HomeMy WebLinkAboutStaff Report 13782
City of Palo Alto (ID # 13782)
City Council Staff Report
Meeting Date: 1/24/2022 Report Type:
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Title: Update on the Implementation of the Deconstruction and Construction
Materials Management Ordinance (Ordinance 5472/ Palo Alto Municipal
Code Title 5, Chapter 5.24).
From: City Manager
Lead Department: Public Works
Recommendation
This is an informational report only and no Council action is required.
Background
In August 2018, Council accepted the 2018 Zero Waste Plan containing 48 initiatives to help the
City meet its sustainability and climate action goals. In June 2019, Council approved the
Deconstruction and Construction Materials Management Ordinance (Deconstruction
Ordinance, Ordinance 5472/PAMC Title 5, Chapter 5.24, ID#10148) with the effective date of
July 1, 2020. The ordinance aligns with the 2018 Zero Waste Plan and implements key
provisions including Initiative #1, Require Deconstruction and Source Separation of
Construction Materials; Initiative #2, Direct Mixed Construction Materials to High Diversion
Construction Materials Recycling Facilities; and Initiative #4, Construction Project Recycling
Technical Assistance. In addition, implementing and expanding the Deconstruction Ordinance is
a key action identified in the Sustainability and Climate Action Plan to support diverting waste
from landfills.
The Deconstruction Ordinance applies to all residential and commercial projects undergoing a
whole structure demolition needing to submit a building permit application for deconstruction
on or after July 1, 2020. The objectives of the ordinance are to 1) increase salvage/reuse to the
highest extent possible and 2) increase the amount and quality of recyclable materials for all
construction and demolition projects, beginning with whole structure deconstruction projects.
During the development of the ordinance, staff estimated based on historical data that it would
affect approximately 114 projects annually.
Discussion
Outreach and education were developed explaining the ordinance requirements and resources
available and sent to stakeholders prior to the ordinance’s effective date. Beginning July 2020,
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staff proactively reached out to homeowners, general contractors, and architects when building
permit applications were submitted to provide information on the newly enacted ordinance
requirements and to schedule video conference calls to explain the ordinance and answer
questions from the applicants and their contractors. When the deconstruction permits were
issued, staff reached out again to meet the general contractors and subcontractors hired for
deconstruction onsite to review the requirements, walk through the property together, and
ensure expectations were communicated. During deconstruction, staff inspected each project
site to document progress, reiterate requirements for source separation and hauling of single
stream materials, and address any concerns observed.
During the development of the ordinance, staff estimated that the new ordinance would affect
approximately 114 projects annually (100 residential and 14 commercial); however, in Fiscal
Year 2021, the first year of the ordinance, the City’s Development Center only received 44
building permit applications for projects that involved whole structure demolition (41
residential and 3 commercial) covered under the Deconstruction Ordinance. The main variable
that may have impacted the lower number of applications is the COVID-19 pandemic. As
summarized in Graph 1, of the total building permit applications in Fiscal Year 2021, the City
issued 18 deconstruction permits (16 residential and 2 commercial), and 16 buildings were
removed (15 residential and 1 commercial). Staff expects the number of building permit
applications to increase in Fiscal Year 2022 while the economy and the development industry
slowly recover from the COVID-19 pandemic, which postponed a significant number of projects.
Additionally, it is expected that permits for many applications received in Fiscal Year 2021 will
be issued in Fiscal Year 2022.
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Graph 1: Fiscal Year 2021 Deconstruction Permit Application and Project Status
Table 1 below summarizes the tonnages generated from the 15 residential projects that
received building permits and had the whole structures removed. The tonnages of materials
were documented in Green Halo Systems, a waste management tracking tool for development
projects required by the Planning and Development Service Department. Graph 2 provides a
visual of the percentage of material categories from these projects. In summary, although the
salvaged materials recovered for reuse (mostly lumber, cabinets, doors, and windows)
accounted for only three percent of the materials from the 15 residential projects, only eleven
percent of the materials were landfilled. Examples of materials landfilled included insulation
and painted wood. Materials recovered for recycling included clean wood debris and drywall
aside from concrete.
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Table 1: Fiscal Year 2021 Residential Deconstruction Tonnage
Tonnage Percentage (%)
Salvaged for Reuse 47 3.0
Recycled 391 24.7
Concrete Recycled 961 60.7
Landfilled 184 11.6
Total 1,582
Graph 2: Fiscal Year 2021 Residential Deconstruction Tonnage Percentages
Palo Alto’s Deconstruction Ordinance is the first of its kind in the United States that covers all
commercial and residential projects undergoing whole structure removal regardless of the age
of the buildings. Although some deconstruction projects were occuring voluntarily in the City
prior to the ordinance, the requirements and process were new to most permit applicants and
contractors and, consequently, require contractors to learn the new process. Staff emphasizes
continuous communication, outreach, and education with each covered project and the
stakeholders involved. Oversight and instances of noncompliance were documented and
addressed by Zero Waste staff while continuing to streamline and improve the implementation
of the ordinance.
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Staff will continue to implement requirements and monitor qualifying projects, and in the
coming fiscal year will explore how to potentially expand the Deconstruction Ordinance to
include more projects through a future Council action.
Resource Impact
The resources undertaken for the implementation of the new ordinance were primarily staff
time to develop outreach and education as well as communication with stakeholders including
project owners and contractors for each project, and collaboration with City staff in different
departments and industry representatives. In Fiscal Year 2021, this effort totaled approximately
0.3 full time equivalents of staff time.
Stakeholder Engagement
Outreach was conducted during Fiscal Year 2021 as the new Deconstruction Ordinance was
implemented and included communicating directly with stakeholders with upcoming and active
deconstruction projects. A new webpage at www.cityofpaloalto.org/deconstruction was also
developed to provide information and resources for the community and stakeholders.
Environmental Review
This informational report does not require an environmental review.