Discharge Elimination System (NPDES) permit No. CA0082597, issued by the California Regional Water Quality Control Board (Regional Board).
These goals will be achieved by establishing administrative procedures, minimum standards of review, and implementation and enforcement procedures for controlling erosion, sedimentation and other pollutant runoff, including construction debris and hazardous substances used on construction sites, and the disruption of existing drainage and related environmental damage caused by the aforementioned activities. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings given in this section:
“Administrator” means the City’s Public Works Director or his or her designated representative(s). “Applicant” means any person or entity who submits an application for a permit pursuant to this chapter.
“City” means the city of Rancho Cordova.
“City specifications” means the City improvement standards, City standard construction specifications and other standards included in applicable City ordinances, regulations and manuals, as amended from time to time.
“Civil engineer” means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California. “Clearing and grubbing” means moving or removing by manual or mechanical means trees, vegetation and/or the top four inches or greater of soil. “Compaction” means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material. “Construction site” means any land area on which the activity of clearing and grubbing, grading, excavating, or filling is occurring.
“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. “Environmental coordinator” means the City official designated by the City Manager to prepare and process environmental documents.
“Erosion” means the transport of the ground surface or soil as a result of the movement of wind or water.
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
“Erosion control measures” means seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering and other measures which control the movement of the ground surface or soil.
“Grade” means the elevation of the ground surface as measured from a known vertical control. “Grading” includes the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil. “Hazardous substances” means those materials listed in Title 40 of the Code of Federal Regulations (40 C FR) Part 117 and/or 40 CFR Part 302.
“National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Sections 307, 402, 318, and 405 of the Clean Water Act. “Permittee” means the applicant in whose name a valid permit is issued pursuant to this chapter and the applicant’s agents, employees and designated representative(s). “Person” means any individual, corporation, partnership, association of any type, public agency or any other legal entity.
“Pollutants” is as defined in Title 40 CF R § 122.2.
“Runoff” means surface runoff and drainage related to storm events, snow melt, street washwaters related to street cleaning or maintenance and other waters associated with construction activity which are or may be introduced into the municipal separate storm sewer system. “Sediment” means soil or earth material deposited by water. “Sediment control measures” means dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures which control the deposit of soil or earth material.
“Site” means a parcel or parcels of real property owned by one or more than one person on which activity regulated by this chapter is occurring or is proposed to occur. “Slope” means an inclined ground surface the inclination of which is expressed as a percent. “Structure” means anything constructed or erected which requires location on the ground or attached to something having location on the ground.
“Watercourse” means a river, stream, creek, basin, lake, pond, waterway, or channel, natural or manmade, having a defined bed and banks. Whenever a watercourse consists of an ordinary channel, and in addition thereto, an overflow channel, the watercourse shall be deemed to include all property lying between the banks of the overflow channel. “Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency sufficient to support, and that under normal circumstances do support, a prevalence of ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs and marshes. [Ord. 38-2007 § 1 (Exh. 1(A), (J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.030 Delegation.
Whenever in this chapter an authority or power is vested in or a duty is imposed upon an officer or official, an employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.040 Administration.
Except as otherwise provided, the Administrator is responsible for administering this chapter and grading and erosion control permits, and is authorized from time to time to promulgate and enforce rules or regulations consistent with and necessary to implement the purposes, intent and express terms of this chapter.
Any rules or regulations promulgated by the Administrator, or amendments thereof, shall be filed with the City Clerk. The clerk shall cause said rules or regulations to be published in a newspaper of general circulation within 10 calendar days. No rules or regulations promulgated by the Administrator, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the rules or regulations are published. Any Person shall have 15 days after the date of publication in which to file an appeal in accordance with the provisions of RCMC 16.44.300. [Ord. 21-200 3 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.050 Permits required.
Except as provided by RCMC 16.44.060, 16. 44.065 or 16.44.070, a grading and erosion control permit shall be required to (A) grade, fill, excavate, store or dispose of 350 cubic yards or more of soil or earthly material or (B) clear and grub one acre or greater of land within the City. A separate permit is required for work on each site unless sites are contiguous, have the same ownership, and are included in the approved plan. Any determination by the Administrator as to whether a permit is required may be appealed pursuant to the provisions of RCMC 16.44.300. [Ord. 38-200 7 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.060 Permits not required.
A. A grading and erosion control permit shall not be required to:
1. Grade, fill, excavate, store or dispose of less than 350 cubic yards of soil or earthly material; or
2. Clear and grub less than one acre of land within the City; or
3. For the grading, filling, excavating, storing, disposing, or clearing and grubbing for:
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
a. Swimming pools, basements, or footings of structures if authorized by a valid building permit;
b. Underground utilities;
c. Mining or quarry operations, if a use permit has been granted by the City; d. Refuse disposal sites operated by a governmental agency; e. The production of planted agricultural crops.
B. Notwithstanding the provisions of subsection (A) of this section exempting specified activities from the otherwise applicable permit requirements, the activities described in subsection (A) of this section shall be subject to the standards and requirements of this chapter. Any building permit issued in connection with the activities described in subsection (A) of this section or in connection with any building permit issued for a single-family residence on an individual lot may be conditioned on compliance with the standards and requirements of this chapter. Any inspections required pursuant to this chapter or any other chapter of this title shall include a determination of compliance with the purposes of this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.065 Exemptions.
A grading and erosion control permit shall not be required for, and the provisions of this chapter shall not apply to, grading, filling, excavating, storing, disposing, or clearing and grubbing for situations where, in the determination of the Administrator, there is a clear and imminent danger to life or property, or threat of loss of services for which there is an overriding public concern. The Administrator may, at the time of granting such exemption, impose conditions in accordance with RCMC 16.44.170, including, but not limited to, the requirement for the posting of security. Such exemption must be requested from the Administrator and approved in writing prior to the commencement of any activity regulated by this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995].
16.44.070 Improvement plans.
Where an improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map, or a development plan is being processed in accordance with the provisions of RCMC Title 12, such plan shall also be considered as a request to undertake those activities regulated by this chapter. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the applicable City and county standards and requirements set forth in this chapter and other applicable City and county improvement standards and specifications. For an approved tentative, parcel, or final map, or development plan, any submitted improvement plans shall include provisions to require compliance with the City and county improvement standards, and requirements of this chapter. If an improvement plan is approved, then a grading and erosion control permit shall not be required. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.080 Application contents.
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
The application for a grading and erosion control permit shall be filed in the office of the Administrator, and submitted on a form with information prescribed by the Administrator, including the following:
A. The name, address and telephone number of the applicant and the applicant’s engineer; B. The address and parcel number of the location for which the permit is sought; C. A copy of all entitlements granted for the property by the City, including conditions of approval and the environmental documentation;
D. A copy of all required state and federal permits;
E. Plans conforming with the requirements of RCMC 16.44.090; F. Specifications conforming with the requirements of RCMC 16.44.100, if required by the Administrator;
G. Security conforming with the requirements of RCMC 16.44.110; H. Right of entry conforming with the requirements of RCMC 16.44.120; I. Fees conforming with the requirements of RCMC 16.44.130; J. Other information as may be required by the Administrator. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.090 Plans.
Plans shall be prepared by a civil engineer in conformance with City and county specifications and shall include the following:
A. A vicinity map indicating the site location and significant geographic features; B. A site delineation map indicating boundary lines of the property and each lot or parcel into which the site is proposed to be divided;
C. The location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage area boundaries and acreages. Additional hydrologic analysis shall be provided as required by the Administrator;
D. The location of existing and proposed roads and structures on the site and on adjacent property; E. Accurate contours at two-foot intervals for slopes up to 10 percent and five-foot intervals for slopes over 10 percent showing topography of existing ground and locations of existing vegetation, including all oak trees, all other trees over six inches in diameter measured at four and one-half feet above the ground, groves of trees, and natural features such as rock outcroppings. Spot elevations will be required where relatively flat conditions exist. The spot elevations or contour lines shall be extended off site for a minimum distance of 50 feet, or 100 feet in flat terrain; ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
F. Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means, and location of any disposal areas, fills or other special features to be included in the work;
G. A statement of the quantity of material to be excavated, the quantity of material to be filled, whether such excavation or fill is permanent or temporary, and the amount of such material to be imported to or exported from the site;
H. A delineation of the area to be cleared and grubbed; I. A statement of the estimated starting date, grading completion date, and when site improvements will be completed;
J. The location, implementation schedule, and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or after the proposed activity;
K. A description of measures designed to control dust and stabilize the construction site road and entrance;
L. A description of the location and methods of storage and disposal of construction materials; M. Any additional plans required by the administrator. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.100 Specifications.
When required by the Administrator, the following information shall be prepared and signed by a civil engineer, and submitted with the application for a grading and erosion control permit:
A. Preparation of natural ground to occur prior to placement of fill, including provisions for removal of organic or deleterious materials;
B. Quality control of native or imported fill material; C. Degree of compaction;
D. Gradient of cut and fill slopes;
E. Geotechnical engineering or engineering geology reports used in the development of the above information. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.110 Security.
A. Prior to issuance of the permit, the applicant shall provide security in an amount estimated by the Administrator to be the cost for stabilizing the activity site if the site is abandoned or work is stopped during the performance of the activity described in the permit. The security shall be one of the following, subject to the approval of the Administrator:
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
1. Bond or bonds by one or more duly authorized corporate sureties.
2. A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.
3. An instrument of credit from an agency of the state, federal or local government when an agency of the state, federal, or local government provides at least 20 percent of the financing for the project, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary are on deposit and guaranteed for payment, or a letter of credit by such financial institution.
B. The security shall be released to the permittee upon either:
1. Issuance of a certificate of completion, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of RCMC 16.44.260; or
2. Voluntary relinquishment of the permit by the holder thereof to the City, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of RCMC 16.44.250. [Ord. 21-2003 § § 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.120 Right of entry.
Whenever any portion of the work requires entry onto adjacent property for any reason, the applicant shall obtain the written consent of the adjacent property owner or his authorized representative, and shall file a copy of said consent with the administrator before a permit for such work may be issued. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.130 Permit fees.
A fee shall be paid by the applicant to the City for plan checking and review, materials testing, site inspections, processing, issuance and other services performed by the administrator in connection with the investigation of an application for, and administration of, a grading and erosion control permit. The fees for these services shall be in the amount of the actual costs incurred by the City based on the hourly rate of the personnel performing the services, including all overhead costs, and as determined by the Administrator.
A minimum deposit of $750.00 shall be paid by the applicant at the time of and with the filing of the application with the Administrator. In the event the accrued costs exceed the initial deposit, the City shall submit a monthly bill to the applicant for the amount owing as of the date on the bill. Interest of one and one-half percent per billing period (28-day cycle) compounded each billing period shall be added to the unpaid balance due to any amount which has not been paid in full within 28 days from the date on the bill.
The administrator shall not perform any services for an applicant if an amount owing is not paid within 28 days, until such time that all amounts owing and interest thereon are paid in full. The balance of fees owing shall be paid in full prior to final inspection. In the event the actual costs do not exceed the minimum deposit amount, the City shall reimburse the applicant the difference between ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
the deposit amount and the actual total charges. [Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.140 Environmental review.
Grading and erosion control permits, and amendments thereto, are subject to the requirements of the California Environmental Quality Act (CEQA). The applicant shall furnish a copy of the application to the environmental coordinator for preparation and processing of the appropriate environmental documents. The Administrator is authorized to hold public hearings on negative declarations, draft environmental impact reports and final environmental impact reports prepared on applications for grading and erosion control permits, for the purposes of receiving comments from the public. The administrator shall not approve a grading and erosion control permit prior to considering the applicable environmental document and complying with the requirements of CEQA and the City procedures for preparation and processing of environmental documents. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.150 Application review.
The Administrator shall review and approve, conditionally approve or deny grading and erosion control permit applications and improvement plans in accordance with the provisions of this chapter.
