AgdaPkt 2013-12-09 Special - Laserfiche WebLink

Browse Search

4.4.A. - Page 2 Article X and in the State's Green Building Codes at CALGreen Sections 4.408 and 5.408. Administration and Provisions of the C&D Ordinance The Community Development Director or his/her designee will be authorized and responsible for implementing the provisions of the ordinance, including handling questionable recycling plans, and tracking results of the program. Applicants will receive information about the program from the Chief Building Official when applying for a land use permit, or when applying for a building or demolition permit. The applicant will complete and submit a Waste Management Plan ("Recycling Plan") form to the Community Development Department for review. The Plan will then either be: a. Approved, allowing the building or demolition permit to be issued; b. Denied, not allowing the building or demolition permit to be issued; or c. Returned to the applicant if determined that additional information is necessary to make a decision as to its adequacy. A deposit would also be charged prior to the issuance of a building or demolition permit, based on the estimated tons of C&D debris to be generated by the project, and based on the Master Fee Schedule. When the project is complete, the applicant must return the approved Recycling Plan along with documentation demonstrating that the diversion requirements were met. The compliance official will then make a determination of whether the applicant has complied with the diversion requirements: a. Full compliance: the applicant has fully complied with the diversion requirements; b. Substantial compliance: the applicant has made a "good faith effort" to comply but for an unforeseen reason could not fully comply; or, c. Noncompliance: the applicant is not in substantial compliance or fails to submit the required documentation. If the applicant achieves full compliance, his/her deposit will be returned in full. If the applicant is substantially in compliance, the compliance official can grant a lower diversion rate for the project if the applicant demonstrates that a 60% diversion rate was not feasible despite a "good faith effort." If the applicant is noncompliant with the requirements, the City will retain the deposit in full. If an applicant is not satisfied with any decision made by the compliance official, the applicant can appeal to the Community Development Director, whose decision is final. ALTERNATIVES The Council could determine to not adopt the proposed ordinance, or amend any of the terms as deemed necessary and appropriate. FISCAL IMPACT Adoption of the ordinance will have no fiscal impact to the City. Minimal additional staff time will be necessary to review C&D recycling plans and determine compliance. An administrative fee (based on the Master Fee Schedule) will be attached to the permit