HomeMy WebLinkAbout11/4/2009 - STAFF REPORTS - 3.A. Page 1 of
Michele Mician
From: Michele Mician
Sent: Tuesday, October 27, 2000 1:42 PM
To: james.brownyard@desertchapter.com
Cc: Gary Calhoun
Subject: RE: Revised Palm Springs C&D Ordinance
Hi James,
Could you please send an email of support for the ordinance if the changes made work for the BIA?
Thanks,
Michele
Also- please note below:
FISCAL IMPACT:
The City's Building Department has indicated that there would be a minimal impact on
their workload schedules as long as the enforcement of this Ordinance was included in
their inspection schedules of covered projects.
The requirement for applicants to submit weight tickets and other verifying
documentation will act as an added check on ensuring that they are complying with the
requirements of this Ordinance.
The amount of time for Building Department staff to collect and track weight tickets will
also be nominal.
Michele Catherine Mician, MS
Manager, Office of Sustainability
3200 E. Tahquitz Canyon flay
Palm Springs, CA 92263-2743
Ph: 760-323-8214
Please consider the enviroriment before printing this email].
From: Gary Calhoun [mailto:garylcalhoun@hotmail.com]
Sent: Tuesday, October 27, 2009 11:56 AM
To: Michele Mician; Jennifer Henning; james.brownyard@desertchapter.com
Subject: Revised Palm Springs C&D Ordinance
Please find attached the revised C & P Ordinance. Canges in sections 6.15,040 e and
6.15.100 H have been highlighted in red. A_1ofd;4ona / tJ6�Tlql
I will make the appropriate changes to the staff report and forward that shortly. /A.
11/4/2009 a l q to A
Moe 2 of 2
IF you have any questions or comments, please email or call me at (760) 574-2582.
Thanks,
Gary
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City of Palm Springs QcTobCr 29. 2009
Liichele Catherine Mcian, NIS
Manager, Office of Susiainahiiit,
3.200 E. rahquirr Canyon 1Va)
Palm Sprngs, Cry 92263-274+
Ro: Recycling and WEste Diversion Ordinance
Dear Nis- Mician:
The Desc-,7 Chapter of-the Buddino Indusir}' Association has had the oppo;,uniiy to
revie%% the CiiN of Palm Springs ordinance to amend the municipal code relating to
recyclimL and diversinn of debris From construction and deconstruction activities-
with the minor modilicattons the Chapter is prepared to support the ordinance.
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9`'FO % CITY COUNCIL STAFF REPORT
DATE: November 04, 2009 LEGISLATIVE
SUBJECT: Introduction of Construction and Demolition Debris Ordinance Adding
Chapter 6.15 of Title 6 to the Palm Springs Municipal Code
FROM: David H. Ready, City Manager
BY: Office of Sustainability
SUMMARY
Debris from construction and demolition activities in the City of Palm Springs represents
a significant volume of material going to landfills. Staff has prepared a Construction and
Demolition (C&D) Debris Ordinance which requires a minimum of seventy-five percent
(75%) of debris generated from C&D projects, be diverted from land filling through
recycling, reuse and/or salvage. This Ordinance would require that applicants of covered
projects plan, record and demonstrate that waste diversion measures were practiced
using recycling, reuse and/or salvage activities. Covered projects are defined as those
projects requiring a demolition permit, grading permit or building permit whose building,
additions or renovations are 120 square feet or more.
RECOMMENDATION:
1) Waive the reading of the full text of the Ordinance, and introduce by title only.
2) Introduce for first reading Ordinance No. _, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.15 TO THE PALM
SPRINGS MUNICIPAL CODE RELATING TO RECYCLING AND DIVERSION
OF DEBRIS FROM CONSTRUCTION AND DECONSTRUCTION ACTIVITIES."
STAFF ANALYSIS:
C&D debris is waste material that is produced in the process of construction, renovation,
or demolition of structures. Components of C&D debris typically include concrete,
asphalt, wood, metals, gypsum wallboard, some roofing materials, bricks, and land
clearing debris (e.g. trees, stumps and vegetation). Cardboard is also generated at
construction sites as a result of packaging from appliances and products utilized in the
final stages of construction.