Grading and erosion control permit applications and improvement plans shall be issued or approved unless the Administrator finds in writing that:
A. The applicant has failed to provide sufficient or adequate plans, information or other data necessary to allow determinations respecting compliance with the provisions of this chapter or City specifications;
B. The environmental review has not been completed, other provisions of this code or of state law pertaining to environmental review have not been satisfied, or the activity will have significant adverse environmental impacts which cannot be substantially mitigated. Where the activity will have significant adverse impacts, the Administrator may approve the permit in accordance with the provisions of this chapter, RCMC Title 20, and the California Environmental Quality Act of 1970; C. The proposed activity will violate provisions of this chapter, City specifications, or state or federal laws, and such violation cannot be resolved by the imposition of conditions pursuant to RCMC 16.44.170;
D. The proposed activity will adversely affect surrounding properties and public rights-of-way, the water quality of watercourses, and existing drainage. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.160 Contents of permit.
The grading and erosion control permit shall include but not be limited to a complete description of the activity for which it is issued, the property for which it is issued, the date of issuance and the date of expiration, and a description of any and all conditions upon which the permit has been issued. The permit shall be kept at the site during the activity for which the permit was issued. A grading and erosion control permit authorizes the permittee to undertake only that activity described in the permit and only on the property for which the permit is issued. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
16.44.170 Conditions.
The Administrator may at the time of issuance of the grading and erosion control permit impose such conditions as are necessary to ensure compliance with this chapter, City and county improvement standards and specifications, City floodplain ordinance, or state or federal laws. Such conditions shall be reasonably related to the public needs created by the proposed activity. Conditions to mitigate environmental impacts of the activity may also be imposed by the Administrator. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.180 Procedure for imposition.
Any condition imposed pursuant to the provisions of RCMC 16.44.170 s hall be embodied, together with the reasons therefor, in the permit and served upon the applicant or permittee. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.190 Term.
A grading and erosion control permit shall be effective on the date of issuance, and shall remain in force for one year, unless suspended or revoked by the Administrator, or voluntarily relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the activity. One extension of not more than one year may be granted by the Administrator. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.200 Transferability.
A grading and erosion control permit shall not be transferable or assignable from one person to another, unless approved by the Administrator and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.210 Denial of permit.
The Administrator shall deny an application for a grading and erosion control permit if any of the findings in RCMC 16.44.150 ar e made. Notice shall be served on the applicant, in writing, with the reasons stated therefor, pursuant to the provisions of RCMC 16.44.340. [Ord. 21-200 3 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.220 Amendment of permit.
Any proposed changes in the activity authorized by the permit shall be submitted to the Administrator for review. The permittee shall not undertake or allow activity to occur which does not conform with the plans or conditions of the original permit, unless approved by the Administrator.
The Administrator shall review any proposed changes in the same manner and pursuant to the same standards as the original application. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.230 Request for inspection.
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
A. Requests for inspection of any site subject to the provisions of this chapter shall be made to the Administrator within at least two full business days in advance of the desired day of inspection at the following phases of activity.
1. When the site has been cleared of vegetation and unapproved fill, and scarified, benched, or otherwise prepared and before any fill is placed; and the erosion control and sediment control measures to be implemented in this phase have been placed;
2. When approximate final elevations have been established; drainage terraces, swales and other drainage devices have been graded and are ready for paving; berms have been installed at the top of slopes; and the erosion control and sediment control measures to be implemented in this phase have been placed;
3. When work has been completed; slope planting established and irrigation systems installed, if required; and the erosion control and sediment control measures to be implemented in this phase have been placed.
B. The Administrator, upon inspection of the site, shall notify the person or permittee:
1. That the phase of work inspected is approved; or
2. What deficiencies, corrections or other work needs to be completed before approval of that phase. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.240 Reports.
Notification to the Administrator shall be required within 24 hours following the failure of authorized measures to prevent erosion or sediment from leaving the construction site, the deposit of debris or material on adjoining property or public rights-of-way, or the interference with any existing watercourses or drainage facilities. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.250 Cessation of work.
If activity is ceased on site for any reason for a period in excess of 15 calendar days, and before the activity being conducted under the permit is completed, all necessary steps shall be taken to prevent damage through erosion or sedimentation to adjoining properties or to the public rights-of-way or to any natural or artificial drainage facilities or watercourses. The premises shall also be graded to blend into the adjacent terrain. The Administrator shall be notified as soon as possible, but no later than 15 calendar days after the cessation of work. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.260 Completion of work.
After completion of work in accordance with and conforming with an approved permit and delivery to the City of record plans and a grading plan as finally implemented, and payment of all fees, the Administrator shall issue a certificate of completion. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
16.44.270 Inspection.
The administrator may enter and inspect property for which a grading and erosion control permit has been applied to determine applicability or compliance with this chapter, City and county improvement standards or specifications. The Administrator may also inspect any and all property on which grading, filling, clearing and grubbing or excavating activities are occurring. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.280 Grounds for suspension and revocation.
A grading and erosion control permit may be suspended if:
A. The physical state of the property differs from the descriptions, plans or information furnished to the Administrator in the permit application;
B. The activity does not conform to the approved plans, grades, conditions or terms of the permit; C. The activity is in violation of this chapter, City specifications, or state or federal laws; D. Any reports required to be submitted to the Administrator have not been submitted; or E. Any of the information contained in reports submitted to the Administrator is in error. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.290 Method of suspension or revocation.
The Administrator may suspend or revoke a grading and erosion control permit by issuing a notice of suspension or revocation, stating the reasons therefor, and serving same upon the permittee. Upon suspension or revocation of a permit, in accordance with the provisions of this section, the permittee shall immediately cause all grading, filling, excavating, storing, disposing or clearing and grubbing to cease until written authorization is received from the administrator to proceed with the activity.
The permittee shall have 15 calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of RCMC 16.44.300. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the City Council.
If the Administrator suspends a permit, such permit may either be reinstated or revoked by the Administrator, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the Administrator. If the permittee fails to remedy the grounds for suspension within a time period specified by the Administrator, but in no event later than 60 calendar days, the Administrator shall revoke the permit. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.300 Appeals.
If the applicant for a grading and erosion control permit, the permittee, or other person whose property rights may be affected is dissatisfied with any determination made by the Administrator, such person may appeal to the City Council. Any such appeal shall be in writing, shall state the ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
specific reasons therefor and grounds asserted for relief, and shall be filed with the City Clerk not later than 15 calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.310 Appeal fee.
The City Council shall by resolution adopt and, from time to time, amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.320 Appeal hearings.
After the filing of an appeal within the time and in the manner prescribed by RCMC 16.44.300, the City Council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the administrator and the appellant not later than 10 days preceding the date of the hearing. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.330 Actions on appeals.
The City Council shall review the entire proceeding or proceedings relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including the granting of a grading and erosion control permit. Any hearing may be continued from time to time.
At the conclusion of the hearing, the City Council shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the City Clerk. The clerk shall serve such decision on the applicant or permittee and the Administrator. The decision of the City Council shall become final upon the date of filing and service with respect to any appeal. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.340 Notices.
Any notice authorized or required by this chapter shall be deemed to have been filed, served and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the United States Mail, first class, postage prepaid, and addressed to the party to whom it is directed.
Whenever a provision in this chapter requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once not later than 10 calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the city. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
16.44.350 Action against and release of security.
A. The Administrator may commence action against the security provided by a permittee if:
1. The permittee ceases activities on site prior to completion of work without complying with the provisions of RCMC 16.44.250;
2. The permittee fails to comply with the terms of the permit;
3. The activity has caused or is threatening to cause damage or injury to persons, property or the environment.
B. The monies so obtained shall be used solely to finance remedial work undertaken by the City or a private contractor under contract to the City, and to reimburse the City for any administrative costs and expenses incurred in remedying the situation, including attorneys’ fees and legal costs incurred in any necessary action to obtain the security. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.360 Violations.
Except as otherwise specifically provided, pursuant to the provisions of Section 36900 of the Government Code, violation of any of the provisions contained in this chapter shall constitute an infraction subject to a fine of $100.00 for each day (first violation), $500.00 for each day (second or subsequent violations), or any portion thereof if a violation continues.
Violation of any of the provisions of this chapter following notice to the permittee by the Administrator advising of the violation and ordering a cessation thereof shall, pursuant to the provisions of RCMC 1.01.190, constitute a misdemeanor.
Violation of any of the provisions of this chapter may be remedied by injunction or other civil proceeding commenced in the name of the City pursuant to direction by the City Council. [Ord. 38- 2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
16.44.370 Laws not enforced.
There are many ordinances and other laws applicable to activities permitted under this chapter which are not sought to be enforced under this permitting process. Such laws include, but are not limited to, building, floodplain management, and land development measures. The issuance of a grading and erosion control permit shall not be deemed to constitute a representation that the activity so permitted or the property upon which such activity is occurring complies with such other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a grading and erosion control permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1002 § 3, 1995; SCC 0928 § 2, 1993].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 16.84
DEVELOPMENT IMPACT FEES TO FINANCE THE COST OF TRANSPORTATION FACILITIES Sections:
16.84.010 Purpose.
16.84.020 Definitions.
16.84.030 Establishment and administration of the C ity of Rancho Cordova transportation fund.
16.84.040 Establishment and administration of the C ity of Rancho Cordova transportation administration fund.
16.84.050 Imposition of transportation impact fee.
16.84.060 Payment of transportation impact fees.
16.84.065 Payment of transportation impact fee – Deferral.
16.84.070 Adoption of the transportation system capital improvement plan and compliance with priority list of City of Rancho Cordova transportation impact fee program.
16.84.080 Establishment of transportation impact fees and creation of areas.
16.84.090 Calculation of transportation impact fee.
16.84.100 Establishment of costs per unit for land uses within the C ity of Rancho Cordova.
16.84.110 Credit for construction of transportation facilities.
16.84.120 Reimburs ement for construction of transportation projects in advance of the transportation system development impact fee program priority list schedule.
16.84.130 Annual program fee adjustment.
16.84.140 Alternative method and compliance with other laws.
Prior legislation: Ords. 19-2003, 27-2003, 32-2005 and 35-2005.
16.84.010 Purpose.
A. The general plan of the City of Rancho Cordova requires that areas chosen for urban expansion shall be capable of being provided, within a reasonable period of time, with an adequate level of public facilities including, but not limited to, roadway facilities and transit facilities.
B. The general plan further requires the preparation of a plan that identifies a mechanism for financing those facilities necessary to serve urban development in areas designated for urban expansion. The general plan also contains additional policies for supporting funding and use of developer dedications, development fees, and other means to pay for an acceptable level of transportation facilities.
C. The purpose of this chapter is to implement the general plan requirements set forth in subsections (A) and (B) of this section and to use the authority in Article XI, Section 7 of the California Constitution by imposing development fees to fund the cost of certain transportation facilities, the need for which is directly or indirectly generated by the type and extent of development proposed in the City of Rancho Cordova on which the fees will be imposed.
D. It is the further purpose of this chapter to require that adequate provision is made for developer -financed public facilities within the City of Rancho Cordova as a condition to any rezoning and prior to approval of certain permits within the City. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.020 Definitions.
“Areas” means those geographic areas established for public facilities financing purposes within the C ity of Rancho Cordova as depicted in the nexus study for the transportation development impact fee program. A detailed map of each area is depicted in the nexus study and is on file with the City Public Works Department, and such maps are incorporated by reference herein.
“Building permit” means the permit issued or required for residential development, nonr esidential development, commercial development, or other development within the City, pursuant to and as further defined by the City of Rancho Cordova building code.
“City” means the City of Rancho Cordova.
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022. “City of Rancho Cordova transportation administration fund” means that special interest-bearing trust fund established pursuant to RCMC 16.84.040.
“City of Rancho Cordova transportation fund” means that special interest-bearing trust fund established pursuant to RCMC 16.84.030.
“Commercial development” means buildings constructed for the purpose of occupancy by retail, services, and other principally nonoffice businesses located on sites zoned SC shopping center, LC limited commercial, TC travel commercial, AC auto commercial, or GC general commercial in accord with the C ity of Rancho Cordova zoning code or designated commercial or commercial mixed use (CMU). For purposes of this chapter, residential dwellings constructed on sites designated CMU or another commercial zone pursuant to the zoning code are re sidential development rather than commercial development.
“Costs” means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of a public facility or infrastructure including, without limitation, the costs of land, construction and inspection, engineering, administration, and consulting fees. “Council” or “City Council” means the City Council of the City of Rancho Cordova. “Department” means the City of Rancho Cordova Public Works Department. “Development impact fee” or “transportation development impact fee” or “transportation impact fee” means the fee levied by this chapter and due upon the approval of one or more building permits. “Development unit” means a dwelling unit, for residential development, or square foot of building floor area, for nonresidential development.
