Ordinance No. 1097451
ORDINANCE NO. 1097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 12 OF THE
CYPRESS MUNICIPAL CODE ESTABLISHING A REQUIREMENT
TO SUBMIT AND COMPLY 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 of 50 percent of the construction and
demolition debris resulting from their projects.
Section 2. Application. The following projects are "covered projects" under the
ordinance:
(1) Residential additions of 1,000 square feet or more of gross floor area;
(2) Tenant improvements of 3,000 square feet or more of gross floor area;
(3) New structures of 1,000 square feet or more of gross floor area;
(4) Demolition of 1,000 square feet or more of gross floor area.
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. Chapter 12 of the Cypress Municipal Code is amended by adding Article
VIII to read, 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 Projects exempt from chapter
12 -33 Materials Questionnaire requirements
12 -34 Review of Materials Questionnaire
12 -35 Materials compliance within this chapter
12 -36 Exception from compliance with this section
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 a minimum of 50 percent of
the 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.
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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) "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.
(d) "Construction" means the building or enlargement of any structure, or any
portion thereof, and includes without limitation alterations to improvements to
an existing structure.
(e) "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.
(f) "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 Integrated Waste Management
Board.
(g) "Covered project" means any project meeting the thresholds referenced in
the Summary.
(h) "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.
(i) "Deconstruct" and "deconstruction" means the careful and systematic
dismantling of a structure in order to salvage materials for diversion.
(j) "Director" means the Director of Public Works.
(k) "Divert" and "diversion" means the reuse of construction and demolition
debris to avoid disposal in a landfill.
(1) "Diversion requirement" means the diversion of a minimum of 50 percent
of the total construction and demolition debris generated by a project, or the
lower percentage requirement granted by exception pursuant to Section 12-
39.
(m) "Paving" means driveways, walkways, parking areas, streets and
sidewalks.
(n) "Performance security" means cash, certified or cashiers' check,
certificate of deposit, a letter of credit or other security in a form approved by
the Director.
(o) "Permit" means any building or demolition permit.
(p) "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.
(q) "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.
(r) "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.
(s) "Materials Questionnaire" means an application packet approved by the
Director of Public Works for the purpose of reviewing project compliance of
this section.
(t) "Compliance Official" means the Director of Public Works of his official
designee.
12 -30 Application of chapter to covered projects
(a) Unless otherwise exempt under Section 12 -32, 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. Residential additions of 1,000 square feet or more of gross floor area;
2. Tenant improvements of 3,000 square feet or more of gross floor area;
3. New structures of 1,000 square feet or more of gross floor area;
4. Demolition of 1,000 square feet or more of gross floor area; and
(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 a minimum of 50 percent
of the construction and demolition debris.
12 -32 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) Projects in any single - family residential district, which consist solely of either
an accessory structure or a swimming pool.
(c) 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.
(d) A project for which a valid building permit has been lawfully issued by the
City prior to the effective date of this ordinance.
12 -33 Materials Questionnaire requirements
All applicants for covered projects 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
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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 -34 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 -33 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 -35 Materials compliance reporting within this chapter
(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.
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12 -36 Exception from compliance with this section
Prior to commencing demolition or construction, an applicant wishing relief
from the requirements of this chapter may seek an exception, partial or
complete, from the requirements of this section through the following
process:
(a) Initiation. This exception process shall be initiated by the filing of a complete
exception application with the Compliance Official. The Compliance Official
shall determine the completeness of the exception application within 5
business days of the filing of the application.
(b) Definition on application. 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 business days following the determination that the
application is complete.
(c) Findings. 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;
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 section is not the
primary reason for granting the exception.
12 -37 Appeal
Any person or entity aggrieved by any decision or finding under the
provisions of this chapter with respect to approving or denying a Materials
Questionnaire or to granting or denying an application for an exception from
compliance with this chapter, may appeal such decision or finding. An
appeal must be filed within 3 days after receipt of notice of any protested
decision or finding by filing with the Director a letter of appeal briefly stating
therein the basis for such appeal. A hearing shall be held on a date no more
than ten days after receipt of the letter of appeal. Appellant shall be given at
least 5 days notice of the time and place of the hearing. A hearing officer,
appointed by the City Manager, shall give the appellant, and any other
interested party, a reasonable opportunity to be heard, in order to show
cause why the decision or finding should not be upheld. In all such cases,
the burden of proof shall be upon the appellant to show that there was no
substantial evidence to support the decision or finding appealed. At the
conclusion of the hearing, the hearing officer shall make a final and
conclusive determination.
12 -38 Violation of this chapter
It shall be unlawful and a violation of this section to do any of the
following:
(a) To willfully fail to comply with any provision of this section.
(b) To provide false or misleading information in any plan, report, or document
required in this section.
(c) To fail to meet the diversion requirement for any covered project.
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12 -39 Prosecution of violations
A violation of any provision of this section shall be prosecuted as a
misdemeanor or infraction at the option of the City prosecutor and as further
set forth in Section 12 -40 with respect to penalties and administrative
proceedings.
12 -40 Penalties and administrative proceedings
(a) Misdemeanors. Any person who violates any provision of Section 12 -38(a) or
(b) is guilty of a misdemeanor and shall be punished by fine or by
imprisonment for a period of not more than 6 months or by both such fine
and imprisonment.
(b) Infractions. Any person who violates 12 -38(c) or any other provision of this
section is guilty of infraction and shall be punished by a fine. Each person
convicted may be deemed guilty of a separate offense for every day during
any portion of which any violation is committed or permitted. For violations of
Section 12- 38(c), the violation shall be considered to commence on the date
when demolition or construction first commenced. This date is presumed to
begin on the commencement date provided by the applicant in the Materials
Questionnaire.
(c) In addition to the penalty provision of subsections (a) and (b) of this section,
violations to this article may be subject to fines, including, but not limited to,
civil penalties, administrative fees, and other related charges as established
by resolution of the City Council.
12 -41 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.
FIRST READING at a regular meeting of the City Council of said City held on the 26th
day of November 2007, and finally adopted and order posted at a regular meeting held on the
10th day of December, 2007.
ATTEST:
Ne4L-02-e, Pieli-Pc‘P-01
CITY CLERK OF THE CITY OF CYPRESS
MAYOR OF THE CIT OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 10th day of December, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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