Item #04
Date: January 4, 2022
To: Mayor Branscum and Members of the City Council
From: Jim Schaad, City Manager
Paul Richardson, Consultant
Subject: Add Chapter 13.50 CALGreen Construction Material Diversion, Recycling Collection, and Water Efficient Landscape Requirements to Title 13 of the Marysville Municipal Code entitled Buildings and Construction Recommendation:
Pass a Motion to waive the second reading and adopt Ordinance No. 1436 adding Chapter 13.50 CALGreen Construction Material Diversion, Recycling Collection, and Water Efficient Landscape Requirements to Title 13 of the Marysville Municipal Code entitled Buildings and Construction.
Background:
The California Green Building Standards Code (CALGreen) is part of the California Building Code that was previously adopted by the City. One of the provisions of CALGreen requires projects, subject to CALGreen, to recycle, reuse, or otherwise divert at least 65% of construction and demolition debris from landfill disposal. This requirement applies to demolition projects, most new construction, and major building additions or alterations. CALGreen requires submission of plans and reports with verifiable post-project documentation to show debris generated on the job site was salvaged for reuse, recycled, or otherwise diverted. CALGreen also requires readily accessible areas for the storage and collection of nonhazardous materials for recycling by tenants in non-residential development projects and residential development projects with five (5) or more multi-family dwelling units.
Chapter 18.86 Landscaping Regulations of the Marysville Municipal Code references the California Department of Water Resources Model Water Efficient Landscape Ordinance Method which includes specific soil amendment, compost, and mulch use requirements.
Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016 and the implementing regulations adopted by CalRecycle in November 2020, now requires that cities and counties adopt an ordinance or other enforceable instrument to assure compliance with these specific provisions of CALGreen and the Model Water Efficient Landscape Ordinance.
Item #04
Draft Ordinance
The attached Ordinance is based on a model ordinance prepared to implement Senate Bill 1383.
Staff made only minor modifications to address local considerations. Attached is a redline version of the of the model ordinance tailored to Marysville and a clean version of the proposed ordinance. Also attached are sample forms to show documentation for recycled material from construction projects. A self-certification form that verifies a project meets the water conservation and efficiency requirements is also attached.
The primary obligation of the City to implement this program is to provide forms for a project contractor at the beginning of a project that show the amount of demolition or construction debris to be diverted. Secondarily, the City is required to review and document the amounts of demolition or construction debris diverted at the end of the project relative to the 65% diversion requirement. The City must also assure that there is space allocated on a project site for recycling purposes. Finally, the project landscape architect must certify the project adheres to water conservation guidelines prior to the issuance of a Certificate of Occupancy.
The City must keep and maintain these records and report annually to the State confirming construction projects met their recycling diversion and water conservation goals.
The Ordinance does have enforcement and inspection authority. With staff limitations in the building division, the City does not anticipate significant retroactive enforcement. The primary implementation of the CALGreen requirements will be during the plan check and construction phase of commercial projects and residential projects over 5 units in size.
Environmental Review:
The project is exempt for the California Environmental Quality Act pursuant to Title 14, Chapter 3, California Code of Regulations, Section 15061(b)(3).
Recommendation:
Move to adopt and waive the second reading of an Ordinance adding Chapter 13.50 CALGreen Construction Material Diversion, Recycling Collection, and Water Efficient Landscape Requirements to Title 13 of the Marysville Municipal Code entitled Buildings and Construction.
Attachments:
1) CALGreen Construction Material Diversion, Recycling Collection, and Water Efficient Landscape Requirements Ordinance Number 1436
2) Sample Certification of Completion Forms
3) Construction Waste Management Plan and Compliance Documentation