“Director” means the Director of the Rancho Cordova Public Works Department. “Facilities” means those public facilities designated in the Rancho Cordova transportation capital improvement plan and transportation development impact fee program.
“Fee resolution” means the resolution and fee schedule adopted by the City Council, as may be amended from time to time, that approves the amount of the transportation development impact fees. “Improvement plan” means the site plan of property proposed for development showing all required improvements that must be approved by the Rancho Cordova Public Works Department pursuant to Chapter 12.03 RCMC prior to the issuance of a building permit for the property.
“Land use category” means detached dwelling units, attached dwelling units, multifamily, commercial, office, or industrial/manufacturing uses as further defined in the fee resolution. “Multifamily residential units” means all units within a structure that have five or more units, all of which are offered for rent to the general public, or all units within a structure that have five or more attached units that (1) are available for sale to individual owners, and (2) have living areas less than or equal to 1,200 square feet. “Nonresidential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of buildings other than single-family detached homes, single-family attached homes, duplexes, townhomes, condominiums, apartments, manufactured homes and mobile homes, or improvements thereto.
Nonresidential development includes commercial development. Typically, nonresidential development consists of buildings to be occupied by retail, service, or other commercial businesses or by offices as regulated by the C ity of Rancho Cordova zoning code, but may also include buildings for use by churches, day care centers, private schools, and other institutional uses. Mixed-use buildings consisting of both dwelling units and commercial and/or office areas will have the respective building areas treated as either residential development or nonresidential development for purposes of this chapter.
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022. “Office development” means buildings constructed for the purpose of occupancy by principally business and professional office uses located on sites zoned BP business and professional office in accord with the C ity of Rancho Cordova zoning code or designated commercial or CMU commercial mixed use. “Planning Director” means the Planning Director of the City of Rancho Cordova. “Priority list” means those facilities included in the transportation capital improvement plan and transportation development impact fee program, as identified in order of priority by the D irector, to avoid substantial congestion levels on key roadways.
“Program fee per development unit” means the development impact fee per development unit for a particular category of facilities. Such program fees, identified in the fee resolution, were established using an allocation of transportation system costs, as identified in the transportation capital improvement plan and development impact fee program, and dwelling unit equivalents (DUEs) based on land use categories identified in the nexus study developed for the transportation development impact fee program.
“Programmed cost” means the estimated cost of constructing a facility based upon the unit costs for each construction item plus fixed percentages for engineering, permits and construction contingency as set forth in the city of Rancho Cordova transportation development impact fee program and its public facilities project cost estimates, as periodically updated and adopted by resolution of the Council. “Residential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of dwelling units for residential use including detached and attached housing for owner or rental occupancy. For purposes of this chapter, residential development includes construction of or improvements to buildings or portions of buildings consisting of dwelling units constructed on sites designated CMU or another commercial zone. Institutional uses or other nonhousing development allowed by special use permit to be constructed on sites zoned for residential use are nonresidential development for purposes of this chapter. “Single-family attached residential development” means all units within a structure that have two to four attached units, whether such units are offered for rent or for sale to individual owners, and all units within a structure that has five or more attached units that (1) are available for sale to individual owners, and (2) have a living area greater than 1,200 square feet.
“Single-family detached residential development” includes all single-family detached residential units. “Transportation capital improvement plan” means the projects identified and the cost estimates prepared, and as may be updated, for the transportation system facilities identified in the general plan circulation element and on the roadway sizing diagram within the City limits that are needed to meet traffic demands as identified in the nexus study.
“Transportation development impact fee program” or “transportation impact fee” means the fee schedule, including any amendments thereto, adopted by resolution by the council for financing of designated public facilities to serve the City of Rancho Cordova, including, but not limited to, a designation of those facilities to be constructed with the development impact fees collected pursuant to this chapter, the priority list (“priority list”) for commencement of construction, the estimated cost of construction of the facilities and the total number of dwelling unit equivalents within each area of the City of Rancho Cordova as established. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.030 Establishment and administration of the City of Rancho Cordova transportation fund.
A. There is hereby created by the department of finance in the City treasury a special interest-bearing trust fund entitled the City of Rancho Cordova transportation fund. All amounts collected from transportation impact fees from Area 1 and Area 2 pursuant to this chapter shall be placed in said fund and shall be expended by the C ity of Rancho Cordova or its successor agency solely to pay the costs identified in the transportation capital improvement plan and/or development impact fee program and nexus study.
B. The transportation fund shall be administered by the Director. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
16.84.040 Establishment and administration of the C ity of Rancho Cordova transportation administration fund.
A. T
here is hereby created by the department of finance in the city treasury a special interest-bearing trust fund e
ntitled the city of Rancho Cordova transportation administration fund. All administration fees collected from Area 1 and Area 2 pursuant to this chapter shall be placed in said fund and shall be expended by the C ity of Rancho Cordova or its successor agency solely to pay the costs associated with administering the City of Rancho Cordova transportation impact fee program.
B. C
ommencing with the updated nexus study adopted February 7, 2022, administrative costs are incorporated into the transportation development impact fee. The administrative portion of the transportation development impact fee shall be expended by the City of Rancho Cordova or its successor agency solely to pay the costs associated with administering the transportation development impact fee program.
C. T
he transportation administration fund shall be administered by the Director. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.050 Imposition of transportation impact fee.
No change in a land use zoning designation shall be approved within the City of Rancho Cordova unless payment of the transportation impact fees established by this chapter is required of the property owner as a condition of suc h approval. No building permit shall be approved for property within the City of Rancho Cordova unless the development fees for that property are paid as required by this chapter. [Ord. 3- 2013 § 1; Ord. 6-2006 § 3; Ord. 33- 2005 § 3; Ord. 24-2005 § 3].
16.84.060 Payment of transportation impact fees.
The transportation impact fees imposed pursuant to this chapter shall be paid by the property owner to the department, in an amount calculated pursuant to RCMC 16.84.100. The fees shall be calculated upon the approval of subdivision maps and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not subdivision map approval, the fees shall be both calculated and paid upon issuance of the building permits. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.065 Payment of transportation impact fee – Deferral.
Notwithstanding any other requirement in RCMC 16.84.060, due to the continued effects of the nationwide slowdown in the housing market and the city’s desire to encourage quality development, the city manager, or his/her designee, shall have the authority to consider and approve requests to defer payment of development impact fees imposed pursuant to this chapter to the earlier of 24 hours prior to scheduling a final inspection, issuance of a temporary or final certificate of occupancy, or one year from the date the deferral is approved. [Ord. 8- 2019 § 2; Ord. 4-2016 § 2; Ord. 3-2015 § 2; Ord. 3-2013 § 1; Ord. 32-2010 § 3; Ord. 10-2009 § 3; Ord. 14-2008 § 2].
16.84.070 Adoption of the transportation system capital improvement plan and compliance with priority list of City of Rancho Cordova transportation impact fee program.
A.
T
he Council shall by resolution adopt the City of Rancho Cordova transportation capital improvement plan of the City of Rancho Cordova transportation system development impact fee program. The C ouncil shall review the transportation capital improvement plan not less than annually and may amend it by resolution at its discretion.
B. W
ith the exception of facilities approved by the Director for construction by a property owner pursuant to RCMC
16.84.120, all facilities shall be funded in accordance with the Priority List established for the City of Rancho Cordova transportation development impact fee program. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.080 Establishment of transportation impact fees and creation of areas.
A. A s
eparate transportation impact fee is hereby established for each of the following categories:
1. N
ew development area transportation fee;
2. I
nfill area transportation fee;
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
B. There are hereby created two initial areas of the Ci ty of Rancho Cordova, as shown in the nexus study for the transportation development impact fee program and incorporated herein by reference.
C. F
uture areas of the transportation development impact fee program may be created as additional public facilities financing plans are implemented for remaining undeveloped areas outside of the C ity of Rancho Cordova that may be annexed to the City in the future. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.090 Establishment of costs per unit for land uses within the City of Rancho Cordova.
A. F
ees per unit for various land uses identified in the fee resolution were established using an allocation of transportation system costs as identified in the transportation system capital improvement plan and total additional trip miles based on land use categories identified in the nexus study developed for the transportation impact fee program.
B.
F
or specific land uses not identified in the fee resolution, the cost per dwelling unit equivalent established by the nexus study and the trip generation rates established by the Institute of Traffic Engineers or equivalent method shall be used to calculate the fee per dwelling unit. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3 ].
16.84.100 Calculation of transportation impact fee.
A. F
or residential development, the transportation impact fee shall be calculated by multiplying the number of units per land use category by a per unit cost as identified in the transportation impact fee program and fee resolution.
B. F
or nonresidential development, the transportation impact fee shall be calculated by multiplying the number of building square feet per land use category by a per square foot cost as identified in the transportation development impact fee program and fee resolution.
C. F
or the purpose of calculating the transportation impact fee for land use categories not specifically named in the transportation impact fee program and fee resolution, the planning director is hereby authorized to determine the land use category that corresponds most directly to the land use in question. Alternatively, the P lanning Director can determine that no land use category adequately corresponds, and request the P ublic Works Director to determine the transportation impact fee. Said transportation impact fee will be determined using the applicable trip generation factors as found in the Institute of Transportation Engineers Trip Generation Manual or equivalent method.
D. F
or the purpose of calculating the regional fee, the regional fee shall be calculated as the difference between the transportation impact fee for Area 1 or Area 2 (depending on the location of the property at issue) and the transportation component of the specific plan fee, if any. If no specific plan fee exists, then the regional fee and the transportation impact fee are equivalent.
E. T
he transportation impact fees shall be paid by the property owner in the amount as calculated pursuant t o s
ubsections (A), (B), (C) and (D) of this section for the categories of facilities established by RCMC 16.84.080, and shall include an additional administrative fee per building permit which will be calculated as provided in the transportation development impact fee program nexus study.
F. F
or the purpose of calculating transportation impact fees pursuant to subsections (A), (B), (C), and (D) of thi s s
ection for properties with an approved use permit which significantly changes the underlying use of the site or properties within a special planning area, the director is hereby authorized to determine the per -unit or per-square- foot costs for each fee category that corresponds most directly to the use and density.
G.
F
or the purpose of calculating transportation impact fees pursuant to subsections (A), (B), (C), and (D) of this section for building permits for land use categories not specifically named in this chapter or the transportation development impact fee program, the Director is hereby authorized to determine the per-unit or per-square-foot costs for each fee category that corresponds most directly to the use and density. [Ord. 3- 2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.110 Credit for construction of transportation facilities.
A. U
pon application by the property owner or his authorized agent, the Director may authorize the construction of any transportation facilities, or portions thereof, in order of priority as designated on the priority list for the ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022. transportation development impact fee program in lieu of all, or a portion of, the transportation impact fee required by this chapter. If so authorized, the credit toward transportation impact fees, excluding the administrative fee, to be provided to the property owner for such in-lieu construction shall be equal to 80 percent of the programmed cost of the facility, as set forth in the transportation system development impact fee program in effect at the time when the in-lieu construction is so authorized, including, but not limited to, unit prices, quantities and project descriptions.
Prior to credit being given and/or issuance of any of the approvals set forth in RCMC 16.84.060 (e.g., approvals of building permits, subdivisions or zoning amendments), the construction of any facility authorized by this section must either be accepted by the Department, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director and the City Attorney.
B. Upon acceptance of the completed facility and after reconciliation of the final facility costs, the remaining 20 percent of the programmed cost as designated in the transportation system development impact fee program may be issued as a credit balance to the property owner that may be utilized within the City of Rancho Cordova as determined by the Director.
C. Where the amount of the credit is less than the amount of the transportation impact fee otherwise applicable to the development in question, the property owner must pay to the City the difference in accordance with RCMC
16.84.060.
D. Where the amount of the credit is greater than the amount of the transportation impact fee, the property owner shall be paid the difference only from the applicable transportation fund within a reasonable time after the project is accepted by the Department pursuant to RCMC 16.84.120 in order of priority on the priority list in the transportation system development impact fee program when funds are available.
E. Where a facility is proposed for construction by the property owner, the D irector at his discretion may either (1) provide the property owner with a credit pursuant to this section, or (2) enter into a reimbursement agreement with the property owner pursuant to RCMC 16.84.120. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24- 2005 § 3].
