Ordinance No. 1166233
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING ARTICLE VIII TO CHAPTER 12 OF THE CYPRESS
MUNICIPAL CODE RELATING TO REQUIREMENTS FOR THE SUBMISSION AND
COMPLIANCE WITH A MATERIALS QUESTIONNAIRE FOR CERTAIN
CONSTRUCTION AND DEMOLITION PROJECTS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Legislative Intent. The purpose of this ordinance is to reduce landfill waste
from construction and demolition activity by requiring those who undertake specific "covered
projects" to divert, or recycle, a minimum percentage of the construction and demolition debris
resulting from their projects as specified by the California Green Building Standards Code as
adopted by reference in section 5 -1 and modified by section 5 -2 of the Cypress Municipal Code.
Section 2. Application. The following projects are "covered projects" under this
ordinance:
(1) Any residential project subject to the California Green Building Standards
Code Mandatory Measures;
(2) Any non - residential project subject to the California Green Building Standards
Code Mandatory Measures;
Section 3. Applicants. Applicants for a covered project are required to submit a
Materials Questionnaire, along with the application for a construction and demolition permit, and
to submit a Recycling Report prior to the final building inspection.
Section 4. Article VIII of Chapter 12 of the Cypress Municipal Code is amended, in its
entirety, as follows:
"Article VIII
MATERIALS QUESTIONNAIRE FOR CERTAIN CONSTRUCTION AND
DEMOLITION PROJECTS WITHIN THE CITY OF CYPRESS
Sections:
12 -27 Short Title
12 -28 Purposes of ordinance
12 -29 Definitions
12 -30 Application of chapter to covered projects
12 -31 Required diversion rates
12 -32 Performance Security Deposit and Administrative Fee
12 -33 Projects exempt from chapter
12 -34 Materials Questionnaire requirements
12 -35 Review of Materials Questionnaire
12 -36 Materials compliance with this chapter
12 -37 Appeal
12 -38 Violation of this chapter
12 -39 Prosecution of violations
12 -40 Penalties and administrative proceedings
12 -41 Remedies not exclusive
12 -27 Short Title
This ordinance shall be known and designated as the "Construction and
Demolition Waste Management" ordinance.
12 -28 Purposes of Ordinance
The purpose of this ordinance is to reduce landfill waste by requiring an
applicant for every "covered project" to divert the minimum percentage of
construction and demolition debris resulting from that project in compliance with
state and local statutory goals and policies, and to create a mechanism to secure
compliance with the stated diversion requirements.
12 -29 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 any permit, as defined in this chapter, and who is, therefore,
responsible for meeting the requirements of this chapter.
(b) "Building Official" means the City's Building Official.
(c) "California Green Building Standards Code" shall mean the California Green
Building Standards Code adopted by reference in section 5 -1 and modified by
section 5 -2 of the Cypress Municipal Code.
(d) "Completion" means the earliest of the following dates: the date a temporary
certificate of occupancy is issued by the City for a project, the date a
certificate of occupancy is issued by the City for a project, or the date the final
City inspection approving the project is completed.
(e) "Construction" means the building or enlargement of any structure, or any
portion thereof, and includes without limitation alterations to improvements to
an existing structure.
(f) "Construction and demolition debris" shall mean solid waste material resulting
from building, construction, alteration, repair or demolition, including brick,
stone, cement, lumber, plaster, and drywall; packaging; rubble resulting from
construction, remodeling, repair and demolition operations on pavement,
residential and commercial buildings and other structures and sub - structures.
(g) "Conversion rate" means the rate set forth in the standardized conversion
rate table for use in estimating the volume or weight of construction and
demolition debris, approved by the California Department of Resources
Recycling and Recovery (CalRecycle).
(h) "Covered project" means any project that is any of the following:
1. A residential project subject to the California Green Building Standards
Code Mandatory Measures;
2. A non - residential project subject to the California Green Building
Standards Code Mandatory Measures;
(i) "Demolition" means the razing, tearing down or wrecking of any structure,
wall, fence or paving, whether in whole or in part, whether interior or exterior.