According to the California Integrated Waste Management Board (CIWMB) Waste
Stream report for 1999, C&D materials made up approximately 20% of the total waste
stream for the City (percentage includes commercial and residential). The potential
�
ITEM NO. °) ,
City Council Staff Report
November 04, 2009--Page 2
Construction and Demolition Debris Ordinance
increase in diversion for the City of Palm Springs could account for an additional three
percentage points annually if the City is able to divert only one half of our current
tonnage (2007 diversion for Palm Springs is 68 percent).
The CIWMB Act of 1989 requires every city to submit an annual report summarizing its
progress in diverting solid waste from disposal. The report is required to include, among
other things, specific information relevant to compliance with the solid waste diversion
requirements. More recently, the California Legislature felt that waste diversion
programs for C&D debris was significant enough to require additional reporting
responsibilities in this area through Senate Bill 1374, chaptered into law September
2002. Senate Bill 1374 requires annual reporting to include a summary of progress
made in the diversion of C&D waste materials, including information on programs and
Ordinances implemented and quantitative data, where available. If a city falls below the
annual State waste diversion requirement of 50 percent, the City will be required to
adopt a C&D Ordinance or be subject to fines up to and including $10,000 per day.
Senate Bill 1374 also required the CIWMB to create a model Ordinance as a tool to
assist California cities and counties in their efforts to divert this significant part of their
waste stream.
In 2004, the Coachella Valley Association of Governments (CVAG) formed an inclusive
sub-committee which developed a model Ordinance derived from the CIWMB model.
The sub-committee which developed the CVAG model Ordinance Included Ed Kibbey,
Executive Director of the Building Industry Association (BIA), Deborah MacGeary of
Waste Management of the Desert, David Merrill of Indio, Bob Evans of Palm Desert,
Bruce Williams of Rancho Mirage, and Gary Calhoun of Indian Wells. The model
Ordinance developed by the CVAG sub-committee was designed to allow any member
city of CVAG to tailor the model Ordinance to their needs.
The draft before the City Council has been tailored for Palm Springs, with emphasis on
minimizing impacts to the current permit application process; education of homeowners,
contractors, architects and developers; establishing criteria for exceptions to the
Ordinance; establishing a mechanism for penalizing only the violators of the Ordinance,
alternatives; and reaching landfill diversion goals.
City staff, in partnership with the City Attorney's Office, created a plan to reduce the
debris generated from construction and demolition projects within the City of Palm
Springs and to comply with state law, The Sustainability Commission reviewed the draft
Ordinance and asked that Section 6.15.040 B of the draft Ordinance be changed to read
"...divert from the landfill a minimum of 75% of all recyclable, re-useable, and
salvageable debris...".
It is staff's recommendation that the text of the draft Ordinance remain as it is written
and presented to you. Seventy-five percent is a high level of C&D recycling. Specifying a
particular amount to be recycled from each covered project locks City staff into that set
amount. Not every covered project will lend itself to such a high level of recycling. For
example, much of the housing stock in Palm Springs is older. Construction materials
such as lathe and plaster, asbestos, and hazardous materials in floor tiling as well as
City Council Staff Report
November 04, 2009-- Page 3
Construction and Demolition Debris Ordinance
methods used to originally build older structures may not make it possible to capture
75% of materials from a demolition site. Burned out buildings is another example of an
instance where 75% of materials could not be captured for recycling, salvage, or reuse.
Additionally, Mr. James Brownyard of the Building Industry Association (BIA), Desert
Chapter was consulted to review the proposed Ordinance and provide comments. Mr.
Brownyard expressed concern with the 75% level of diversion asking if it was feasible.
One concern was possible increased costs to the builders and developers to meet this
high level of compliance. The ordinance was revised to incorporate the changes
suggested by Mr. Brownyard while retaining the integrity of the ordinance by suggesting
that the owner, the general contractor and all subcontractors divert from the landfill all
recyclable, reusable and salvageable debris to the maximum extent feasible with a
target of 75%.