16.84.120 Reimbursement for construction of transportation projects in advance of the transportation system development impact fee program priority list schedule.
A. Upon application by the property owner or his authorized agent, the Director may enter into a reimbursement agreement authorizing the construction of any transportation facilities, or portions thereof, designated in the transportation system development impact fee program. In addition to the requirements of subsection (D) of this section, the agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made, and shall state that reimbursement by the City will only be made from the applicable transportation fund when funds are available.
B. The amount of reimbursement shall be the actual cost of the facility up to the programmed cost of the facility as set forth in the transportation system development impact fee program in effect at the time the construction contract is awarded for that specific facility. The time of reimbursement shall be the end of the fiscal year in which the facility is scheduled for construction, based on the priority list in the transportation system development impact fee program, or as different timing is otherwise authorized by the Director.
C. By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the transportation impact fees in the manner and amount specified by this chapter.
D. If the Director enters into an agreement authorized by subsection (A) of this section, or credit agreement as authorized by RCMC 16.84.110(C), the agreement shall provide that:
1. The general fund of the City is not liable for payment of any obligations arising from the agreement;
2. The credit or taxing power of the City is not pledged for the payment of any obligations arising from the agreement;
3. The landowner shall not compel the exercise of the City taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 16.84 DEVELOPMENT IMPACT FEES TO
FINANCE THE COST OF TRANSPORTATION
FACILITIES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
4. The obligation arising from the agreement is not a debt of the city, nor a legal or equitable pledge, charge, l
ien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only from the transportation impact fees deposited in the applicable transportation fund.
E. T
he property owner or his authorized agent shall apply for reimbursement as set forth in subsections (A), (B), (C ) a
nd (D) of this section no later than four years after the transportation project is constructed and accepted. The property owner shall waive the right of reimbursement for construction costs payable under this section when the reimbursement is not applied for within said four-year limitation. [Ord. 3-2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3;
Ord. 24-2005 § 3].
16.84.130 Annual program fee adjustment.
Commencing January 1, 2014, and thereafter each year no later than January 15th, the finance director, or his or her designee, shall authorize the adjustment of the program fee per development unit for each type of development in each fee category, which shall be adjusted according to the methodology described in the transportation development impact fee program nexus study.
The estimated cost of the facilities used in the transportation system capital improvement program and for calculating credits and reimbursements pursuant to RCMC 16.84.110 and 16.84.120 shall be adjusted annually using the same adjustment factor. [Ord. 3-2013 § 1; Ord. 5-2012 § 1; Ord. 3-2011 § 1; Ord. 5-2010 § 1; Ord. 7-2009 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
16.84.140 Alternative method and compliance with other laws.
A.
T
his chapter is intended to establish a supplemental method for funding the cost of certain facilities the need for which is expected to be generated by the level and type of development proposed in the C ity. Except as provided in Section 4 of the ordinance codified in this chapter (continuance in effect of roadway and transit development fees established by Sacramento County), the provisions of this chapter shall not be construed to limit the power of the Council to impose any other fees or exactions or to continue to impose existing ones on development within the City, but shall be in addition to any other fees, exactions or other requirements that the C ity is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other e ntitlements within the City pursuant to state and local laws. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and/or pay other exactions authorized or required by, but not limited to: (1) the City Public Works Department improvement standards; (2) the Sacramento County municipal services agency improvement standards; (3) the Quimby Act (Section 66477 et seq. of the Government Code) an d
i
mplementing ordinances (Chapter 22.40 RCMC); (4) school impact fees (Section 65970 et seq. of the Government Code) and implementing ordinances; and (5) Sacramento County drainage fees (county water agency Ordinance No. 1). Any credits or repayments pursuant to RCMC 16.84.110 and 16.84.120 shall not include credits or repayment for the funding, construction or dedications described in this section.
B.
T
he construction of facilities by a private owner pursuant to RCMC 16.84.110 and 16.84.120 shall be performe d an
d contracted for only as required by law, including, but not limited to, compliance with the Department’s improvement standards and requirements for public works, if applicable to the particular facility. [Ord. 3 -2013 § 1; Ord. 6-2006 § 3; Ord. 33-2005 § 3; Ord. 24-2005 § 3].
ITEM 11.1.
ATTACHMENT 2
Exhibit A to the Ordinance
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 1 ORDINANCE NO. XX-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CORDOVA
MUNICIPAL CODE TO REPEAL SACRAMENTO COUNTY CODE (SCC)
FLOODPLAIN MANAGEMENT ORDINANCE NO.SZC-2016-0023; TO ADOPT CHAPTER 16.96; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND FLOODPLAIN MANAGEMENT
REQUIREMENTS FOR CITY OF RANCHO CORDOVA.
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
SECTION 1.Recitals.
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Rancho Cordova and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, the City of Rancho Cordova was accepted for participation in the National Flood Insurance Program on 09/15/2004 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Parts 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Rancho Cordova is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas.
SECTION 2.Findings.
This Ordinance is adopted pursuant to the following findings:
(1) To date, the City of Rancho Cordova has relied upon Sacramento County’s Floodplain Management Ordinance.
(2) The City of Rancho Cordova was accepted for participation in the National Flood Insurance Program (“Program”). In consultation with the Federal Emergency Management Agency and the California Department of Water Resources, in order to continue participation in the Program, the City of Rancho Cordova has been advised to adopt its own floodplain management ordinance based upon the identification of certain special flood hazard areas within the boundaries of the City of Rancho Cordova.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 2 (3) There are certain sections of the California Building Standards Code that apply to the design and construction of buildings and structures in flood hazard areas. For consistency with administering the California Building Standards Code, the City finds it is in the public interest to adopt floodplain management regulations that are coordinated and consistent with the California Building Standards Code.
(4) This Ordinance repeals and replaces the following ordinance(s) and regulation(s): SCC NO.SZC-2016-0023
SECTION 3.Repeal of SCC NO. SZC-2016-0023 and insert RCMC Chapter 16.96.
The City Council amends the Rancho Cordova Municipal Code by repealing Rancho Cordova Municipal Code Sections and Ordinance No. 75-2004 that adopted SCC NO. SZC-206-0023.
SECTION 4.Adoption of Floodplain Management Ordinance.
The City Council adds the following sections to the Rancho Cordova Municipal Code:
CHAPTER 16.96– FLOODPLAIN MANAGEMENT
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 16.96.010 GENERAL PROVISIONS
Sec. 16.96.010-1. - Title. These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes, shall be known as the Floodplain Management Regulations of the City of Rancho Cordova (hereinafter “these regulations”).
Sec. 16.96.010-2. - Statutory authority. The legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Sec. 16.96.010-3. - Scope. The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 16.96.020-2 of these regulations.
Sec. 16.96.010-4. – Purposes and objectives. The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
(2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 3 (3) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain. (4) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
(5) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(6) Contribute to improved construction techniques in the floodplain. (7) Minimize damage to public and private facilities and utilities. (8) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(9) Minimize the need for rescue and relief efforts associated with flooding. (10) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(11) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(12) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Sec. 16.96.010-5. - Coordination with California Building Standards Code. Pursuant to the requirement established in California Health and Safety Code, Division 13, Part 1.5 and Part 2.5 that the City of Rancho Cordova administer and enforce the California Building Standards Code, the City Council of the City of Rancho Cordova hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
Sec. 16.96.010-6. - Warning. The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps (Flood Maps | FEMA.gov) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring the City of Rancho Cordova to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.
Sec. 16.96.010-7. - Disclaimer of liability. These regulations shall not create liability on the part of the City Council, any officer, employee, or agent thereof, the State of California, or the Federal
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 4 Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Public Works Director of the City of Rancho Cordova or his/her designee charged with the enforcement of these regulations, while acting in his or her capacity for the City of Rancho Cordova, in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer, employee, or agent, because of an act performed by that officer, employee, or agent in the lawful discharge of duties and under the provisions of these regulations shall be defended by counsel selected by the City until the final termination of the proceedings. The Public Works Director or his/her designee charged with the enforcement of these regulations shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
Sec. 16.96.010-8. - Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.
Sec. 16.96.010-9. - Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, general plan policies, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
ARTICLE 16.96.020 APPLICABILITY
Sec. 16.96.020-1. - General applicability. These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
Sec. 16.96.020-2. - Establishment of flood hazard areas. The Flood Insurance Study (FIS) for Sacramento County, California and Incorporated Areas dated August 16, 2012, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the FEMA Flood Map Service Center, https://msc.fema.gov/portal/home.
Sec. 16.96.020-3. - Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 5 (2) Liberally construed in favor of the governing body. (3) Deemed neither to limit nor repeal any other powers granted under state statutes.
ARTICLE 16.96.030 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 16.96.030-1. - Designation. The City of Rancho Cordova Public Works Director is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
Sec. 16.96.030-2. - General authority. The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 16.96.070 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.
Sec. 16.96.030-3. - Coordination. The Floodplain Administrator shall coordinate with and provide comments to the City’s Chief Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Chief Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 16.96.030-5 of these regulations.
Sec. 16.96.030-4. - Duties. The Floodplain Administrator, in coordination with other pertinent City departments, shall:
(1) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
(2) Review all applications and plans for development in flood hazard areas for compliance with these regulations.
(3) Review, in coordination with the Chief Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
(4) Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
(5) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 6 (6) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(7) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
(8) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobil home Installations when submitted by applicants. (9) Review requests submitted to the Chief Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 16.96.070 of these regulations.
(10) Coordinate with the Chief Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(11) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. (12) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA). (13) Inspect development in accordance with Article 16.96.060 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
(14) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 16.96.070 of these regulations.
(15) Cite violations in accordance with Article 16.96.080 of these regulations. (16) Notify FEMA when the corporate boundaries of the City of Rancho Cordova have been modified and provide a map and legal description of the changes in the corporate boundaries.
Sec. 16.96.030-5. - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Chief Building Official, shall:
(1) Estimate the market value or require the applicant to obtain an appraisal of the market
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 7 value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
Sec. 16.96.030-6. - Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.
ARTICLE 16.96.040 PERMITS FOR FLOODPLAIN DEVELOPMENT
Sec. 16.96.040-1. - Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make an application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.
Sec. 16.96.040-2. - Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
(1) Identify and describe the development to be covered by the permit. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 8 (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan and construction documents as specified in Article
16.96.050 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator. (5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent. (7) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.
A fee shall be paid by the applicant to the City of Rancho Cordova for plan checking and review, site inspections, processing, issuance and other services performed by the Floodplain Administrator in connection with the review of an application for a Floodplain Management Permit. The fees for these services shall be in the amount of the actual costs incurred by the City of Rancho Cordova based on the hourly rate of the personnel performing the services, including all overhead costs, and as determined by the Building and Safety Division and adopted by resolution of the City Council. The permit fees shall be paid in advance at the time the floodplain management activity is requested and those fees will be adjusted each January.
No services(s) will be performed for an applicant until the applicant has paid the estimated fees attributable to such service(s). If the service(s) are greater than the estimated fee, the applicant shall pay the balance of any fees and interest owed prior to issuance of a permit.
Sec. 16.96.040-3. - Validity of permit. The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.
Sec. 16.96.040-4. - Other permits required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
Sec. 16.96.040-5. - Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
Sec. 16.96.040-6. - Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 9 the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.
Sec. 16.96.040-7. - Appeals of decisions. When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Manager, and/or the City Council by filing a written appeal setting forth the reasons of the appeal. Any appeal shall follow the procedures set forth in Rancho Cordova Municipal Code Section 16.44.300.
ARTICLE 16.96.050 SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 16.96.050-1. - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 16.96.050- 2 or Section 16.96.050-3 of these regulations.
(3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 16.96.050-2 of these regulations. (4) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. If a site is filled above the base flood elevation, then buildings constructed within special or local flood hazard areas must be constructed on compacted fill in accordance with the Construction Specifications or at least 90% density per ASTM- 01557 (known as Modified Proctor) and extending at least five feet beyond the building foundation walls before dropping below the base flood elevation and shall include appropriate protection from erosion and scour.
(7) Existing and proposed alignment of any proposed alteration of a watercourse.
Sec. 16.96.050-2. - Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
(1) Require the applicant to include base flood elevation data prepared by a qualified CA
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 10 Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
(3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data in accordance with Section 16.96.050-2(1) of these regulations; or
(b) Specify that the base flood elevation is 1.5 feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 16.96.050-3. - Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 16.96.050-4 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 11 (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 16.96.050-4 of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.
