Applicant marked
"Disapproved," including a statement of reasons for disapproval; or
2. Return the WMP to the Applicant marked
"Further Explanation Required," including a statement of necessary
information or explanation.
F. If during the course of a Covered Project the
Applicant determines based on new or previously unknown or
undiscovered conditions that he or she will be unable to meet the
required diversion rates (or approved lower alternate diversion
rates), the Applicant may submit a revised WMP to the Building
Official including documentation supporting and justifying lower
alternate diversion rates. The Building Official, in his or her sole
discretion, may approve or reject the revised WMP and the lower
alternate diversion rates.
§ 9.65.045 Waste Diversion Fee Deposit and Administrative
Fee Required.
A. Waste Diversion Fee Deposit. As a condition
precedent to the issuance of any construction, demolition, or similar
permit for a Covered Project, the Applicant shall post a deposit with
the City in an amount per square foot of building area related to
Covered Project that will be constructed, demolished, or renovated,
as established by resolution of the City Council. In no case shall
the required deposit exceed $50,000 for any single Covered
Project. The deposit shall be returned in total to the Applicant,
promptly and without interest, at the conclusion of the project and
upon the Applicant presenting proof satisfactory to the Building
Official that no less than the required diversion rates (or approved
lower alternate diversion rates) of construction and demolition
debris generated by the Covered Project have been recycled,
reused or otherwise diverted from landfills to the extent indicated in
the approved WMP. City-sponsored construction, demolition and
renovation activities shall be exempt from the Waste Diversion Fee
Deposit requirements.
If lesser diversion rates of construction and demolition debris
tonnage than required were diverted, the deposit refund shall be
retumed on a pro-rata basis based on the percentage of
compliance with the required diversion rate.
Ordinance Number 1578
Failure to comply with the provisions of Section 9.65.055 will
result in the Applicant's forfeiture of the entire Waste Diversion Fee
Deposit.
B. Waste Diversion Administrative l=ee. As a
condition precedent to the issuance of any construction, demolition,
or similar permit for a Covered Project, the Applicant shall pay an
administrative fee with the City in an amount per square foot of
building area related to Covered Project that will be constructed,
demolished, or renovated, as established by resolution of the Ciiy
Council. City-sponsored construction, demolition and renovation
activities shall be exempt from the Waste Diversion Administrative
Fee requirements.
C. Certificates of Occupancy on a project shall not be
withheld due solely to the failure of a project to achieve the
diversion requirements of the WMP.
D. The City may at anytime, by formal resolution of the
City Council, modify the basis for calculation of the required fee
deposit or administrative fee.
§ 9.65.050 On-site Practices.
During the course of completion of the Covered Project, the
Applicant shall divert the required percentage of waste and keep
records of such activities in a form specified by the Building Official.
The Building Official will evaluate and may monitor each Covered
Project to determine the percentage of waste recycled or reused
from the Covered Project. For Covered Projects involving both
construction/renovation and demolition activities, diversion of
materials from demolition activities shall be tracked and measured
separately from diversion of materials from construction/renovation
activities. To the maximum extent feasible, project waste shall be
separated on-site if this practice increases diversion. For
construction, demolition and/or renovation projects, on-site
separation shall include, but not be limited to, salvageable materials
(e.g., fixtures, appliances, and other similar items) and dimensional
lumber, wallboard, concrete and corrugated cardboard.
§ 9.65.055 Reporting.
A. Within 30 days following the completion of the
demolition phase of a Covered Project, and again within 30 days
following the completion of the construction and/or renovation
phase of a Covered Project, the Applicant shall, as a condition
precedent to receiving a refund of the Waste Diversion Fee Deposit
set forth in Section 9.65.045, submit documentation demonstrating
to the satisfaction of the Building Official compliance with both the
diversion requirements set forth in Section 9.65.010, and the
approved WMP for the project.
The documentation shall include (i) a copy of the approved
WMP; (ii) actual waste tonnage supported by original or certified
photocopies of receipts and weight tags or other records of
measurement from recycling companies, deconstruction
contractors, end users, and/or landfill and disposal companies; and
(iii) any other documentation required in the approved WMP.
Receipts and weight tags will be used to verify whether waste
generated from the Covered Project has been or will be recycled,
reused, or disposed. The Applicant shall make reasonable efforts
to ensure that ail designated recyclable and reusable waste is
Ordinance Number 1578
measured and recorded using the most accurate method of
measurement available.
B. To the extent practical, all construction and demolition
waste shall be weighed in compliance with all regulatory
requirements for accuracy and maintenance. For construction 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 standardized conversion rates and
methodologies approved by the Building Official.
C. If a Covered Project involves both demolition and
renovation or construction, the report and documentation for the
demolition phase of the project must be submitted and approved by
the Building Official prior to the issuance of a building permit for the
construction or renovation phase of the project. Alternatively, the
Applicant may submit a letter stating that no non-hazardous solid
waste or recyclable materials were generated from the Covered
Project, in which case this statement shall be subject to verification
by the Building Official.
D. Any deposit posted pursuant to Section 9.65.045 of
this Chapter shall be forfeited if the Applicant does not meet the
timely reporting and other requirements of this section.
§ 9.65.060 Appeals.
If an Applicant is aggrieved by any decision of the Building
Official under this Chapter, the Applicant may appeal pursuant to
the provisions of Title 1: General Provisions, Chapter 1.15:
Enforcement."
SECTION 2. Title 6, Franchises, Chapter 6.20, Solid Waste and
Recyclables, Section 6.20.170, Construction and Demolition Sites is hereby
amended to read as follows:
"§ 6.20.170 Construction and Demolition Sites.
A. All owners, builders and demolition contractors shall
maintain their construction and demolition sites in a clean, safe and
aesthetic manner and free of any solid waste.
B. Any collector may collect construction and demolition
waste. The collector must comply with all provisions of Title 9,
Public Property, Public Works and Building Regulations, Chapter
9.65, Recycling and Diversion of Construction and Demolition
Waste:'
SECTION 3. Title 6, Franchises, Chapter 6.20, Solid Waste and
Recyclables, Section 6.20.180, Unauthorized Containers is hereby amended to
read as follows:
"§ 6.20.180 Unauthorized Containers.
No cardboard box or paper or plastic bag may be used as a
receptacle for solid waste or recyclables. Except as expressly
authorized by this Chapter, no person other than a collector may
place a container or other receptacle for the collection of solid
waste or recyclables within the City. The City shall have the
authority to impound: (1) containers owned or leased by, or
otherwise under the control of, non-franchised or unauthorized
collectors and other persons; and (2) containers that are not
Ordinance Number 1578
properly identified pursuant to Section 6.20.225.8.1. The City may
impound such containers anywhere in the City using any means
available and may deliver such containers to an impound facility of
its choosing. The City shall arrange to have the solid waste present
in such containers delivered to a material recovery facility,
recycling facility, or other facility of its choosing. In order to retrieve
such containers from impound, the owner or an authorized
representative of the owner of said containers must first reimburse
the City for any and ali expenses the City incurs related to this
enforcement action, including but not limited to disposal fees. The
owner or authorized representative of the owner of said containers
may then retrieve said containers from the impound facility operator
after paying the operator any retrieval fees. In the City's sole
discretion, the owner of said containers shall also be subject to any
other penalty authorized by this Chapter."
SECTION 4. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 28th day of July , 2008.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held on
the 14th day of Julv , 2008 and was passed, approved and adopted by
the City Council at a meeting held on the 28th day of Julv , 2008 by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance Number 1578 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk