HomeMy WebLinkAbout2019-06-24 Ordinance 54722019053001
Ordinance No. 5472
Ordinance of the Council of the City of Palo Alto Amending Title 5 of the Palo
Alto Municipal Code to Repeal Chapter 5.24 (Construction and Demolition
Debris Diversion Facilities) and Add a New Chapter 5.24, Entitled
Deconstruction and Construction Materials Management, to Establish
Regulations Related to the Management of Deconstruction and Construction
Debris and Materials
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The process of demolition, construction, renovation and remodel of buildings
and structures generates significant amounts of waste that is either disposed in landfills or
combined into a mixed waste that then has to be processed and sorted. The disposal and burial
of waste in landfills leads to an increase in greenhouse gas emissions, increase in carbon
emissions, and substantial environmental impacts associated with building removal.
B. The practice of freely allowing project applicants, developers and contractors to
combine the materials generated at construction and demolition sites into a mixed waste
product encourages them to pay little attention to the quantity of the waste created from each
construction and demolition project, the amount of waste that is disposed in landfills and the
associated environmental impact. There is an opportunity to augment regulations to improve
the effectiveness of reuse and recycling of construction site materials generated on projects
within Palo Alto.
C. The deconstruction and source separation of construction and demolition
related waste leads to handling discards as resources, not waste. It leads to highest and best
use of materials, higher recovery levels, and greater recyclability of materials. Deconstruction
also follows the waste management and zero waste hierarchy of reduce, reuse, recycle, and
compost, and reduces the volume and toxicity of waste and materials.
D. The City of Palo Alto updated its Zero Waste Plan in 2018, with new provisions
designed to help the City reach its goal of 95% diversion of materials from landfills by 2030, and
80% reduction of greenhouse gases by the same year. Waste from construction and demolition
related activities represent over 40% of the waste from Palo Alto that is disposed in landfills,
hampering Palo Alto from achieving zero waste.
E. Policies that promote deconstruction methods instead of demolition, and
require materials to be source separated to maximize the salvage of building materials for
reuse and to increase higher level of diversion of recyclable and compostable materials, will
reduce the amount of landfilled waste, increase recovery of materials and reduce greenhouse
gas emissions. These strategies are crucial for conserving resources and protecting the
environment, and
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SECTION 2. Chapter 5.24 of Title 5 (Construction and Demolition Debris Diversion Facilities) is
hereby repealed and replaced in its entirety with a new Chapter 5.24 to read as follows:
Chapter 5.24
Deconstruction and Construction Materials Management
Sections:
5.24.010 Purpose
5.24.020 Definitions
5.24.030 Applicability
5.24.040 Salvage survey and reuse required
5.24.050 Deconstruction and source separation of materials
5.24.060 Material collection
5.24.070 No unauthorized containers
5.24.080 Exclusions
5.24.090 Administration by City Manager
5.24.100 Enforcement and penalties
5.24.010 Purpose
The accumulation, collection, removal and disposal of waste associated with construction,
deconstruction and demolition activities must be controlled for the protection of the public
health, safety and welfare, and the natural environment. State law addresses this need
through the California Integrated Waste Management Act of 1989 and the California Green
Building Code, which requires local governments to require fifty percent of construction debris
be diverted from the landfill, and Senate Bill 1374, which requires annual reporting to the state
on progress made in the diversion of construction related materials, including information on
programs and ordinances implemented and quantitative data, where available. Required
minimum diversion rates by project type are covered under the California Green Building Code
and the City's local amendments in Title 16, Building Regulations, of this code. In 2016, the City
adopted sustainability, waste diversion and climate action goals of 80% reduction in
greenhouse gases and 95% diversion of materials from landfills by 2030. The City may adopt,
implement, and enforce requirements, rules and regulations for local reuse and recycling of
materials that are more stringent or comprehensive than California law, and this Chapter
.
This C implement best practice methods for separation, handling, and
delivery of deconstruction and construction site materials to maximize the salvage of building
materials for reuse, to reduce the amount of construction and deconstruction related materials
disposed in landfills and to establish deconstruction and source separation requirements. The
requirements of this Chapter are in addition to, the requirement in Chapter 16.14 of this code
to achieve a specified diversion of materials generated from an applicable construction project.
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5.24.020 Definitions
For purposes of this Chapter, terms defined in Chapter 5.20 shall have the same meanings in
this Chapter 5.24. The following terms shall have the ascribed definition for the purposes of
applying the criteria of this Chapter and other chapters as referenced.
a. "Approved facility" means a reuse, recycling, composting, or materials recovery facility
which the Director has determined can accept diverted materials, has obtained all
applicable federal, state and local permits, and is in full compliance with all applicable
regulations for reuse, recycling, composting, and/or materials recovery.
b. "Applicant" means (a) 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, or who is
issued, the applicable permits to undertake a construction, remodeling, or demolition
project within Palo Alto, and (b) the owner of the real property that is subject to the
permit.
c.
means (1) discarded materials generally considered to be nonwater soluble and non
hazardous in nature (as defined by California Code of Regulations, Title 22, § 66261.3 et
seq.), including but not limited to, metal, glass, brick, concrete, porcelain, ceramics,
asphalt, 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, soil, trees, and other vegetative matter
that normally results from land clearing, landscaping and development operations for a
construction project; and (2) remnants of new materials, including but not limited to,
cardboard, paper, plastic, wood, glass and metal from any construction, renovation
and/or landscape project.
d.
license under the laws of the State of California, and who performs any construction,
deconstruction, demolition, remodeling, renovation, or landscaping service relating to
buildings or accessory structures in the city.
e.
this Chapter 5.24, as described in Section 5.24.030.
f. the systematic and careful dismantling of a structure, typically
in the opposite order it was constructed, in order to maximize the salvage of materials
and parts for reuse and recycling.
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g.destroying, tearing down, dismantling or
wrecking of any building or structure.
h.
deconstruction, or salvaging of materials, which causes materials to be diverted from
disposal in landfills and instead puts the material to use as the same or different usable
product.
i.Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them
to the economic mainstream in the form of raw material for new or reconstituted
products which meet the quality standards necessary to be used in the marketplace. This
term does not include transformation as that term is defined in Public Resources Code
section 40180.
j. "Reuse" means further or repeated use of materials or items, including sale or donation
of items, but not including recycling.
k.an organization approved by the City to provide salvage
surveys and accept materials or items for reuse.
l. "Salvage" means the controlled removal of items and material from a building,
construction, or demolition site for the purpose of on or offsite reuse, or storage for
later reuse. Examples of items that may be salvaged include air conditioning and heating
systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling
fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of
wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door
brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing
fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone,
stoves, toilets, windows, wood fencing, lumber and plywood.
m. "Source separated single recyclable materials" means recyclable materials that are
separated from other recyclable materials or solid waste and placed in separate
containers according to type or category of materials and directly marketed as a single
commodity.
5.24.030 Applicability
This Chapter shall be applicable to all residential and commercial projects that include a whole
structure demolition requiring a demolition permit. However, this Chapter shall not apply to
those projects comprised solely of the demolition of an accessory dwelling unit, or to any
project for which the completed demolition permit application was submitted to the City prior
to July 1, 2020.
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5.24.040 Salvage survey and reuse required
a. All applicants and other persons who undertake a covered project shall complete a
salvage survey provided by a reuse organization or other third party approved by the
City, prior to the issuance of a demolition permit. The survey shall itemize the materials
and items eligible for salvage and reuse and the estimated weights.
b. Upon completion of the deconstruction and source separation of materials, the
applicant or person responsible for the covered project shall ensure the items listed on
the salvage survey are delivered to, collected by or received by, and certified by a reuse
organization or other third party approved by the City, and shall submit to the City proof
of delivery of salvage items in accordance with City regulations.
5.24.050 Deconstruction and source separation of materials
a. All applicants and other persons who undertake a covered project where materials can
be recycled or composted shall deconstruct buildings and structures in a manner to
divert the maximum feasible amount of materials and debris from disposal in landfills.
All construction and deconstruction materials shall be source separated. Materials to be
source separated for recycling include, but are not limited to, steel, glass, brick,
concrete, asphalt, roofing material, pipe, gypsum, sheetrock, lumber, wood, pallets,
rocks, sand, soil, clean cardboard, paper, plastic, carpet, wood and metal scraps.
Materials to be composted include, but are not limited to, trees, shrubs, plant cuttings,
food scraps, and other material as designated by the City.
b. All persons undertaking a covered project shall submit proof of reuse, recycling and
composting in accordance with City regulations.
c. The City, or its collector to inspect, upon
reasonable notice, and audit individual waste streams generated at covered projects to
determine compliance with this Section.
5.24.060 Material collection
Projects using a container provided by the C
5.20 shall be deemed to have complied with the requirement to take construction and
deconstruction related waste and source separated materials to an approved facility. Persons
using any other method of collection shall dispose of such debris at an approved facility in
accordance with City regulations.
5.24.070 No unauthorized containers
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5.24.080 Exclusions
The provisions of this Chapter shall not apply to the following:
a. Dangerous Structures. Any building or structure that has been determined to be
dangerous, structurally unsafe or otherwise hazardous to human life, and is required to
be abated by demolition.
b. No Suitable Materials. Any building or structure that does not have materials that are
suitable for reuse, recycling, or compost, as determined by the Director of Public Works.
Materials unsuitable for reuse, recycling, or compost include insulation, painted or
treated wood, rubber, and nonrecyclable plastics.
c. De Minimus Exception. The Director of Public Works may waive any of the requirements
of this Chapter if documentation satisfactory to the Director is provided to establish that
the materials are not reusable, recyclable or compostable, the materials are incidental
in quantity, or providing appropriate containers at the particular site would be unduly
difficult.
5.24.090 Administration by City Manager
a. The City Manager shall adopt written rules and regulations, not inconsistent with this
Chapter, as may be necessary for the proper administration and enforcement of this
Chapter.
b. The City Manager shall resolve all disputes concerning the administration or
enforcement of this Chapter, and his or her decision shall be final.
5.24.100 Enforcement and penalties
a. The Director of Public Works shall have primary responsibility for enforcement of this
Chapter. The Director of Public Works is authorized to take any and all other actions
reasonable and necessary to enforce this Chapter.
b. Violation of any provision of this Chapter shall be subject to the provisions and penalties
set forth in Title 1 of the Municipal Code unless otherwise specified.
c. The remedies and penalties provided in this Section are cumulative and not exclusive.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
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each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. The potential environmental impacts of this Ordinance were evaluated in an Initial
Study/Negative Declaration (IS/ND) prepared in accordance with the California Environmental
which IS/ND the Council considered and adopted by separate resolution
prior to taking action to approve this Ordinance.
SECTION 5. This Ordinance shall be effective on the thirtyfirst day after the date of its
adoption.
INTRODUCED: June 10, 2019
PASSED: June 24, 2019
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Public Works
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