(4) Provide a drainage system report in accordance with the Sacramento County Improvement Standards with a narrative describing the existing and proposed stormwater management system, including all discharge points, collection, conveyance, overland flow path and stormwater storage facilities.
(5) Provide a drainage system map including, but not limited to, sub-watershed boundaries and the property's location within the larger watershed, predevelopment, and post- development terrain at 1-foot contour intervals and the location of all existing and proposed drainage features. Applicant shall include a plan of the parcel showing applicable proposed revisions to pre-development and post development surface drainage flows.
Sec. 16.96.050-4. - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling.
Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
ARTICLE 16.96.060 INSPECTIONS
Sec. 16.96.060-1. - Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
Sec. 16.96.060-2. - Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 12 Sec. 16.96.060-3. - Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification, the Floodplain Administrator shall inspect the installation or have the installation inspected.
Sec. 16.96.060-4. - Buildings and structures. The Chief Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
(1)Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the Chief Building Official.
(2)Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the Chief Building Official.
ARTICLE 16.96.070 VARIANCES
Sec. 16.96.070-1. - Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.
It is the duty of the City Council to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
Sec. 16.96.070-2. – Variances; general. The Planning Commission shall hear and decide requests for variances from the strict application of these regulations. The standards for variances from these regulations in this Article shall be the only standards for variances applied to floodplain management matters and supersede any other standards for variances found in the Rancho Cordova Municipal Code.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 13 Sec. 16.96.070-3. - Limitations on authority. The Planning Commission shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Chief Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.
Sec. 16.96.070-4. - Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.
Sec. 16.96.070-5. - Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.
Sec. 16.96.070-6. - Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 16.96.050- 3(1) of these regulations.
Sec. 16.96.070-7. - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
Sec. 16.96.070-8. - Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:
(1) A determination has been made that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(b) Has low damage potential.
(c) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
(d) Complies with the wet floodproofing construction requirements of Section
16.96.070-8(2), below.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 14 (2) Wet floodproofing construction requirements.
(a) Anchored to resist flotation, collapse, and lateral movement. (b) When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
(c) Flood damage-resistant materials are used below the base flood elevation. (d) Mechanical, electrical, and utility equipment are elevated above the base flood elevation.
Sec. 16.96.070-9. - Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of these regulations and the building code, as applicable, and the following shall be considered:
(1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. (4) The importance of the services provided by the proposed development to the community.
(5) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable. (6) The compatibility of the proposed development with existing and anticipated development.
(7) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site. (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
Sec. 16.96.070-10. - Conditions for issuance of variances. Variances shall only be issued upon:
(1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 15 code inappropriate.
(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.
ARTICLE 16.96.080 VIOLATIONS
Sec. 16.96.080-1. - Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
Sec. 16.96.080-2. - Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work, for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.
Sec. 16.96.080-3. - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
PART II. – DEFINITIONS
ARTICLE 16.96.100 DEFINITIONS
Sec. 16.96.100-1. - General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes.
Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 16 Sec. 16.96.100-2. - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
“Agricultural Structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.] The base flood elevation shall be defined using the National Geodetic Survey Vertical Datum North American Vertical Datum 1988 (NAVD88) used in Sacramento County for floodplain mapping.
“Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] “Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
“Design flood” means the flood associated with the greater of the following two areas: [Also
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 17 defined in CCR Title 24 Part 2.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before August 16, 2012.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 18 “Flood control project” means a dam or barrier designed and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
“Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the Public Works Director of the City of Rancho Cordova, or his/her designee.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.]
“Fraud or victimization” means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 19 "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with these regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. “Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 20 (2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after August 16, 2012.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations. A grading permit, or approval of improvement plans meet the intent of this definition.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self- propelled or permanently towable by a light-duty truck, and designed primarily not for use as a
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 21 permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.] “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.] (1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable.
“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 16.96.200 BUILDINGS AND STRUCTURES
Sec. 16.96.200-1. - Requirements for buildings and structures in flood hazard areas.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 22 Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the CCR Title 24, Part 2 building code, and local amendments to the building code specified in the City of Rancho Cordova Municipal Code Title 16, Chapter 2, Section 5.
Sec. 16.96.200-2. - Local Technical Amendments to CCR Title 24 Part 2.
CCR Title 24, Part 2, Section 1612.2 is adopted by reference, in addition to adding a new section 1612.2.1 as follows:
1612.2.1 Modification of ASCE 24: Non-Residential Elevation requirements. The minimum floor elevation requirements for new or substantially improved non-residential structures shall be as specified in ASCE 24, the base flood elevation plus 1.5 feet, or together with attendant utility and sanitary facilities be dry flood-proofed in accordance with FEMA technical bulletin(s) and the following:
a. Watertight below 1.5 ft above the base flood elevation so that the building walls are substantially impermeable to the passage of water;
b.Have structural components capable of resisting hydrostatic and hydrodynamic loads including the effects of buoyance; and
c.Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.
CCR Title 24, Part 2.5, Section R322.2.1 is adopted by reference, in addition to the following:
R322.2.1 Residential Elevation requirements.
1. Buildings and structures in flood hazard areas shall have the lowest floors (including basement) elevated to or above the base flood elevation plus 1.5 feet or the design flood elevation, whichever is higher.
a. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1.5 feet, or not less than 3 feet, if a depth number is not specified. b. In Zone A where there is no BFE or depth on the FIRM, elevate at least 1.5 feet above the highest value determined by: the historic high water data interpreted by the Floodplain Administrator; the elevation shown on a City study; the elevation of the floodplain is plotted on the topography map; or the elevation determined using the detailed method from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995. c. In Zone AE, Zone AH, and in local flood hazard areas, building pads for slab-on- grade construction shall be at least 1.5 feet above the BFE. d. In Zone AR as established by the effective Flood Insurance Rate Map, the BFE shall be the elevation shown on the FIRM or 3 feet above the highest adjacent grade (before grading occurred), whichever is lower. In areas not designated as developed areas where the AR flood depth is equal to or less than 5 feet above the highest adjacent grade, use the lower of either the AR BFE or the elevation
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 23 that is 3 feet above the highest adjacent grade; or where the AR flood depth is greater than 5 feet above the highest adjacent grade, use AR BFE. e. In areas affected by dual zones, such as AE or local flood hazard, A-99 regulations or the BFE for the underlying zone, whichever is higher, shall apply.
2. Attached garages for residential buildings shall be constructed at least 1.5 feet above the base flood elevation and all building materials below the residential building floor elevation shall be flood resistant per ASCE 24. Garage space under a house must be elevated at least 1 foot above the base flood elevation.
Sec. 16.96.200-3. – Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage must be constructed per the amended CCR Title 24, Part 2.5, Section 101. At the discretion of the Floodplain Administrator, minor detached structures not meeting these requirements may be allowed with proper venting and an executed and recorded declaration of land use restriction in a form approved by Public Works Director or his/her designee, provided they are constructed at or above the base flood elevation.
Sec. 16.96.200-4. - Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
(3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
(4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE
24. (5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.
Sec. 16.96.200-5. – Non-Structural Elevation and Flood-Proofing. (1) Any new built-in swimming pool deck, filter, and pump equipment must be elevated at least 1.5-feet above the base flood elevation unless the property owners execute and
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 24 record a declaration of land use restriction in a form acceptable to. (2) For new or substantially improved structures, heating, plumbing fixtures, air conditioning equipment, furnaces, ductwork, electrical panels, solar panels, outlets, switches, fixtures serving new or substantially improved structures shall be at least 1.5-feet above the base flood elevation or the finished floor, whichever is lower or may be flood-proofed to
1.5-feet above the base flood elevation.
(3) New solar panels and appurtenances, except as described in (2) above, shall be elevated or flood-proofed safely above the base flood elevation.
ARTICLE 16.96.210 SUBDIVISIONS
Sec. 16.96.210-1. - Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(2) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 16.96.220-2 and Section 16.96.220-3 of these regulations, as applicable, and appropriate codes.
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
Sec. 16.96.210-2. - Subdivision requirements. In addition to the requirements of Section
16.96.220-1 of these regulations, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.
(2) Where the subdivision has more than 50 lots or is larger than 5 acres, and base flood elevations are not included in the FIRM, the base flood elevation shall be determined in accordance with Section 16.96.050-2(1) of these regulations. (3) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.
ARTICLE 16.96.220 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 16.96.220-1. - Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 25 (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(2) Where the proposed development has more than 50 lots or is larger than 5 acres, and base flood elevations are not included in the FIRM, the base flood elevation shall be determined in accordance with Section 16.96.050-2(1) of these regulations. (3) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. (4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
Sec. 16.96.220-2. - Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on- site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.
Sec. 16.96.220-3. - Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
Sec. 16.96.220-4. - Development in floodways. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 16.96.050-3(1) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
Sec. 16.96.220-5. - Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section
16.96.050-4 of these regulations.
ARTICLE 16.96.230 INSTALLATION OF MANUFACTURED HOMES
Sec. 16.96.230-1. - Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) if they are located in a mobile home park. Permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
Sec. 16.96.230-2. - Foundations. All new and replacement manufactured homes, that are not
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 26 part of a mobile home park, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations.
Sec. 16.96.230-3. - Anchoring. All new and replacement manufactured homes (that are not part of a mobile home park) to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over- the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
Sec. 16.96.230-4. - General elevation requirement. All manufactured homes that are placed, replaced, or substantially improved on sites located outside of a manufactured home park or subdivision; shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is 1.5 feet above the base flood elevation.
Sec. 16.96.230-5. - Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
Sec. 16.96.230-6. - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
Sec. 16.96.230-7. - Protection of mechanical equipment and outside appliances.
Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 16.96.230, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
ARTICLE 16.96.240 RECREATIONAL VEHICLES
Sec. 16.96.240-1. - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
Sec. 16.96.240-2. - Permanent placement. Recreational vehicles that do not meet the limitations in Section 16.96.240-1 for temporary placement shall meet the requirements of Article 16.96.230 for manufactured homes.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 27 ARTICLE 16.96.250 OTHER DEVELOPMENT
Sec. 16.96.250-1. - General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:
(1) Be located and constructed to minimize flood damage. (2) Meet the limitations of Section 16.96.220-4 of these regulations when located in a regulated floodway.
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (4) Be constructed of flood damage-resistant materials. (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.
Sec. 16.96.250-2. - Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24. Tank inlets, fill openings, outlets, and vents shall be installed 1-foot above the base flood elevation or fitted with covers designed to prevent the inflow of floodwater and outflow of the contents of the tank during the base flood. Water tanks for agricultural operations may be exempted from this elevated venting requirement per the Floodplain Administrator.
Sec. 16.96.250-3. - Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days.
Extensions may be granted in accordance with Section 16.96.040-5 of these regulations. In addition, the following apply:
(1) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
(2) Temporary stored materials shall not include hazardous materials. (3) The requirements of Section 16.96.220-4 of these regulations, when located in floodways.
Sec. 16.96.250-4. - Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 16.96.220-4 of these regulations.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 28 Sec. 16.96.250-5. - Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.
Sec. 16.96.250-6. - Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 16.96.220-4 of these regulations and the requirements for site grading in Chapter 18 of the building code.
Sec. 16.96.250-7. - Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 16.96.220-4 of these regulations. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 16.96.050-3(3) of these regulations.
Sec. 16.96.250-8. - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 16.96.220-4 of these regulations.
ARTICLE 16.96.260 FLOOD CONTROL PROJECTS
Sec. 16.96.260-1. - Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
Sec. 16.96.260-2. - Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
(1) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. (2) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
(3) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and results in any increase in the base flood elevations greater than 0.00 feet (vertical), or alters a watercourse, a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 29 SECTION 5. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Rancho Cordova. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Ordinance.
SECTION 6. CEQA COMPLIANCE.
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that adoption of this ordinance, amending existing sections to the City’s Municipal Code to align with state and federal guidelines, will have a significant effect on the environment. Therefore, adoption of this Ordinance is not subject to CEQA.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 8. EFFECTIVE DATE.
