Ordinance Number 1041ORDINANCE NO. 1041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTIONS 6-3.03, 6-3 .08.01, 6-3.08 .02, AND 6-3.08.03 OF
CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO SOLID WASTE,
MINIMUM CONSTRUCTION AND DEMOLITION DEBRIS
DIVERSION REQUIREMENTS
WHEREAS, under California law as embodied in the California Waste Management
Act of 1989 (California Public Resources Code Sections 40000 et seq.), the City of San
Juan Capistrano is required to prepare, adopt and implement source reduction and
recycling plans to reach landfill diversion goals, and is required to make substantial
reductions in the volume of waste materials going to the landfills, or face fines up to
$10,000 per day; and
WHEREAS, the California Green Building Standards Code (CALGreen) is part 11 of
Title 24, California Code of Regulations. CALGreen, became mandatory on January 1,
2011, concurrent with other parts of the 2010 Building Standards Code (Title 24); and
WHEREAS, every three years the California Building Standards Commission adopts
new and/or updated model codes and the 2016 CALGreen will be effective January 1,
2017; and
WHEREAS, Effective January 1, 2017, in all jurisdictions the owners/builder of
construction projects within the covered occupancies will be required to divert 65 percent of
the construction waste materials generated during the project; and
WHEREAS, in order to meet these goals it is necessary that the City promote the
reduction of solid waste and reduce the stream of solid waste going to landfills; and
WHEREAS, waste from construction, demolition, and renovation of buildings
represents a significant portion of the quantity of waste presently coming from the City of
San Juan Capistrano, and much of this waste is particularly suitable for recycling and
reuse;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6-3.03 of Chapter 3 of Title 6 of the San Juan Capistrano Municipal
Code pertaining to minimum construction and demolition debris diversion requirements is
hereby amended to include the following definition:
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"Universal Waste" sometimes called U-Waste, are any of the wastes that are listed in
section 66261.9 of division 4.5 of title 22 of the California Code of Regulations. California
universal wastes include:
1. Batteries--Includes AAA, AA, C, D, button cell, 9-volt, both rechargeable and single
use. (Automotive type batteries are not universal waste. However, when they
become waste, they are banned from the trash.)
2. Fluorescent lamps and tubes--Includes fluorescent tubes, compact fluorescent
lamps, metal halide lamps, sodium vapor lamps, high intensity discharge (HID)
lamps, and neon bulbs .
3. Thermostats--There is mercury inside the sealed glass "tilt switch" of the old
style thermostats (not the newer electronic kind).
4. Electronic Devices--Includes televisions and computer monitors, computers,
printers, VCRs, cell phones, telephones, and radios.
5. Electrical Switches--Some electrical switches and relays contain mercury. Such
mercury switches can be found in some chest freezers, pre-1972 washing machines,
sump pumps, electric space heaters, clothes irons, silent light switches, automobile
hood and trunk lights, and ABS brakes.
6. Pilot Light Sensors--Mercury-containing switches associated with pilot light
sensors are found in some gas appliances such as stoves, ovens, clothes dryers,
water heaters, furnaces and space heaters.
7. Mercury Gauges--Some gauges, such as barometers, manometers, blood
pressure, and vacuum gauges contain mercury.
8. Mercury Added Novelties--Examples include greeting cards that play music when
opened; athletic shoes (made before 1997) with flashing lights in soles; and mercury
maze games.
9. Mercury Thermometers--Mercury thermometers typically contain about a half gram
of mercury .
10. Non-Empty Aerosol Cans that Contain Hazardous Materials--Many products in
aerosol cans are toxic. And many aerosol cans contain flammables, like butane, as
propellants for products like paint. If your aerosol can is labeled with words like
TOXIC or FLAMMABLE don't put it in the trash unless it is completely empty
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SECTION 2 . Section 6-3 .08.01 of Chapter 3 of Title 6 of the San Juan Capistrano
Municipal Code pertaining to minimum construction and demolition debris diversion
requirements is hereby amended to read as follows :
Sec. 6-3.08.01. MINIMUM CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
REQUIREMENTS
Every demolition, remodeling and construction project subject to this chapter shall
recycle, reuse, or divert from the landfills or disposal sites the following minimum amounts
of designated recyclable and reusable materials in the following percentages based upon
the waste tonnage of construction or demolition debris involved in the construction,
remodeling, or demolition project:
I. Newly constructed buildings and demolition projects shall divert from landfills at least
sixty-five (65) percent of the construction materials generated during the project.
II. All permitted additions and alterations to non-residential buildings or structures shall
divert from landfills at least sixty-five (65) percent of nonhazardous construction and
demolition materials .