Applicant Requirements
The applicant For a covered project would be required to submit a Debris Management
Plan to the City prior to receiving a demolition or building permit. The Debris
Management Plan would require the applicant to demonstrate the intention to meet the
diversion requirements of the Ordinance by providing estimates of tonnages and/or
volume of C&D debris expected to be created by the project.
During the project, the applicant must ensure that all construction and demolition debris
is processed at licensed reuse and recycling facilities. Applicants will be provided
information about which facilities are licensed by the State. Applicants must ensure that
the amounts of materials reused and recycled are measured using the most accurate
method of measurement available and keep records of these activities. Prior to the final
building inspection, at which time the majority of reuse and recycling activities have
been completed for the project, the applicant must submit documentation, in the form of
their previously submitted Debris Management Plan, listing a summary of the actual
quantity of C&D debris reused and recycled, along with receipts and weight tags issued
by the facility accepting the C&D debris for reuse or recycling as well as for tonnage
destined for a landfill.
The City will review the documentation submitted for compliance with the diversion
requirements of the Ordinance.
Administration
City Staff responsible for Solid Waste and Recycling, along with the Building
Department, will be responsible for the implementation of the Ordinance, including
review, inspection and verification of the Debris Management Plans. The Debris
Management Plan submission will be combined with the current Planning/Building
process. C&D materials conversion factors for estimating project debris, Debris
Management Plan forms and a form acknowledging the applicant's requirement to
comply with the Ordinance will be given to each applicant.
J
City Council Staff Report
November 04, 2009-- Page 4
Construction and Demolition Debris Ordinance
The City will estimate the tonnage of C&D debris to be generated by the project for the
applicant using an Excel spreadsheet that has been developed for this purpose. The
debris generation rate for the specific type of project, multiplied by the square footage of
the project will be used to estimate the total C&D debris generated. Submittal of the
Debris Management Plan by the applicant would be completed in as little as 15 minutes
and can be completed early on in the permit application process, causing no delay in the
permit process and having a minimal impact on City staff.
Delays in permit issuance could be caused from an applicant's failure to submit a Debris
Management Plan, request for a revised C&D debris generation number, applying for a
waiver of the diversion requirements of the Ordinance, and for not supplying proper
justification for waivers.
Applicants will be required to collect documentation of how the C&D debris from a
project was managed and submit this information to the City's Building Department on a
bi-weekly basis. Bi-weekly required documentation includes original receipts, weight
tags or other records of measurement issued by the C&D debris reuse or recycling
facility that accepted the material. Applicants will be encouraged and have the capability
to submit the final required form and documentation in advance of the final Building
Department inspection.
The City's review of the final documentation submitted by the applicant within 30 days
following completion of project is estimated to take approximately one hour of staff time,
depending on the size and complexity of the project, the thoroughness of the completed
Debris Management Plan form and documentation, the evaluation by staff related to the
meeting of the diversion requirements and the organization of the documentation
submitted.
Minimizing Impact on Applicants
Administration of the C&D Debris Ordinance has been integrated into the permit process
resulting in no delay of permit issuance, if the Debris Management Plan is completed at
the time of the initial permit application.
As a streamlining measure the City will estimate the amount of debris generated by the
project for the applicant, based on debris generation rates established from case studies
in conjunction with the Environmental Protection Agency and the National Association of
Home Builders. This City-calculated C&D debris generation estimate saves time for the
applicant from having to perform calculations and eliminates confusion of which
generation rate to use.
The planning and reporting requirements of the Ordinance were designed to parallel
current industry practices of managing C&D debris from the project site and tracking the
debris via weight tags and receipts. Under current industry practice each time C&D
debris is taken to a disposal facility a weight tag or receipt is generated by the facility
accepting the material and is issued to the person delivering the debris. This receipt or
weight tag documents the type of debris, its origin, designates that it was accepted for C
City Council Staff Report
November 04, 2009-- Page 5
Construction and Demolition Debris Ordinance
disposal, and the weight or volume of the load. Reuse and recycling facilities issue
receipts documenting the same information as those of disposal facilities, indicating the
debris was accepted for reuse or recycling, therefore the facility documentation available
to applicants is consistent.
