HomeMy WebLinkAboutOrd. 1532-2017 ,‘�x SA/1Y City of South San Francisco P.O. Box 711 (City Hall,
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(41.1F017 Zoning Ordinance: ORD 1532-2017
File Number: 17-193 Enactment Number: ORD 1532-2017
ORDINANCE ADOPTING CHAPTER 15.60 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATING TO RECYCLING AND
DIVERSION OF DEBRIS FROM CONSTRUCTION AND
DEMOLITION.
WHEREAS,the City of South San Francisco ("City")wishes to adopt regulations pertaining to recycling
and diversion of debris from construction and demolition activities; and
WHEREAS, in accordance with State law, the City recommends adopting regulations that reflect the
State's most up to date diversion goals for processing of development within the City; and
WHEREAS, the City wishes to establish a more stringent ordinance regarding Recycling and Diversion
of Debris from Construction and Demolition.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
Amendments
Chapter 15.60 of the South San Francisco Municipal Code, entitled "Recycling and Diversion of Debris
from Construction and Demolition" is hereby added to read as follows:
Recycling and Diversion of Debris from Construction and Demolition
Sections:
Definitions
Section 15.60.020 Deconstruction and salvage and recovery
Section 15.60.030 Diversion Requirements
Section 15.60.040 Information required before issuance of permit
Section 15.60.050 Administrative Fee
Section 15.60.060 Deposit Required
Section 15.60.070 Reporting
Section 15.60.080 Penalties and Enforcement
15.60.010 Definitions.
For purposes of this chapter,the following definitions apply:
"Construction and demolition debris" means and includes the following:
1 Discarded materials generally considered to be not water soluble and nonhazardous in nature,
including but not limited to steel,copper, aluminum, glass,brick, concrete, asphalt
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File Number: 17-193 Enactment Number: ORD 1532-2017
material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part
of a construction or demolition project or from the renovation of a structure and/or landscaping,
including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land
clearing, landscaping and development operations for a construction project;
2 Remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and
metal scraps from any construction and/or landscape project.
"Contractor" means any person, corporation, partnership, or other 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, owner-builder, or otherwise) any construction, demolition, remodeling,
renovation, or landscaping service relating to buildings or accessory structures in the corporate City
limits of the City of South San Francisco.
"Covered project"means and includes any project which consists of one or more of the following:
1 Demolition work that generates construction and demolition debris where the valuation of the work
exceeds five hundred dollars($500.00), as determined by the Building Official, or designee.
2 The renovation, remodel or addition to an existing structure, or the construction of a new structure
where the cost of the work exceeds fifty thousand dollars ($50,000.00), as determined by the Building
Official, or designee.
3 Commercial, residential, or multifamily residential development and any new structure that is equal
to or greater than two thousand square feet.
4 All re-roofing tear-offs that exceed one hundred(100) square feet.
"Designated recyclable and reusable materials"means and includes:
(1) Inert solids; including asphalt,concrete, rock, stone,brick, sand, soil and fines;
(2) Wood materials, including any and all dimensional lumber, fencing or construction wood that is
not chemically treated,creosoted, CCA pressure treated, contaminated or painted;
(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of
plants that are cleared from a site for construction or other use;
(4) Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, door
frames and fences;
(5) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based
roofing material;
(6) Salvageable materials and structures, including, but not limited to doors, windows, fixtures,
hardwood flooring, sinks,bathtubs and appliances;
(7) Any other materials that the Building Official determines can be diverted due to the
identification of a recycling facility,reuse facility, or market accessible from the County.
"Salvage" means the controlled removal of materials from a covered project, for the purpose of reuse or
storage for later reuse.
"Structure"means anything constructed or erected.
"Waste Management Plan" means a Plan submitted on a form approved by the City that indicates
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File Number: 17-193 Enactment Number: ORD 1532-2017
how all construction and/or demolition debris from the project will be salvaged,reused, or recycled. (See
below in 15.60.30 Diversion Requirements)
15.60.020 Deconstruction and salvage and recovery.
Contractors are encouraged to make every structure planned for demolition available for deconstruction,
salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable
designated recyclable and reusable materials prior to demolition, but at least at the rate set forth in
Section 4.408 of Chapter 4 of the California Green Building Standards Code (CALGreen), as may be
amended from time to time.
Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase
shall be counted towards the diversion requirements of this chapter.
15.60.030 Diversion Requirements.
Construction and demolition debris diversion must comply with Section 4.408 of Chapter 4 of the
California Green Building Standards Code (CALGreen), as may be amended from time to time,
requirement of generated construction materials and any future changes to the diversion rate under that
applicable section.