Ill. Additions and alterations to residential buildings that increase the structure's
conditioned area, volume, or size are also required to meet sixty-five (65) percent
minimum diversion
IV. Reroofing of homes with shingles, shakes, or tiles as a Separate Project shall divert
sixty-five (65) percent of waste tonnage of construction or demolition debris.
V. Construction and Remodeling. Sixty-five (65) percent of waste tonnage of
construction or demolition debris.
VI. Universal Waste (such as batteries, e-waste, lamps, cathode ray tubes/glass,
aerosol cans) from non-residential addition and alteration projects shall require
verification that the materials are disposed of properly and diverted from landfills. A
list of prohibited universal waste materials shall be included in the construction
documents. This is required for additions 1,000 square feet or above and/or
alterations with a valuation of $200 ,000 or more (per CALGreen Section 301.1).
VII. Land clearing . One hundred (1 00) percent of excavated soil and land clearing
debris generated from every applicable non-residential construction, remodeling, or
demolition project shall be diverted from going to landfills by using recycling, reuse,
and diversion programs. However, excavated soil and land clearing debris shall not
be reused if it is contaminated by disease or pest infestation . This diversion
requirement shall extend to every applicable residential construction, remodeling, or
demolition project if required by the California Green Building Standards Code.
Separate calculations and reports will be required for the demolition and for the
construction portion of projects involving both demolition and construction.
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SECTION 3. Section 6-3 .08.02 of Chapter 3 of Title 6 of the San Juan Capistrano
Municipal Code pertaining to minimum construction and demolition debris diversion
requirements is hereby amended to read as follows:
Sec. 6-3.08.02. CONDITION PRECEDENT TO ISSUANCE OF BUILDING OR
DEMOLITION PERMIT.
Prior to the issuance of any building or demolition permit , every applicant shall
submit to the Solid Waste Coordinator of the City a properly completed "Recycling and
Waste Reduction Form ," on a form as prescribed by the Solid Waste Coordinator. The form
shall contain an accurate estimate of the tonnage or other specified units of construction
and demolition debris to be generated from the construction, demolition or remodeling
project. An applicant shall not be issued a building or demolition permit until the Solid
Waste Coordinator accepts the Recycling and Waste Reduction Form as complete and
accurate. Such form shall also include all information required by the applicable version of
the California Green Building Standards Code .
SECTION 4. Section 6-3.08.03 of Chapter 3 of Title 6 of the San Juan Capistrano
Municipal Code pertaining to minimum construction and demolition debris diversion
requirements is hereby amended to read as follows:
Sec. 6-3.08.03. EXEMPTIONS.
(a) The following projects are exempt from the requirements of Section 6-3-08.02.
1. Work for which only a plumbing, electrical , or mechanical permit is required .
2. Seismic tie-down projects.
3. Installation of prefabricated patio enclosures and covers when no foundation or
other structural building modifications are required.
4. Installation of prefabricated accessories such as signs or antennas where no
structural building modifications are required.
5. Projects, which involve a roof, but the tear-off of the existing roof, is not required .
6. The construction of new fencing .
7. Construction or demolition work that the Solid Waste Coordinator determines will
not produce construction or demolition waste .
(b) If an applicant for a project wants to obtain an exemption for that project , then the
applicant shall file with the City an application for exemption . The applicant shall comply
with the following:
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1. The application shall be filed with the Solid Waste Coordinator.
2. The application will state the facts and reasons supporting the exemption .
(c) The Solid Waste Coordinator shall review each application for exemptions and
determine whether an exemption is allowed by this Section and communicate that decision
to the applicant.
SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon the latter of
( 1) thirty days after its adop~ion or (2) January 1 , 2017.
SECTION 6. CERTIFICATION . The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated posting places within
the City and published once within fifteen (15) days after passage and adoption as required
by law; or , in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of
the City Clerk five (5) days prior to the date of adoption of this Ordinance ; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 61h day of D
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )55
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1041 that was
adop te and passed at the Regular Meeting of the City Council on the 6th day of December
2016 ,/ y the following vote, to wit:
STATE OF C LIFOR )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows :
-
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 12th day of December 2016, I caused to be posted a certified copy of Ordinance
No.1041, adopted by the City Council on December6, 2016, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTIONS 6-3.03, 6-3.08.01, 6-3.08.02, AND 6-3.08.03 OF
CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAIN! G TO SOLID WASTE,
MINIMUM CONSTRUCT! N A D DEMOLITION DEBRIS
DIVERSION REQUIREM T ,
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This document was posted in the Offi
6 01041