Applicants are required to submit on a bi-weekly basis during the project, documentation
(weight tags and receipts) indicating proof of meeting the diversion requirements of the
Ordinance, and in accord with the approved Debris Management Plan. For new
construction and additions, the majority of the debris is generated at the framing and
drywall stages of the project, which would allow the applicant to submit the majority of
the documentation at approximately 75% completion of the project. For remodels, much
of the debris is generated by the interior demolition, with the remaining debris generated
by the new construction activity, which would also allow the applicant to submit
documentation at approximately 75% completion of the project.
Demolition of a structure takes anywhere from a few hours to a few days, depending on
the size and scope of the project. Because the demolition phase occurs within a
relatively short period of time, the length of time the contractor must track weight tags
and receipts will also be short. Small projects will have few receipts to track, while
applicants managing large projects often establish accounts with facilities receiving the
C&D debris and can coordinate the tracking of the debris delivered in a summarized
report from the facility, further simplifying the tracking of documentation for their project.
Exceptions are allowed to the diversion requirements, including waivers and the ability
to adjust the estimated tonnage or volume of C&D debris created by a project, with
appropriate justification. If an applicant feels their project cannot meet the requirements
of the Ordinance, they will have the opportunity to address their issues prior to permit
issuance, as well as, during the project. The City's staff is committed to working with the
applicant to comply with the Ordinance.
FISCAL, IMPACT:
The City's Building Department has indicated that there would be a minimal impact on
their workload schedules as long as the enforcement of this Ordinance was included in
their inspection schedules of covered projects.
The requirement for applicants to submit weight tickets and other verifying
documentation will act as an added check on ensuring that they are complying with the
requirements of this Ordinance.
The amount of time for Building Department staff to collect and track weight tickets will
also be nominal.
City Council Staff Report
November 04, 2009 -- Page 6
Construction and Demolition Debris Ordinance
jr
David H. Ready, ager Thomas J. ilsgri Assistant City Manager
CJ �G�
Michele C- Mician, Sustainability Manager Gary L. Calhoun, Recycling Coordinator
Attachment: 1. Draft Construction and Demolition Debris Ordinance
I�
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS ADDING CHAPTER 6.15 TO THE PALM SPRINGS
MUNICIPAL CODE RELATING TO RECYCLING AND DIVERSION OF
DEBRIS FROM CONSTRUCTION AND DECONSTRUCTION
ACTIVITIES
CityAttorney's Summary
This Ordinance adds Chapter 6,15 to the Palm Springs Municipal Code
and establishes a comprehensive legislative program forrecycling and
diverting debris from construction and deconstruction or demolition
activities.
The Council of the City of Palm Springs ordains:
SECTION 1. Chapter 6.15 is added to the Palm Springs Municipal Code to read:
CHAPTER 6.15
RECYCLING AND DIVERSION OF DEBRIS
FROM CONSTRUCTION AND DECONSTRUCTION
6.15.010 Findings and Purpose
6.15.020 Definitions
6.15,030 Designated Recyclable and Reusable Materials
6.15.040 Diversion Requirements for Covered Projects
6.15.050 Diversion Requirement Exemptions
6.15.060 Construction and Deconstruction Debris Plan
6.15.070 Reporting
6.15.080 On-site Practices
6.15.090 Exception Procedure
6.15.100 Appeal
6.15.110 Public Nuisance
6.15,120 Reserved
6.15.130 Reserved
6.15.140 Reserved
6.15.150 Reserved
6.15.160 Modification, Suspension and/or Revocation of Validly Issued Permit
and/or License
6.15.170 Additional Penalties
641926.1
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6.15.010 Findings and Purpose
A. The City Council of the City of Palm Springs finds and determines that the City is
committed to protecting the public health, safety, welfare, and environment, and that in order
to meet these goals, it is necessary the City promote the public purposes served by this
Chapter and adopt the following regulations pursuant to these findings.
B. The City finds that the State of California, through its California Integrated Waste
Management Act of 1989, Assembly Bill 939 (AB 939, the "Act"), required that each local
jurisdiction in the state divert 50% of discarded materials (base year 1990, state
methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that
diversion rate-
C. The City finds that every local jurisdiction, city and county in California, including the
City of Palm Springs faces fines up to $10,000 a day for not meeting the above mandated
goal.