The diversion requirements of this chapter shall be met by submitting and following a Waste
Management Plan that includes the following:
(1) Deconstructing and salvaging all or part of the structure as practicable; and
(2) Directing one hundred percent of inert solids to reuse or recycling facilities approved by the
City; and
(3) Either:
a. Taking all mixed construction and demolition debris to a mixed construction and
demolition debris recycling facilities approved by the City and taking all sorted or
crushed construction and demolition debris to approved facilities; or
b. Source separating noninert materials such as cardboard and paper, wood, metals,
green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily
recycled materials, and directing them to recycling facilities approved by the City
and taking the remainder to a facility for disposal. In this option, calculations must be
provided to show that the minimum amount of debris as specified by Section 4.408
of Chapter 4 of CALGreen has been diverted.
15.60.040 Information required before issuance of permit.
Every contractor shall submit a properly completed Waste Management Plan, on a form prescribed by
the City's Building Division, as an integral part of the building or demolition permit application process
for a covered project. The Waste Management Plan shall indicate the intended salvage, reuse, and
recycling facilities, chosen from a list of facilities approved by the City, for all construction and/or
demolition debris from the project. Approval of alternative facilities or special salvage or reuse options
may be requested of the Building Official, or designee. Approval by the Building Official, or designee,
of the Waste Management Plan as complying with this chapter shall be a condition precedent to the
issuance of any building or demolition permit for a covered project.
15. 60.050 Administrative Fee.
As a condition precedent to the issuance of any building or demolition permit for a covered project,
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the applicant shall pay a fee as established by resolution to compensate the City for all expenses incurred
in administering this chapter.
15.60.060 Deposit Required.
As a condition precedent to issuance of any permit for a building or a demolition permit that involves the
production of solid waste destined to be delivered to a landfill, the applicant shall post a cash deposit or
bond in the amount of fifty dollars for each estimated ton of construction and/or demolition debris, but
not less than one hundred dollars or more than fifty thousand dollars.
The cash deposit or bond shall be returned, without interest, in total or in proportion, upon proof to the
satisfaction of the Building Official, or designee that no less than the required percentages or proven
proportion of those percentages of the tons of debris generated by the demolition and/or construction
project have been diverted from landfills and have been recycled or reused. If the lesser percentage of
tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The
deposit shall be forfeited entirely or to the extent that there is a failure to comply with the requirements
of this chapter.
15.60.070 Reporting.
No later than thirty days following the completion of a demolition project or construction project, the
contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, submit
documentation to the city that demonstrates compliance with the requirements of this chapter.
The documentation shall consist of photocopies of receipts and weight tags or other records of
measurement or equivalent documentation from recycling companies, deconstruction contractors, and
landfill and disposal companies. The contractor's approved waste management plan shall be completed
by recording and confirming the type of debris diverted and the facilities to which it was taken. The
contractor shall sign the completed waste management plan form to certify its accuracy as part of the
documentation of compliance.
1. Progress reports during construction may be required.
2. All documentation submitted pursuant to this section is subject to verification by the City.
It is unlawful for any person to submit documentation to the City under this section which that person
knows to contain any false statements, including but not limited to false statements regarding tonnage of
materials recycled or diverted, or to submit any false or fraudulent receipt or weight tag or other record
of measurement.
15.60.080 Penalties and Enforcement.
Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable
as provided for in Section 36901 of the Government Code, as that section or its successor reads at the
time of the offense. Each day that a violation continues shall be deemed a new and separate offense.
The Building Official or designee shall have the authority to enforce this chapter as specified in Section
15.06.060 of the South San Francisco Municipal Code, including but not limited to the authority to order
that work be stopped where any work is being done contrary to the provisions of this chapter.
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File Number: 17-193 Enactment Number: ORD 1532-2017
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid
or unconstitutional, the remainder of this Ordinance, including the application of such part or provision
to other persons or circumstances shall not be affected thereby, and shall continue in full force and effect.
To this end, provisions of this Ordinance are severable. The City Council of the City of South San
Francisco, 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 held unconstitutional, invalid, or
unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting for or
against it, in the San Francisco Examiner, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective thirty(30)days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 25th day of
January,2017.
At a meeting of the City Council on 2/8/2017, a motion was made by Richard Garbarino, seconded by
Mark Addiego,that this Zoning Ordinance be approved.The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and Councilmember Addiego
Attest b
,; 111 4
argarviRobert-
Mayor Pradee Gupta
City of South San Francisco
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