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED and ADOPTED by the City Council of the City of Rancho Cordova on the _____ day of ______ 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Linda Budge, Mayor
ITEM 11.1. ATTACHMENT 3 Exhibit B to the Ordinance
City of Rancho Cordova Floodplain Management Ordinance (August 2023) 30 ATTEST:
Stacy Leitner, CMC
City Clerk
5409476.1
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 3.60
PURCHASING SYSTEM
Sections:
3.60.010 Adoption of purchasing system.
3.60.020 Purchasing agent designated.
3.60.030 Limitations of purchasing agent.
3.60.040 Purchase procedures.
3.60.050 Purchase orders.
3.60.060 Availability of sufficient funds.
3.60.070 Multiyear contracts.
3.60.080 Splitting purchase and projects prohibited.
3.60.090 Inspection and review.
3.60.100 Surplus supplies and equipment.
3.60.110 Public projects.
3.60.120 Exemptions.
3.60.010 Adoption of purchasing system.
A purchasing system is adopted in order to:
A. E
stablish efficient procedures for the purchase of supplies, services and equipment; B. S
ecure supplies, services and equipment at cost commensurate with the level of qua lity required; C. E
xercise financial control over purchases; and
D. C
learly define authority for the purchasing function. [Ord. 9-2012 § 1].
3.60.020 Purchasing agent designated.
The city manager is designated as the city’s purchasing agent and shall be responsible for the purchase of all supplies, services and equipment for all departments and divisions of the city. The city manager may delegate all or a portion of the purchasing duties to any city staff member. In accordance with the limitations imposed by RCMC
3.60.030, the purchasing agent shall have the authority to:
A. P
urchase or contract for supplies, services and equipment required by the city in accordance with purchasi ng pr
ocedures outlined in this chapter;
B. N
egotiate and recommend execution of contracts for the purchase of supplies, services and equipment; C. A
ct to procure for the city the necessary quality in supplies, services, and equipment at the lowest cost to the city; D. P
repare and recommend to the city council revisions and amendments to the purchasing rules; E. E
stablish and maintain such forms as reasonably necessary to the operation of purchasing guidelines; F. S
upervise the inspection of all supplies, services, and equipment purchased to ensure conformance wit h s
pecifications;
G. Recommend the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;
H. M
aintain records necessary for the efficient acquisition of supplies, equipment and services; and I. Awa
rd contracts for public projects and approve change orders to contracts for public projects in accordance wit h t
he provisions of this chapter. [Ord. 9-2012 § 1].
ITEM 11.1.
ATTACHMENT 4
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
3.60.030 Limitations of purchasing agent.
A. Unless otherwise directed by the city council, the city manager shall have authority to purchase supplies, services a
nd equipment, and approve and execute payment of all warrants in the amount of $100,000 or less, on an annual basis; drawn upon the city treasury without presentation to the city council, except as provided for in RCMC
3.60.110 and 3.60.120. The purchase of supplies, services, public contracts and , equipment, and payment of warrants in excess of $100,000, on an annual basis, which have not been authorized pursuant to a specific contract or other instrument previously approved by the city council, shall be presented to the city council for approval.
B. The city manager shall have the authority to extend or renew contracts, previously approved by the city council, f
or the purchase of supplies, services, and equipment, so long as no other amendments to the terms of the applicable contract are made, without city council approval. [Ord. 1-2014 § 2; Ord. 9-2012 § 1].
3.60.040 Purchase procedures.
A. Except as otherwise provided in RCMC 3.60.110 and 3.60.120, the purchasing agent or designee shall secure favorable pricing for the procurement of supplies, equipment, and nonprofessional services. This shall include obtaining at least three bids based upon identical specifications from different vendors prior to purchasing supplies, equipment and nonprofessional services costing over $20,000. Bids may be received by informal price checking, in writing, in person, or via the telephone and shall be documented and maintained in a file with the final awarded contract. The competitive bidding procedures as described in Section 20161 et seq. of the Public Contract Code may be utilized when not otherwise required, at the discretion of the purchasing agent or designee. Award shall be made to the vendor offering the lowest acceptable bid. This requirement shall not apply to the purchase of supplies and equipment for which less than three vendors exist.
B. The purchase of professional services, such as architectural, landscape architectural, engineering, environment al, land surveying, legal, financial consultants or construction project management contractors shall be made on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
C. Without complying with the bidding requirements contained in this section, the purchasing agent may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, equipment, and services with one or more public entities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public entities and open-ended state public procurement unit contracts which are made available to the city. [Ord. 9 - 2012 § 1].
3.60.050 Purchase orders.
All purchases requiring a contract shall be documented by a purchase order prepared by the purchasing agent or designee. [Ord. 9-2012 § 1].
3.60.060 Availability of sufficient funds.
No purchase order shall be issued until it has been ascertained that there is to the credit of the department of the city for whose benefit such purchase is to be made a sufficient unappropriated balance in excess of all unpaid obligations to defray the amount of the purchase order. [Ord. 9-2012 § 1].
3.60.070 Multiyear contracts.
A contract for equipment, supplies or services may be entered into for any period of time deemed to be in the best interest of the city; provided, that the term of the contract and renewal provisions are included in the contract.
Adequate funds must be available to fulfill the first fiscal year’s obligation at the time of contract execution.
Appropriations for subsequent years are subject to authorization by the city council. The purchasing agent shall have the authority to enter into multiyear contracts pursuant to this section in amounts not to exceed $100,000 on an annual basis. [Ord. 9-2012 § 1].
3.60.080 Splitting purchase and projects prohibited.
It shall be unlawful to split or separate into smaller purchases or projects any purchase or project for the purpose of e
vading the provisions of this chapter or the provisions of the Public Contract Code requiring competitive bidding. [Ord. 9-2012 § 1].
ITEM 11.1.
ATTACHMENT 4
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
3.60.090 Inspection and review.
The purchasing agent or designee shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set fo rth in the order or contract as applicable. [Ord. 9-2012 § 1].
3.60.100 Surplus supplies and equipment.
At such times as determined by the purchasing agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing agent shall have the authority to sell, trade or exchange all said supplies and equipment. Any such sales shall be in accordance with RCMC
3.60.040(A). [Ord. 9-2012 § 1].
3.60.110 Public projects.
A. The provisions contained in Section 20161 et seq. of the Public Contract Code establish contract procedures that the city is required to follow for public projects, where the expenditure required for the public project exceeds the limit set by Section 20162 of the Public Contract Code. The term “public project” is defined by Section 20161 of the Public Contract Code as the following: (1) a project for the erection, improvement, painting, or repair of public buildings and works; (2) work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow; (3) street or sewer work except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. The definition of public project contained in Section 20161 of the Public Contract Code provided above may be amended from time to time by the state Legislature and such amendments shall be incorporated herein.
1. Subsection (A) of this section shall not apply in instances where the city elects to follow the alternative procedures established in Chapter 3.70 RCMC under the Uniform Public Construction Cost Accounting Act.
B. The city manager shall have the authority to award contracts for public projects in the amount sp ecified in RCMC
3.60.030 (A) of $100,000 or less. Contracts for public projects in excess of $100,000 the current amount specified in RCMC 3.60.030 (A) shall be awarded by the city council.
C. The city manager shall have authority to approve change orders for public project contracts up to a cumulative and final contract amount of up to $100,000 as specified in RCMC 3.60.030 (A). fFor contracts overoriginally totaling $100,000 the current maximum amount as specified in RCMC 3.60.030 (A), or less, the city manager shall have authority to approve change orders and up to a cumulative total of 10 percent of the latest city council approved contract amount.for contracts of over $100,000. Change orders which exceed these amounts shall be presented to the city council for approval. [Ord. 24-2016 § 2; Ord. 9-2012 § 1].
3.60.120 Ex emptions.
A. Emergencies. The bidding requirements for supplies, services and equipment contained in thi s chapter may be dispensed with when an emergency exists involving a sudden, unexpected occurrence or discovery of a condition or circumstance that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. In such an emergency the purchasing agent may procure supplies, services and equipment in an amount greater than the current amount as specified in RCMC
3.60.030 (Aa)) $100,000; provided, that any such procurement be reported to the city council at the next city council meeting. The procurement of supplies, services and equipment pursuant to this chapter shall not extend beyond the period of the emergency. Notwithstanding the foregoing, Section 22050 of the Public Contract Code shall apply to expenditures made for public projects in an emergency.
B. Grants. Notwithstanding the foregoing, any contract which is paid with grant monies shall strictly adhere to t
hose purchasing provisions set forth in the applicable grant agreement and pursuant to any applicable state or federal law or regulation. [Ord. 9-2012 § 1].
ITEM 11.1.
ATTACHMENT 4
Chapter 3.70
INFORMAL BIDDING PROCEDURES
Sections:
3.70.010 Uniform Public Construction Cost Accounting Act.
3.70.020 Definitions.
3.70.030 Methods for bidding – Size of project.
3.70.040 Informal bidding procedures.
3.70.050 Award of contract.
3.70.010 Uniform Public Construction Cost Accounting Act.
The Cci ty Ccouncil elects to become subject to the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq ., and to establish informal bidding procedures for public projects. [Ord. 24-2016 § 3].
3.70.020 D efinitions.
A. “Commission” means the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22010 et s eq.
B. “Public project” means a project defined in Section 22002 o f the Public Contract Code, as that section may be amended or renumbered from time to time. Pursuant to Section 22002, “public project” means any of the following:
1. C onstruction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
2. Painting or repainting of any publicly owned, leased, or operated facility.
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
4. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. L andscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
ITEM 11.1.
ATTACHMENT 4
e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. [Ord. 24-2016 § 3].
3.70.030 Methods for bidding – Size of project.
A. A publ ic project up toof the greater of $4560,000 (or the amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code as amended,) or less may be performed by Ccity force account, by negotiated contract, or by purchase order, or the city may elect to follow the informal bidding procedures prescribed in RCMC 3.70.040. an d California Contract Code Section 22034.
B. A public project greater than $4560,000 (or the amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code) and less than or equal to the greater ofto $175200,000 (or the currentmaximum amount authorizedas specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code as amended,) the City may elect to follow may be let to contract by informal bid procedures, as established in RCMC 3.70.040 a nd California Contract Code Section 22034.
C. A public project of more than $175200,000 (or otherwise in amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code as amended) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with all applicable provisions of the California Public Contract Code, and RCMC 3.60.110.particularly Section 22034.
D. Emergencies. In compliance with Public Contract Code Sections 22035 and 22050, in cases of emergency when repair or replacements are necessary, the Ccity Ccouncil may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or by giving notice for bids. [Ord. 24-2016 § 3].
3.70.040 I nformal bidding procedures.
A. M ailing of Notice. Where a public project of $200175,000 (or otherwise in amounts authorized byin Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code) or less is to be performed, the Ccity Mmanager or designee shall mail a written notice inviting informal bids to (1) all contractors for the category of work to be bid as shown on the contractors list developed in accordance with subsection (D) of this section and/or (2) all construction trade journals designated by the Commission under Public Contract Code Section 22036. Additional contractors and construction trade journals may be notified at the discretion of the Ccity Mmanager or designee.
B. Timing of Notice. All notices shall be mailed not less than 10 calendar days before bids are due.
C. Contents of Notice. The notice inviting bids shall describe the project in general terms, set forth how to obtain more detailed information about the project, state the time and place for submission of bid, and whether any bonds will be required.
D. Q
ualified Contractors List - Informal Bidding ListContractors List. The Ccity Mmanager or designee(s) shall develop and maintain a list of qualified contractors identified according to categories which comply with Section 22034 o f the Public Contract Code and criteria adopted by the Commission.
ITEM 11.1.
ATTACHMENT 4
E. No Qualified Contractors. If there is no list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
F. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.
G. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding. [Ord. 24-2016 § 3].
3.70.050 Award of contract.
A. Th
e Ccity Mmanager shall have the authority to award contracts for public projects up toin the amount of $100,000 (or up to the amount authorized in RCMC 3.60.030 (A).) or less. Contracts for public projects in excess of the amount authorized in RCMC 3.60.030 (A), shall be awarded by the Ccity Ccouncil.
B. If all bids received on a public project under this procedure set forth in this section are in excess of $175200,000 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code), the Ccity Ccouncil may award the contract at $187212,500 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code) or less to the lowest responsible bidder if the City Ccouncil determines by adopting a resolution by at least four-fifths vote that the Ccity’s original cost estimate was reasonable. [Ord. 24-2016 § 3].
5376249.1
ITEM 11.1.