D. The City finds that reusing and recycling construction and demolition debris is
essential to further the City's efforts to reduce waste and comply with the goals of the Act.
E. The City finds that construction and demolition debris waste reduction and recycling
have been proven to reduce the amount of material that is landfilled, has been proven to
increase site and worker safety and to be cost effective-
F. The City finds that the commitment to the reduction of waste and compliance with
state law requires the establishment of programs for recycling and salvaging construction
and demolition materials.
G. The City finds that requiring demolition and construction debris to be recycled and
reused may in some respects add modestly to the cost of demolition and construction and in
other respects may make possible some cost recovery and cost reduction.
H. The City finds that, except in unusual circumstances, it is feasible and reasonable for
parties who generate debris to divert and recycle construction and demolition debris from
construction, demolition, and renovation projects to the maximum extent feasible_
6.15.020 Definitions
A. "Applicant" means 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 and/or renovation project within the City.
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641926.1
B. "Compliance Official"means the City Manager or his/her designee, including an agent
acting on behalf of the City, assigned to evaluate Construction & Demolition Debris Plans,
monitor project progress, and determine compliance or non-compliance with this Chapter.
C. "Construction"means all building, landscaping, remodeling, repair, addition, removal
or demolition involving the use or disposal of Designated Recyclable and Reusable Materials
as defined in Section 6.15.030.
D. "Construction and Deconstruction Debris" means and includes the residual and waste
building materials, packaging and rubble resulting from construction, remodeling, repair, and
demolition operations on pavements (street, curb, gutter, sidewalk, and walkways),
residential structures, commercial structures and public infrastructure improvements (dry
wells, lift stations, storm water or sewer systems or channel linings) and other structures.
Construction and Deconstruction Debris includes, but is not limited to, the following items:
(1) components of the building or structure or improvement that is the subject of the
construction work including, but not limited to, lumber and wood, gypsum wallboard, glass,
metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe,
concrete, fully cured asphalt, heating, ventilating, and air conditioning systems and their
components, lighting fixtures, appliances, equipment, furnishings, and plumbing fixtures;
(2) tools and building materials utilized in the course of the construction work including
material generated at construction trailers, such as blueprints, plans, and other similar
wastes;
(3) cardboard and other packaging materials derived from materials installed in or
applied to the building or structure or from tools and equipment used in the course of the
construction work; and
(4) plant materials resulting from construction work when commingled with dirt, rock, inert
debris or construction and demolition debris.
E. . "Construction and Deconstruction Debris Plan"means a plan required to be submitted
by applicant to City for approval for the purpose of demonstrating compliance with the
requirements of this Chapter-
F. "Contractor" means any person or entity holding, or required to hold, a contractor's
license of any type under the laws of the State of California, or who performs (whether as
contractor, subcontractor or owner-builder) any construction, remodeling, repair and
demolition operations on pavements, residential and commercial buildings and other
structures in the City.
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G. "Covered Project" means a construction, demolition, addition, alteration, repair and
remodel project within the City requiring a building or demolition permit or a landscaping
project requiring a development permit or a grading project requiring a grading permit.
H. "Diversion" means redirection of material that would previously be disposed into the
landfill_ Appropriate diversion methods include transfer of materials to licensed recycling
facilities, approved on-site reuse techniques, and other waste minimization methods
approved by the Compliance Official.
I. "Exempt" means projects described by the criteria outlined in Section 6.15.050 that
are exempt from the requirements of this Chapter-
J. "Licensed Recycling Facility" means approved processing facility by City, County,
State, or Federal Government
K. "Non-covered Projects" means projects that are not described by the definition of
"Covered Projects."
L. "Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become landfilled solid waste, and returning
these materials to the economic mainstream in the form of raw material for new, reused, or
reconstituted products that meet the quality standards necessary to be used in the
marketplace.
M. "Renovation" means any change, addition, or modification to an existing structure-
N. "Residential Standards" means standards that apply to the construction of residential
development.