(j) "Deconstruct" and "deconstruction" means the careful and systematic
dismantling of a structure in order to salvage materials for diversion.
(k) "Director" means the Director of Public Works.
(1) "Divert" and "diversion" means the reuse of construction and demolition
debris to avoid disposal in a landfill.
(m) "Diversion requirement" means the diversion of a minimum percentage of the
total construction and demolition debris generated by a project as specified in
the California Green Building Standards Code.
(n) "Paving" means driveways, walkways, parking areas, streets and sidewalks.
(o) "Performance security" means cash, certified or cashiers' check, certificate of
deposit, or other method of payment acceptable to the Director.
(p) "Permit" means any building or demolition permit.
(q) "Project" means any proposal for new or changed use, or for new
construction alteration or enlargement of any structure, that requires a permit
from the City of Cypress.
eN n5
(r) "Recycling" and "reuse" mean the process for collecting, sorting, cleansing,
treating and reconstituting construction and demolition debris that would
otherwise be disposed of in a landfill for use as raw material for, new, reused,
or reconstituted products which meet industry standards.
(s) "Structure" means anything constructed or erected that requires a location in
the ground, including a building or swimming pool, but not including a fence
or wall used as a fence, or driveways, or walkways.
(t) "Materials Questionnaire" means an application packet approved by the
Director for the purpose of reviewing project compliance of this section.
(u) "Compliance Official" means the Director or his /her official designee.
12 -30 Application of chapter to covered projects
(a) Unless otherwise exempt under Section 12 -33, projects by the City or by any
applicant meeting the following thresholds shall be considered covered
projects, shall meet the diversion requirement and shall comply with all
provisions of this section.
1. Any residential project subject to the California Green Building Standards
Code Mandatory Measures; or
2. Any non - residential project subject to the California Green Building
Standards Code Mandatory Measures.
(b) Compliance with the provisions of this chapter shall be listed as a condition of
approval on all building or demolition permits issued for a covered project.
12 -31 Required diversion rates
The applicant for a covered project shall divert, at a minimum, the
percentage of construction and demolition debris as specified by the California
Green Building Standards Code.
12 -32 Performance Security Deposit and Administrative Fee
(a) Performance Security Deposit
A performance security deposit shall be provided to the City for any
project under active construction to guarantee compliance with the California
Green Building Standards Code for waste diversion and completion of the
required construction and demolition waste management plan and reporting.
1. Residential projects up to 3,500 square feet shall submit a security
deposit of a flat rate of $1,000. Projects exceeding 3,500 square feet and
multi - family are considered non - residential projects.
2. Non - residential projects shall submit a security deposit of $1 per square
feet of project with a minimum deposit of $1,000 and a maximum deposit
of $50,000 per phase.
3. Failure to comply with the diversion requirements set forth in the
California Green Building Standards Code shall result in forfeiture of the
security deposit.
4. The use of a non - permitted hauler (any hauler other than the City's
Exclusive Franchised Waste Hauler) to haul any waste from the project is
subject to deposit forfeiture.
5. 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 Director that no less than the required
percentages of construction and demolition debris generated by the
project have been recycled, reused or otherwise diverted from landfills to
the extent indicated in the approved Materials Questionnaire.
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6. City- sponsored construction, demolition or renovation activities are
exempt from providing a performance security deposit.
(b) Administrative Fee
As part of any application for, and prior to the issuance of, any building or
demolition permit that involves the creation of construction and demolition debris,
every applicant for covered projects, unless exempt, shall pay to the City a cash
fee sufficient to compensate the City for all expenses incurred in reviewing the
Materials Questionnaire. The amount of this fee shall be $65 for applicants using
the franchised waste hauler and $255 for applicants who elect to self -haul, or as
established by resolution of the City Council.