ATTACHMENT 4
Chapter 6.20 SOLID WASTE MANAGEMENT
Sections:
6.20.010 Purpose and declarations.
6.20.020 Definitions.
6.20.030 Collection or transportation prohibited.
6.20.035 Mandatory service.
6.20.040 Public agency exemption.
6.20.045 Mandatory service exemption.
6.20.050 Franchise requirement.
6.20.055 Exempt collection or transportation.
6.20.060 City council authority to grant franchise.
6.20.070 Franchise terms and conditions.
6.20.080 Application for commercial or residential franchise.
6.20.090 Commercial franchise application review process.
6.20.095 Residential franchise application review process.
6.20.100 Appeal upon denial of award.
6.20.110 Awarding of franchise.
6.20.120 Requirements for franchise effectiveness.
6.20.130 Franchise fees.
6.20.140 Recycling facility reporting requirements.
6.20.150 Restrictions on franchisees.
6.20.160 Medical waste.
6.20.170 Enforcement.
6.20.180 Abatement proceedings.
6.20.190 Notices.
6.20.200 On-site storage.
6.20.210 Solid waste disposal restrictions.
6.20.220 Use of containers.
6.20.230 Rules and regulations.
6.20.240 Vehicle inspection.
6.20.250 Vehicle requirements.
6.20.260 Covered load requirement.
6.20.270 Rights reserved to city.
6.20.280 Other franchise provisions.
6.20.290 Criminal penalties for violations.
6.20.300 Civil penalties for violations.
6.20.310 Settlement process.
6.20.320 Hearing officer.
6.20.330 Appeals.
6.20.340 Appeal hearing.
6.20.010 Purpose and declarations.
A. It is hereby declared and determined that the business of collecting and subsequently transporting, transferring, disposing and/or recycling of residential and commercial solid waste generated, kept or accumulated within the incorporated limits of the city of Rancho Cordova affects the health, safety, public welfare and quality of life of the inhabitants of the city. The city further declares that the business of collecting and disposing of r esidential and commercial solid waste is a public service and should be regulated by the city to ensure reliability and adequacy of service. The use of any public street or public property in connection with such business is of great concern to the city and should be regulated by the city. Therefore, it is the purpose of this chapter to provide such regulation.
The city further declares that residential collection service will be most efficient, and at a lower cost, when collection routes provide door-to-door service uninterrupted by competition in the same area; and that exclusive residential collection services allow for energy conservation in fuel consumed by collection equipment, for the reduction of traffic congestion on roads and streets, and for fewer adverse effects on public streets and rights-of-way due to less truck traffic.
ITEM 11.1.
ATTACHMENT 4
B. It is the further purpose of this chapter to regulate such business in order to ensure its orderly operation and to minimize the adverse effects it may have on the local environment. It is also the purpose of this chapter, aside and apart from regulation, to require compensation for the value of the franchise issued by the city.
C. It is the further purpose of this chapter to provide for the uniform regulation of residential and commercial solid waste collection, removal and transportation within the geographical area of the city.
D. The city hereby elects to have the grant of franchises governed by this chapter, and any ordinances amendatory thereof, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for the conduct of the business of collecting, transporting or disposing of residential and commercial solid waste. [Ord. 17- 2020 § 3 (Exh A)].
6.20.020 Definitions.
Unless the context otherwise requires, the definitions set forth in this section shall govern the interpretation of this chapter.
A. “City” means the city of Rancho Cordova.
B. “City council” means the city council of the city of Rancho Cordova.
C. “City clerk” means the city clerk of the city of Rancho Cordova.
D. “City engineer” means the engineer of the city of Rancho Cordova.
E. “City limits” means the territorial jurisdiction of the city of Rancho Cordova.
F. “Collection” means the act of picking up and removing solid waste or recyclable material at the place of waste generation.
G. “Commercial hauler” means any person who loads, collects, hauls, or transports commerci al solid waste for a fee by use of any means, including, but not limited to, a dumpster truck; roll-off truck; a side-load, front-load, or rear- load garbage truck; or a trailer.
H. “Commercial solid waste” means all solid waste, as defined in this chapter, that is generated by and at commercial and industrial sources, multifamily residential property, and construction and demolition activities that is collected by a commercial hauler.
I. “Franchise” or “commercial franchise” means a commercial solid waste and recyclables collection franchise issued under the provisions of this chapter to a commercial hauler within the city.
J. “Franchisee” means a person or entity holding a franchise issued pursuant to this chapter. "Garbage" means those elements of the Solid Waste stream designated for the “Garbage Container”, and excludes hazardous waste, materials designated for the “Organics Container” or “Recycling Container” or materials which have been separated for reuse.
“Garbage Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Garbage.
K. “Garbage” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Garbage” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code or medical waste. “Gar bage” does not include recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling and that are not landfilled.
ITEM 11.1.
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Note: The distinction between garbage and solid waste is that solid waste includes garbage, recyclable materials, and organic recyclable materials while “garbage” does not.
L. “Materials recovery facility” or “MRF” means any facility designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing recyclable materials for sale and which has obtained and maintains a valid permit(s) to accept, process or store recyclable materials. This definition shall apply only within the framework of materials recovery facility services and reporting of this c hapter.
M. “Multifamily residential property” means five or more individual living units located on a single parcel of land and any mobile home park located within the city.
Organics Container” has the same meaning as “Green Container” in 14 CCR Section 18 98 2(a)(29) and shall be used
for the purpose of storage and collection of Source Separated Organic Waste designated for Compost processing, including Food Waste and landscape and pruning waste accepted in the City’s Organic Waste Collection program, and other organic materials as determined by the City as acceptable for the Organics Container “Organic Waste” or “Organic Recyclable Material” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Scraps, food soiled paper, green material, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic Waste does not include Rigid Compostable Plastic.
N. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.
O. “Police chief” means the chief of police of the city of Rancho Cordova.
P. “Public works director” means the public works director of the city of Rancho Cordova, California.
Q. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. “Recycling” does not include transformation as defined in Section 40201 of the Public Resources Code.
R. “Recycling facilities” means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream.
S. “Recyclable material” or “recyclables” means materials that have been separated from the solid waste stream pr
ior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled. ThisRecyclable material or recyclables. includes those materials that can be placed in the Recycling Container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City. “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated Recyclable Materials.
T. “Removal” means the act of taking solid wastes or recyclable materials from the place of generation.
U. “Residential dwelling unit” means an individual living unit in a single -family dwelling, condominium, townhouse, mobile home, duplex (two units), triplex (three units), fourplex (four units) or building of four or less total individual living units intended for, or capable of being utilized for, residential living other than a hotel or motel.
V. “Residential hauler” means any person who loads, collects, hauls, or transports residential solid waste for a fee by us
e of any means, including, but not limited to, a dumpster truck; roll-off truck; a side-load, front-load, or rear-load garbage truck; or a trailer.
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W. “Residential solid waste” means all solid waste, as defined in this chapter, that is generated by and at a residential dwelling unit.
X. “Residential franchise” means a residential solid waste collection franchise issued under the provisions of this chapter to a residential hauler within the city.
Y. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid waste s, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code, or medical waste. “Solid waste” includes recyclable materials set out for separate collection for the purposes of recycling, and that are not landfilled.
Z. “Source separate” or “source separated” means the process of removing recyclable materials from solid waste for the purpose of recycling.
AA. “Treated medical waste” means medical waste as defined in subsection (a) of Section 25023.5 of the Health and Safety Code.
BB. “Construction and demolition debris” means used or discarded materia ls resulting from construction, renovation, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. This includes mixed construction and demolition debris and source separated recyclable construction and demolition material. [Ord. 17- 2020 § 3 (Exh A)].
6.20.030 Collection or transportation prohibited.
Except as authorized by RCMC 6.20.040 and 6.20.050, it shall be unlawful for any person to engage in the business of collecting, removing or transporting residential or commercial solid waste, or otherwise organizing, directing, sponsoring, brokering or causing the collection, removal or transportation of commercial residential or solid waste within the city without possessing a valid franchise or valid residential franchise granted by the city. [Ord. 17- 2020 § 3 (Exh A)].
6.20.035 Mandatory service.
Except as otherwise expressly provided by this chapter, the owner, tenant, or occupant of every improved parcel (
parcel with one or more business and/or residential buildings approved for occupancy) located within the city shall subscribe to a garbage container, recycling container and organics container solid waste collection service from a residential or commercial franchisee operating pursuant to this chapter. Each business (DBA) and/or residential building with a separate address and each separate business unit and each separate residential unit (under separate rental agreement) with a common address located on such parcel shall subscribe to such a three container waste collection service. The owner, tenant or occupant of a parcel wi th a residential dwelling unit shall subscribe to a collection service from a residential franchisee operating according to this chapter. The owner, tenant, or occupant of a parcel with a commercial or multifamily property shall subscribe to a three contai ner collection service from a commercial franchisee operating according to this chapter. The owner, tenant or occupant shall comply with the relevant sections of this chapter, state law and local ordinances; and pay for the collection and disposal of such containers, unless a Commercial Business Owner receives an exemption or waiver as provided in RCMC 6.21. 140 Subscription to such required service does not preclude Single Family Residents or Commercial Businesses from self- hauling their own waste in their own vehicles if they meet the self-haul requirements noted inof this chapter.
6.20.040 Public agency exemption.
The provisions of RCMC 6.20.035 shall not be applicable to the United States, the state of California, the county, a city, a special district or any other local public agency with respect to the accumulation, collection or transportation of refuse resulting from operations of such agency. [Ord. 17-2020 § 3 (Exh A)].
6.20.045 M andatory service exemption.
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The public works director, and/or his or her designee shall, upon application, grant a written exemption from the mandatory collection service requirements established by RCMC 6.20.035 for any property utilized for commercial purposes which does not generate solid waste, and may grant such an exemption for any residential dwelling unit (but not multifamily residential properties) if it determines that the occupant has made adequ ate and appropriate arrangements for the disposal of solid waste and required subscription to collection service would constitute an unreasonable hardship or impractical burden. [Ord. 17-2020 § 3 (Exh A)].
6.20.050 Franchise requirement.
It is unlawful for any person to engage in the business of collecting, transporting or disposing of residential or commercial solid waste kept, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for residential or commercial solid waste service in the city unless:
A. A commercial franchise or residential franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect and a written franchise agreement therefor has been executed between such person and the city and such agreement is in full force and effect. [Ord. 17- 2020 § 3 (Exh A)].
6.20.055 Exempt collection or transportation.
The following persons shall be authorized to organize, direct or sponsor the collection, removal or transportation of residential or commercial solid waste within the city, or collect, remove or transport such solid waste, without a franchise or a residential franchise:
A. The United States, the state of California, a city, a special district or other local public agency, or any employee or member of the Armed Forces thereof, or any individual or employee of such individual who has entered into a contract for solid waste collection with a federal or state agency, when collecting or transporting solid waste produced by operation of the public entity under a system of solid waste collection and transportation operated and maintained by the public agency;
B. The owner, operator or occupant or employee of a farm or ranch consisting of five acres or more, when transporting for off-site disposal solid waste accumulated as a result of operation of the farm or ranch; C. An owner or occupant of a residential or multifamily residential property, when collecting or trans porting recyclable materials and/or organic recyclable materials, not containing garbage, from his or her residential premises to a lawful point of disposal;
D. A residential construction contractor, commercial or residential gardener and those engaged in the business of cleaning residential, commercial and multifamily residential properties and employees thereof, when collecting or transporting solid waste consisting of by-products of the services provided to a lawful disposal location; E. A person or employee thereof, when collecting or transporting dead animals, bones, meat scraps or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste that is collected without charging a fee to the customer for purposes of salvage; provided, that such persons shall reuse or recycle or cause to be reused or recycled all materials collected, and shall not transport or arrange for the transport of any collected materials to a disposal site; F. An operator or employee thereof of one or more industrial plants which are under single ownership, when collecting or transporting wastes which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious or hazardous substances; provided, that all such wastes shall be deposited at an appropriate disposal area permitted pursuant to California State solid or hazardous waste management standards.
Any transportation of solid waste authorized by this section shall be conducted in strict compliance with any and all r
equirements of this chapter relating to transportation and any regulations issued hereunder; ITEM 11.1.