O. `Reuse" means further or repeated use of Construction and Deconstruction Debris.
P. "Salvage" means the controlled removal of Construction and Deconstruction Debris
from a permitted building or demolition site for the purpose of recycling, reuse, or storage for
later recycling or reuse.
6.15.030 Designated Recyclable and Reusable Materials
A. Recyclable and reusable materials include, but are not limited to, the following:
1. appliances including, but not limited to ovens, stoves, refrigerators, freezers, water
heaters, air conditioners, evaporative coolers, washers, dryers, lighting and mechanical
equipment;
2, cardboard containers and materials;
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641926 1
3. drywall and plaster materials including drywall, gypsum, and sheetrock;
4. plant materials, which includes tree trimmings, grass, leaves, roots, branches and
palm trees to include their fronds and root balls;
5. masonry building materials, including but not limited to, all products generally used in
construction (concrete, rock, stone, stucco, brick and the like);
6. all metals including, but not limited to, ferrous (steel, stainless steel, steel piping,
roofing, and flashing) and non-ferrous (aluminum, copper, and brass);
7, paving materials including asphalt, brick, concrete, paver blocks and the like;
8. roofing materials including wood shingles as well as asphalt, stone, concrete, metal,
roof tiles and slate based roofing material;
9. salvageable materials including, but not limited to wallboard, door and window frames,
doors, windows, plumbing or electrical fixtures, toilets, sinks, bathtubs and mechanical
equipment;
10. wood waste includes any and all dimensional lumber, fencing or construction wood
that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
and
11. any other Construction and Deconstruction debris that is non-hazardous and for
which an economically feasible market exists.
6.15.040 Diversion Requirements for Covered Projects
A. Any Covered Project shall be subject to the provisions of this Chapter, except forthe
exemptions noted in Section 6.15.050 and the exceptions noted in Section 6.15.090.
B. It shall be the responsibility of the owner, the general contractor and all
subcontractors to divert from the landfill all recyclable, reusable and salvageable debris to
the maximum extent feasible with a target of 75% as required in the Construction and
Deconstruction Debris Plan. On-going compliance with this section is a condition precedent
to issuance of any Covered Project's permit. For purposes of this section, permit shall
include required permits for development, building, demolition, or grading. Salvaged
materials may be given or sold on the premises, or may be removed to a reuse warehouse
facility for storage or later sale.
6.15.050 Diversion Requirement Exemptions
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641926.1
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A. The Compliance Official may determine that a Covered Project is exempt if one of the
following criteria is met:
1. work for which a permit is not required;
2. roofing projects that do not include tear-off of existing roof or some portion thereof;
3. remodels, alterations, or additions with total area less than five hundred square feet;
4. work for which only a plumbing, only an electrical, or only a mechanical permit is
required;
5, seismic tie-down installation; or
6. installation of pre-fabricated patio enclosures or accessories such as signs or
antennas where no structural building modifications are required to complete the entire
project.
6.15.060 Construction and Deconstruction Debris Plan
A. Prior to starting the Covered Project, every applicant shall submit a properly
completed "Construction and Deconstruction Debris Plan"("Construction and Deconstruction
Debris Plan") to the Compliance Official, in a form as prescribed by that Official, prior to
initiating the development, building, demolition, or grading permit process.
B. It is the responsibility of the owner, contractor, or subcontractor to divert waste
generated by a Covered Project to the maximum extent feasible, and to remain in
compliance with the requirements of this Chapter until termination of the Construction and
Deconstruction Debris Plan and completion of the project.
C. Approval of the Construction and Deconstruction Debris Plan as complete and
accurate shall be a condition precedent to the issuance of any development, building,
grading or demolition permit for the Covered Project.
D. Approval of the Construction and Deconstruction Debris Plan shall not be required
where emergency demolition is required to protect public health or safety.
E, A Construction and Deconstruction Debris Plan shall be approved or denied no later
than five (5) business days after a complete application is made. The Compliance Official
shall only approve the Construction and Deconstruction Debris Plan if he or she determines
all of the following conditions have been met:
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6,11926,1 q
LL
1. the Construction and Deconstruction Debris Plan provides all of the information set
forth in this section, or as otherwise prescribed in writing from time to time by the
Compliance Official, under terms that conform to this Chapter; and
2. the Construction and Deconstruction Debris Plan indicates that the diversion
requirements of Section 6.15.040 are met in full.
