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The provisions of this section shall outline the means of achieving compliance with California Green Building Standards Code (24 CCR Part II, Sections 4.408 and 5.408) and this section. Where this section is more stringent, this section applies.

A. Projects.

1. Covered Projects. The following Project categories are Covered Projects and must comply with this section:

a. Any Project requiring a permit for Demolition or Construction, unless defined as a Non-Covered Project in subsection (A)(4) of this section.

b. Any sequenced developments, such as housing subdivision Construction or subdivision Demolition, must be considered as a Project in its entirety for purposes of this section, and not as a series of individual Projects.

c. Any individually built Single-Family home.

2. City-Sponsored Projects. All City Construction and Demolition Projects shall be considered Covered Projects and shall submit a Waste Management Report to the City Manager prior to issuance of any Construction or Demolition permits.

3. Tenant Improvements. All tenant improvements less than 10,000 square feet, and individual Single-Family home Construction, remodel, addition or Renovation, shall submit a Waste Management Report only. No Performance Deposit is required.

4. Non-Covered Projects. A Performance Deposit and Waste Management Report shall not be required for the following:

a. Work for which a Construction or Demolition permit is not required.

b. Roofing Projects that do not include tear-off of existing roof.

c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.

d. Seismic tie-down Projects.

e. Emergency required to protect public health and safety.

B. Submission of Waste Management Report.

1. Construction and Demolition Waste Management Report Forms. Applicants for any Covered Project shall complete and submit a Construction and Demolition Waste Management Report on a Waste Management Report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Public Works Director or designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the Diversion Requirements per CVMC 8.25.020 and the California Green Building Standards Code Sections 4.408 and 5.408. Upon Project completion, the WMR will illustrate how the applicant complied with the Diversion Requirements.

2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no Construction or Demolition permit may be issued until the initial Construction and Demolition Waste Management Report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant’s WMR submittal within 10 business days with an approval, denial, or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the WMR Compliance Official. After notification by the applicant, the WMR Compliance Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived.

3. Amount of Performance Deposit. The applicant for any Covered Project shall submit to the City a Performance Deposit, with the exception of City-sponsored Projects, tenant improvements greater than 1,000 square feet but less than 10,000 square feet, and individual Single-Family home Construction, remodel, addition, or Renovation Projects. The amount of the Performance Deposit shall be calculated as the lesser of three-quarters of one percent of the Total Project cost for new Construction and one and one-half percent of the Total Project costs for Demolition Projects or $30,000 maximum. Acceptable forms of payment include cash, money order, check, or surety bond. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of California, are subject to regulation by the Department of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any Project with a Performance Deposit calculated at $10,000 or less.

Performance Deposit funds in the form of cash, money order, or check will be placed in a secured account. The Performance Deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the Performance Deposit will be refunded on a prorated basis dependent on the degree of compliance.

4. Documentation. Within 30 days after Demolition is completed (if a Demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for premises or properties within a phased Project of any Covered Project, the applicants shall submit to the WMR Compliance Official documentation that it has met the Diversion Requirement for the Project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following:

a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material;

b. A copy of the completed Waste Management Report form, in its entirety;

c. Photographs and narrative documentation of the applicant’s reuse activities.

5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all Construction, Renovation, and Demolition waste Diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all Construction, Renovation and Demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For Construction, Renovation, and Demolition waste 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 the standardized rates established by the Conversion Rates table approved by the City for this purpose. Conversion Rate tables will be included with the Waste Management Report form.

6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this section and determine whether the applicant has complied with the Diversion Requirement, as follows:

a. Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the Diversion Requirement applicable to the Project, they shall cause the release of the Performance Deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this section. If the applicant has complied in part, a portion of the Performance Deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/Diverted.

b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited or unrecovered funds shall be used for waste reduction and recycling activities.

C. Exemption.

1. Application. If an applicant for a Covered Project experiences unique circumstances that the applicant believes make it infeasible to comply with the Diversion Requirement, the applicant may request an exemption at the time that they submit the WMR. The applicant shall indicate on the WMR the maximum rate of diversion they believe is feasible for each material and the specific circumstances that they believe make it infeasible to comply with the Diversion Requirement.

2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the Diversion Requirement.

3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the Diversion Requirement due to unique circumstances, the WMR Compliance Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for Diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section.

4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the Diversion Requirement, the WMR Compliance Official shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR.

D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official’s decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The fee to request an appeal of the determination made by the WMR Compliance Official shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the determination made by the WMR Compliance Official is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final. (Ord. 3523 § 2, 2022; Ord. 3507 § 1(B), 2021; Ord. 3270 § 1, 2013; Ord. 3247 § 1, 2012; Ord. 3166 § 2, 2010; Ord. 3141 § 1, 2009; Ord. 3118 § 1, 2008; Ord. 3116 § 1, 2008; Ord. 3105 § 1, 2008).