On February 6, 2007, City Council approved and adopted Ordinance No. 1097 (Exhibit A) establishing Waste Management Plan requirements for certain Construction and Demolition (C&D) projects within the City, and amending Title 8 of the Municipal Code. The purpose of the original Ordinance No. 1097 was to reduce landfill waste by requiring an applicant for every “covered project” to divert a minimum of fifty percent (50%) of the (C&D) debris resulting from that project, in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with diversion requirements. Construction and demolition diversion rates were updated to a minimum of 65% in the 2016 and 2019 California Green Building Standards codes (CALGreen). CALGreen was adopted in its entirety by City Council by adding Chapter 15.24 of the Brea City Code via Ordinance No. 1188 and Ordinance No.1212 on December 6, 2016 and November 19, 2019, respectively.
This proposed amendment to Chapter 8.29 of the Brea City Code (Exhibit B) would make the existing Ordinance correspond to 2019 CALGreen (applicable excerpts in Exhibit C) adopted in Ordinance No. 1212 and provide consistency among codes when developers apply for permits. A summary of CALGreen Construction Waste Management Requirements is provided in Exhibit D attached. A summary of the changes being proposed include the following:
| TOPIC |
CURRENT ORDINANCE |
PROPOSED ORDINANCE |
| Purpose |
Reduce landfill waste by requiring an applicant for every ‘covered project' to divert a minimum of fifty percent (50%) of the construction and demolition debris resulting from that project, in compliance with state and local statutory goals and policies. |
Reduce landfill waste in compliance with state and local statutory goals and policies. |
| Covered Project |
Threshold of $50,000 or more. |
Demolition work and projects subject to the waste diversion requirements set forth in the Green Building Standards Code of the City of Brea. |
| Required Diversion Rate |
Minimum of fifty percent (50%). |
At a minimum, the required percentage of the construction and demolition debris as set forth in the provisions of the Green Building Standards Code of the City of Brea.
Current Green Code diversion rate is 65%. |
| Exempt Projects |
·Immediate or emergency demolition required for public health, safety or welfare.
·Single-family residential district swimming pool or accessory structure under $50,000. |
Removes exemption for single-family residential district swimming pool or accessory structure under $50,000. |
| Waste Management Plan Requirements – Subsection A |
“All applicants for covered project permits shall complete and submit a Waste Management Plan as part of the application packet. The Waste Management Plan shall include the following information, calculated with the conversion rate, and shall be attested to 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 when all of the facts cannot be ascertained...” |
Requires Waste Management Plan to also include information required by the Green Building Standards Code of the City of Brea |
| Weighing of Wastes |
“……all construction and demolition debris is measured and recorded, using the most accurate method of measurement available……” |
Acceptable methods of measurement include those required under the Green Building Standards Code of the City of Brea. |
| Non-applicability of Ordinance to existing projects |
Section 2. The provisions of this Ordinance shall not apply to a:
A) Project for which all required City approvals have been obtained prior to the effective date of this Ordinance. |
Section 10. The provisions of this Ordinance shall not apply to a: A) Project for which all required City approvals have been obtained prior to the effective date of the most recent adopted edition of the Green Building Standards Code of the City of Brea. |
Ordinance No. 1218 was introduced at the September 15, 2020 City Council Meeting. During the first reading, City Council asked the questions below. Following are the responses researched by staff, and provided for further clarification:
- What is the City of Santa Maria doing for their C&D diversion?
The City of Santa Maria has not adopted their own C&D Ordinance. They have adopted the 2019 CALGreen Building Standards Code and use CALGreen worksheets for contractors to tabulate the materials they will divert to meet the diversion requirements. The City of Santa Maria requires contractors to submit a Waste Management Plan (per CALGreen) and the contractor can choose their own hauler since the City does not have to certify the hauler. Additionally, for commercial demolition, the City of Santa Maria requires the Air Pollution Control Board to sign off on the project pertaining to their Health and Safety Code.
- How does the City of Brea's C&D program relate to reuse and how can we promote the reuse of building materials?
Habitat for Humanity accepts new and gently used appliances, furniture, building materials, household goods and more from individuals and companies. They have donation centers in Anaheim and Santa Ana that are currently open and most accept kitchen cabinets, doors and windows, flooring, unused lumber, lighting fixtures, bricks, etc. The City of Brea's Waste Management Plan addresses the recycling of building materials by asking contractors if "deconstruction" or salvage was considered as an option to traditional demolition and, if not, to explain. To promote reuse of materials, Habitat for Humanity has been added as a Recycling Dealer in the City's Waste Management Plan attachments that is provided to all contractors requiring a Waste Management Plan.
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William Gallardo, City Manager
Prepared by: Lizette Longacre, Recycling Coordinator
Concurrence: Tony Olmos, P.E., Public Works Director
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