12 -33 Projects exempt from this chapter
The following projects are exempt from the requirements of this chapter:
(a) Immediate or emergency demolition required to protect the public health,
safety or welfare, as determined by any public safety official or code
compliance officer of the City given prior to demolition.
(b) A project for which an exception, conditional use permit or design review
approval has been obtained from the City prior to the effective date of this
ordinance.
(c) A project for which a valid building permit has been lawfully issued by the City
prior to the effective date of this ordinance.
(d) A project that does not require a Building Permit.
12 -34 Materials Questionnaire requirements
Prior to the issuance of a building or demolition permit for any covered
project, all applicants shall complete and submit a Materials Questionnaire to the
Building Division, as part of the application packet for a permit issued for a
covered project. The Building Official or his designee shall provide the
Compliance Official with the Materials Questionnaire. The Materials
Questionnaire shall include the following information, calculated with the
conversion rate, and shall be attested by the applicant, under penalty of perjury,
as true and correct for all stated facts and as a best estimate based on all
information reasonably available about the project, where all the facts cannot be
ascertained:
1. The estimated volume or weight of construction and demolition debris,
listed for each material;
2. The estimated volume or weight of construction and demolition debris that
can be diverted listed for each material;
3. The estimated volume or weight of construction and demolition debris that
would be landfilled as solid waste;
4. The identification of the vendor or facility that will collect or receive the
construction or demolition debris or that will deconstruct the structure,
and;
5. The estimated due date on which demolition or construction is to
commence.
12 -35 Review of Materials Questionnaire
(a) Time for Review. A Materials Questionnaire shall be approved or denied no
later than 15 business days after a complete application is made. The
approval may be based on imposed conditions reasonably necessary to meet
the standards of this article.
(b) Approval. Notwithstanding any other provision of this article, no permit shall
be issued for any covered project unless and until the Materials
Questionnaire has been approved, based upon the following findings by the
Compliance Official.
1. All of the information required by Section 12 -34 has been provided;
2. The plan establishes a mechanism such that the diversion requirement
shall be met; and
3. Denial. If the Compliance Official denies the Materials Questionnaire the
grounds for denial shall be clearly stated, in writing.
12 -36 Materials compliance reporting
(a) Final Report. No later than 30 days from the completion of a covered project,
the applicant shall submit a compliance reporting form, under penalty of
perjury, 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 or 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 that the method used was the most accurate,
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.
12 -37 Appeal
(a) If an Applicant is aggrieved by any decision of the Director under this
Chapter, the Applicant may appeal the decision to the City Council by filing
with the City Clerk a statement addressed to the City Council setting forth the
name and address of the person filing the appeal, the facts and
circumstances regarding the Director's decision, and the basis for the appeal.
The appeal shall be accompanied by a deposit as established by resolution of
the City Council or actual cost. The City Clerk shall present the appeal to the
City Council following the date of filing. The City Council shall hear and pass
upon the appeal, and the decision of the Council thereupon shall be final and
conclusive.
(b) The right to appeal to the City Council shall terminate upon the expiration of
30 days following the decision of the Director.
12 -38 Remedies not exclusive
To the maximum extent permitted by law, administrative remedies specified in
this article are in addition to and do not supersede or limit any and all other
remedies, civil or criminal. The remedies provided for herein shall be cumulative
and not exclusive."
Section 5. Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
ordinance, or any part thereof is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this article or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this article irrespective of the fact that one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective. To this end the provisions of this article are declared to
be severable.
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FIRST READING at a regular meeting of the City Council of the City of Cypress held on the
28th day of August, 2017 and finally adopted and ordered posted at a regular iy eetjng held on the
11th day of September, 2017.
ATTEST:
614akamn
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
M OR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 11th
day of September, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Berry, Johnson, Peat, Morales and Yarc
None
None
CITY CLERK OF THE CITY OF CYPRESS