F. If the Compliance Official determines that the Construction and Deconstruction Debris
Plan is incomplete or fails to conclusively demonstrate that the diversion requirements of
Section 6.15.040 will be met, he or she shall either:
1. return the Construction and Deconstruction Debris Plan to the Applicant marked
"Disapproved", including a written statement of reasons, and will notify the building
department, which shall then immediately stop processing the development, building,
grading or demolition permit application; or
2. return the Construction and Deconstruction Debris Plan to the Applicant marked
"Further Explanation Required," with a written statement of the nature of explanation to be
submitted.
6.15.070 Reporting
A. To the extent practical, as determined by the Compliance Official, all Construction
and Deconstruction Debris, whether landfilled or diverted, shall be weighed in compliance
with all regulatory requirements in effect at the time relating to accuracy and maintenance of
weighing equipment. For Construction and Deconstruction Debris for which weighing is not
practical due to small size or other considerations, a volumetric measurement shall be used.
For conversion of volumetric measurements to weight, the Applicant shall use standardized
conversion rates approved by the City for this purpose.
B. No later than sixty (60) days from the completion of the Covered Project, the
Applicant shall submit a compliance reporting form to the Compliance Official. The form
shall include the following information:
1. The dates demolition and construction actually commenced;
2. The actual volume or weight of construction and demolition debris, listed for
each material;
3. The actual volume or weight of construction and demolition debris that was
diverted listed for each material;
4. A specification of the method used to determine the volume and weights and
a certification, under penalty of perjury, that the method used was the most accurate,
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641926,1
4 �
commercially reasonable method available; and
5. Original receipts from all vendors and facilities, which collected or received
construction and demolition debris, indicating actual weights and volumes received by each.
C. If the Applicant fails to complete this requirement, the Compliance Official may.-
1. notify the Applicant in writing that the Covered Project does not comply with the terms
of this article and has ten (10) days to submit the required report(s); and
2. declare the Covered Project as noncompliant and issue or cause to be issued a"Stop
Work" order for the Covered Project.
6.15.080 On-site Practices
To the maximum extent feasible, waste generated from a Covered Project shall be
separated on-site. For construction and/or demolition projects, on-site separation shall
include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.,) and
dimensional lumber, wallboard, concrete and corrugated cardboard.
6.15.090 Exception Procedure
A. Prior to commencing demolition or construction, an Applicant wishing relief may seek
an exception, partial or complete, from the requirements of this chapter through the process
described in this section. This section is supplemental to Section 6.15.060 insofar as it
exempts the applicant from compliance with Chapter 6.15.040 under appropriate
circumstances. However, the exception procedure involves the exercise of discretion by the
Compliance Officer for projects that would otherwise, from their nature and size, fall within
the requirements of this Chapter.
B. This exception process shall be initiated by the filing of an exception application with
the Compliance Official. The Compliance Official shall determine the completeness of the
exception application within five (5) business days of the filing of the application.
C. Following consideration of the exception application, the Compliance Official shall either
make the required findings and take action on the application or shall state why the findings
cannot be made and deny the application. A decision on the application shall be rendered
within ten (10) business days following determination the application is complete.
D. All of the following findings must be made prior to the approval of an exception:
1. there are exceptional or extraordinary circumstances or conditions applicable to the
project that do not apply generally to similar projects;
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2. granting the application will not constitute a grant of special privilege inconsistent with
limitations imposed on like projects; and
3. cost to the Applicant of strict compliance with this chapter is not the primary reason
for granting the exception.
6.15.100 Appeal
A. An applicant may appeal any of the following determinations of the Compliance
Official by filing a complete and proper appeal with the Compliance Official pursuant to this
section:
1. that the applicant has failed to remain in compliance with the diversion requirements
of Section 6.15.040;
2. that the applicant has failed to remain in compliance with the reporting requirements
of Section 6.15.070;
3. that the applicant has failed to remain in compliance with the Construction and
Deconstruction Debris Plan as required by Section 6.15.060;
4. that the applicant has failed to remain in compliance with on-site practices under
Section 6.15.080;
5, denial of an exemption under Section 6.15.050; and
6. denial of an exception under Section 6.15.090.
B. All appeals filed pursuant to this section shall be in writing and shall contain the
following information:
1. name(s) of each appellant and their legal or equitable interest in the appeal;
2. a brief statement in ordinary and concise language of the specific items protested,
together with any material facts claimed to support the contentions of the appellant;
3. a brief statement in ordinary and concise language of the relief sought and the
reasons why the Compliance Official's determination should be reversed, modified or
otherwise set aside; and
4. the signatures of all parties named as appellants and their official mailing addresses.
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C. A complete and proper appeal as described in this section shall be filed with the
Compliance Official within ten calendar days from the date of completion of service of the
Compliance Official's written determination. Notice that is personally served is deemed
completed at the time of such personal service. Notice that is served by mail is deemed
completed on the date said Notice is deposited in the mail. Any appeal not timely filed shall
be rejected.
D. A filing fee as established by City Council resolution or any amendments thereto for
an appeal filed pursuant to this section must be paid to the City at or prior to the time of the
filing of such appeal. Any appeal filed without payment of the filing fee shall be deemed
incomplete.
E. Not later than five calendar days from the date the appeal is filed, the Compliance
Official or his or her designee shall determine whether the appeal is complete. If the appeal
is determined to be incomplete, the Compliance Official or his or her designee shall
immediately mail to the appellant a Notice of Incomplete Filing that shall provide a written
explanation of each reason why the appeal has been determined to be incomplete. If
service of the Notice of Incomplete Filing is completed within five calendar days from the
date the appeal is filed, the ten-day time period within which to file a completed appeal shall
not be extended.
F. Failure to timely and properly file an appeal pursuant to this section shall constitute a
waiver of all rights to an administrative appeal hearing and adjudication of the Compliance
Official's determination,which shall be deemed final on the date that service of the notice of
said determination is deemed completed pursuant to this section.
G. Timely and properly filed appeals shall be conducted before an administrative hearing
officer in accordance with the provisions of Chapter 1.06.060 of this Code.
K Enforcement of the appealed determination shall be stayed during the pendency of a
timely and properly filed appeal pursuant to this section.
6.15.110 Public Nuisance
A violation of this chapter by any person responsible for committing, causing or maintaining
such violation, shall constitute a public nuisance which shall be subject to the provisions of
Chapter 1.01.170 of the Municipal Code, including but not limited to the imposition of any
and all administrative fines and the provisions of any other applicable regulatory codes,
statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other
legal entity or agency having jurisdiction.
6.15.120 (Reserved)
6,15.130 (Reserved)
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6.15.140 (Reserved)
6,15.150 (Reserved)
6.15.160 Modification, Suspension and/or Revocation of Validly Issued
Permit and/or License
A violation of this chapter bythe holder of any city permit and/or city license validly pursuant
to this or any other chapter shall constitute grounds for modification, suspension and/or
revocation of said permit and/or license.
6.15.170 Additional Penalties
A. Nothing in this chapter shall preclude the City from pursuing the remedies provided
elsewhere in the Municipal Code, including but not limited to, as applicable, denial or
revocation of certificates of occupancy, issuance of a stop work orders, and injunctive relief.
B. In addition to the above, failure to correct any condition indicated in a notice of violation
will permit the City to initiate one or more of the following actions where appropriate:
1. a Stop Work Order under the provisions of Section 6.15.070 herein;
2. refusal to issue future permits until applicant has adequately demonstrated
compliance with the notice of violation; and
3. immediate stop to the processing of all pending development, building, grading, or
demolition permits until applicant has adequately demonstrated compliance with the notice
of violation.
SECTION 2. This ordinance shall become effective on the thirty-first day following passage.
ADOPTED THIS DAY OF 2009.
STEPHEN P. POLIGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No_ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on 2009, and adopted
at a regular meeting of the City Council held on 2009 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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