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G. Any person collecting or transporting hazardous waste, medical waste and designated waste, as defined in law, regardless of its source;
H. Any person collecting or transporting by-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
I. Any person collecting or transporting residue or nonprocessable waste from a solid waste management facility, including material recovery, composting, and transformation facilities; J. Municipal corporations and other governmental agencies using their own vehicles engaged in the collection, transportation, or disposal of solid waste within the city; and K. Any commercial edible food recovery organization collecting edible food from commercial establishments resulting in the recovery and redistribution of edible food for consumption. [Ord. 17- 2020 § 3 (Exh A)].
6.20.060 City council authority to grant franchise.
A. The city council may and is hereby empowered to grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste, accumulated or generated in the city, or to delegate the authority, by resolution, to the public works director, and/or his or her designee, to grant the franchise.
B. The city council may and is hereby empowered to grant to a qualified applicant an exclusive residential franchise to engage in the business of collecting, transporting or disposing of residential solid waste and recyclable materials kept, accumulated or generated in the city, or to delegate the authority, by resolution, to the public works director, and/or his or her designee, to grant the franchise according to the procedures set forth in RCMC 6.20.080 and
6.20.095.
C. The city council may grant a commercial franchise or a residential franchise to an applicant based on compliance with this chapter. Any grant of a commercial franchise or a residential franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the city council deems necessary to protect the public health, safety, or welfare.
D. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to administer and negotiate nonsubstantive changes to the commercial franchise and residential franchise agreements. The city council may delegate authority by resolution to the public works director, and/or his or her designee, to administer, negotiate and execute franchise agreements. [Ord. 17-2020 § 3 (Exh A)].
6.20.070 Franchise terms and conditions.
A. All franchises and residential franchises shall be subject to the terms and conditions specified in this chapter, in the franchise agreement and in all other applicable federal, state and local laws and regulations.
B. In granting any franchise or residential franchise, the city council may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the city council are in the public interest.
C. Each franchisee shall provide residential or commercial solid waste collection, removal, recycling, and transportation services consistent with the provisions of this chapter, the terms and conditions of the franchise issued to the franchisee, and any applicable federal, state, or local statute, ordinance, rule or regulation.
D. Each franchisee shall provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability. [Ord. 17-2020 § 3 (Exh A)].
6.20.080 Application for commercial or residential franchise.
A. All applications for commercial or residential franchises pursuant to this chapter shall be in writing and shall be filed with the public works director, and/or his or her designee.
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B. Each application for a commercial or residential franchise from a company that has never held a commercial or residential franchise in the city shall be submitted by the applicant on a form provided by the public works director, and/or his or her designee. The application shall contain all attachments with the following information:
1. Identification.
a. The name and address of the applicant.
b. Business address and telephone number of the applicant. c. Address where all vehicles and operating equipment used within the city wi ll be kept. d. If the applicant is a partnership, the applicant shall include the name and address of each partner, general, limited or otherwise, owning more than 10 percent ownership in the partnership and their percentage of ownership.
e. If the applicant is a corporation, the application shall state the names and addresses of the corporation’s directors, date and place of incorporation, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.
f. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests and/or ownership. g. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effo rt, together with their percentage interest.
2. Business Operations. The names of the executive, operational and financial managers to be used in connection with the solid waste collection services, together with documentation that such persons and the applicant have sufficient experience in solid waste handling to perform solid waste collection services in the city.
a. Attestation that books and accounts of all revenue and income arising out of its operations will be kept in a manner that conforms to generally accepted accounting principles. b. A statement that the applicant shall obtain insurance prior to commencing business subject to the franchise agreement.
c. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established under AB 939, and as defined in the franchise agreement. d. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant’s partners, major stockholders, corporate directors or parent or subsidiary companies, occurring within the last five years. Applicants that are subject to the periodic reporting requirements of Section 13(a) of the Securities Exchange Act may, in lieu of the information required by this subsection, submit the information reported pursuant to 17 CFR 229.103 (Legal proceedings) and 229.403 (Security ownership of certain beneficial owners and management) on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.
3. Facilities and Equipment.
a. A description of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial waste in the city and which are subject to the provisions of the franchise agreement. A statement as to whether said vehicles and equipment are self - unloading and equipped with audible automatic backup warning devices. The minimum vehicle ITEM 11.1.
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description for existing vehicles shall include Vehicle Identification Number (VIN) and license plate number.
b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.
c. Evidence demonstrating that the applicant owns or will have the legally enforceable right to use at least two collection vehicles, the bodies of which are closed, leak-resistant, and constructed for the purpose of solid waste collection, transportation, and disposal. In the alternative, for the purposes of this provision, an applicant may demonstrate by the evidence that they service and transport open-top roll-off boxes for the collection, transportation, and disposal of nonputrescible waste and/or roll -off compaction boxes which are closed, leak-resistant, and are constructed for the purpose of solid waste collection, transportation, and disposal.
4. Financial Resources. Applicant shall provide proof satisfactory to the public works director, and/or his or her designee, that the applicant has adequate financial resources to conduct commercial solid waste collection services.
5. Diversion Plans. Each franchisee shall submit a diversion plan with their franchise application. The diversion plan shall provide a detailed description of how the franchisee intends to divert recyclable material s from commercial solid waste in order to assist the city in meeting the city’s AB 939 reporting requirements.
6. Application for Police Chief Review.
a. The city may request that the police chief review each franchise application prior to the city issuing a franchise. The public works director, and/or his or her designee, may refer all franchise applications or renewals pursuant to this chapter to the police chief who, in conjunction with city staff, shall make such investigation of the applicant as the police chief deems necessary in order to determine whether the applicant’s character or the business responsibility of the firm the applicant represents is satisfactory. The requirements of this section apply to all pending or future applications or proposals for issuance or renewal of such franchise pursuant to this chapter. The police chief’s investigation may include, but is not limited to, obtaining the fingerprints and a photograph of the applicant, or any other person connected with the firm which the applicant represents, and the obtaining of reports from the state and federal law enforcement agencies and reports from any other appropriate sources. b. If requested to review an application, the police chief shall evaluate each franchise application or proposal to determine whether the operation of the business which the applicant or party submitting the proposal represents would involve an unreasonable risk to the health, safety or general welfare of the public. In making such a determination, the police chief shall consider the character of the applicant or party submitting the proposal and each director, officer, manager and other person who exercises policy control over the operations of the applicant or proponent, the business responsibility of the firm which the applicant or party submitting the proposal represents, and the manner in which the firm intends to conduct its business.
c. The police chief shall notify the public works director, and/or his or her designee, of the results of the investigation conducted pursuant to this section. If the police chief recommends disapproval of the application or proposal, the reasons for disapproval shall be specified in writing. The police chief shall forward a copy of the statement of reasons to the public works director, and/or his or her designee, and shall provide a copy to the applicant or party submitting the application.
7. Other.
a. Any other evidence that demonstrates that the applicant is able to render collection and subsequent transportation and/or disposal services in accordance with applicable federal, state and local statutes.
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b. Such additional information as may be reasonably requested by the public works director, and/or his or her designee.
c. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application shall be kept up to date by the applicant who shall file a new verified statement within 48 hours of any change indicating in detail the nature of any change in the information.
C. Each application for a commercial or residential franchise from a company holding a valid, current commercial or residential franchise which is set to expire shall be submitted by the applicant on a form provided by the public works director, and/or his or her designee. The application shall include all attachments required by the public works director, and/or his or her designee.
D. The application shall be signed by the person applying for the commercial or residential solid waste and recyclables collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation. [Ord. 17-2020 § 3 (Exh A)].
6.20.090 Commercial franchise application review process.
A. The city council may award franchises for the collection of commercial solid waste within the city to applicants meeting all of the qualifications of this chapter.
B. Applicants may submit their completed application for a commercial franchise, as provided in RCMC 6.20.080, to the public works director, and/or his or her designee, for review and consideration at any time. The public works director, and/or his or her designee, shall review such submittals and either make a recommendation to the city council to award such franchise or notify applicant of denial within 60 days of receiving a completed application.
C. The public works director, and/or his or her designee, shall take into consideration all components of the completed application, including but not limited to:
1. The ability of the applicant to meet all terms of the agreement;
2. Any history of civil or criminal convictions that may compromise the public’s interests; and
3. The completeness, accuracy, and validity of the application.
The public works director, and/or his or her designee, shall also have the authority to verify independently any and all statements made and implied in the application. The public works director, and/or his or her designee, may also request clarification from applicant of any or all elements of the submitted application.
D. After the 60-day review period, the public works director, and/or his or her designee, shall either:
1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or
2. Recommend to the city council that a franchise be awarded.
E. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the public works director, and/or his or her designee, to award the franchise within a reasonable period of time. The public works director, and/or his or her designee, will notify applicant in writing of an award. [Ord. 17 - 2020 § 3 (Exh A)].
6.20.095 Residential franchise application review process.
A. The city council may award an exclusive franchise for the collection of residential solid waste and recyclables within the city to an applicant meeting all of the qualifications of this chapter.
B. Applicants may submit their completed application for a residential franchise, as provided in RCMC 6.20.080, to the public works director, and/or his or her designee, for review and consideration when the city has noticed its desire to receive such applications and according to the deadlines set forth by such notice. The public works director, and/or his or her designee, shall review applications and either make a recommendation to the city council to award such franchise or notify applicant of denial within 60 days of receiving a completed application.
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C. The public works director, and/or his or her designee, shall take into consideration all components of the completed application, including but not limited to:
1. The ability of the applicant to meet all terms of the agreement;
2. Any history of civil or criminal convictions that may compromise the public’ s interests;
3. The completeness, accuracy, and validity of the application; and
4. The applicant’s ability to provide the most efficient and cost-effective collection service to city residents while minimizing the adverse effects of such service on the residents, city streets and rights -of-way, and the environment.
The public works director, and/or his or her designee, shall also have the authority to verify independently any and all statements made and implied in the application. The public works director, and/or his or her designee, may also request clarification from applicant of any or all elements of the submitted application.
D. After the 60-day review period, the public works director, and/or his or her designee, shall either:
1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or
2. Recommend to the city council that a franchise be awarded to a particular applicant; or
3. Recommend to the city council a group of finalists from which the city council may sel ect an applicant to award an exclusive franchise to.
E. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the public works director, and/or his or her designee, to award the franchise within a reasonable period of time. The public works director, and/or his or her designee, will notify applicant in writing of an award. [Ord. 17 - 2020 § 3 (Exh A)].
6.20.100 Appeal upon denial of award.
A. Within 30 days of written notification of award denial or within 60 days of the public works director, and/or his or her designee’s failure to act on the commercial or residential franchise application, the applicant has the right to meet with the public works director, and/or his or her designee, to review the items cited in the written notice and provide any additional evidence to support an award. Within 15 days of such meeting, the public works director, and/or his or her designee, will make a final, written determination of the application, based on the reviews of additional evidence, together with the original application. The public works director, and/or his or her designee, will send a copy of all final, written determinations, including reasons for denial, if any, to both applicant and t he city council.
B. Applicant may, within 10 days after receiving the public works director, and/or his or her designee’s final denial, request a public hearing before the city council by submitting to the city clerk a written petition for an appeal hearing. If a public hearing is requested, the city clerk shall set the matter for hearing at the next regularly scheduled city council meeting or any later date as agreed upon by the applicant and clerk of the city council. At such hearing, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the city council may demand from the applicant such additional information as the city council may deem relevant and necessary. Standard rules of evidence are not in effect at such public hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does in fact meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The city council will provide applicant with a written explanation of its determination on the application within 30 days of such hearing. The city council’s decision is final.
C. If the term of an applicant’s existing franchise expires while the application is under city review, the city council or the public works director, and/or his or her designee, may administratively extend the term for such period of time as is required to complete the appeal process. [Ord. 17-2020 § 3 (Exh A)].
6.20.110 Awarding of franchise.
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A. A commercial or residential franchise shall become effective only once the applicant and the city have signed a written agreement, and upon applicant’s satisfying all of the requirements and conditions set forth in both this chapter and the franchise agreement.
B. The franchisee must provide to the city copies of all required certificates of insurance, and bonds as may be enumerated in the franchise agreement and this chapter. Should franchisee fail to maintain all such insurance and bonding requirements, uninterrupted for the term of the agreement, the city will immediately suspend or terminate the commercial or residential franchise.
C. If the franchisee’s description of vehicles and equipment, as required under RCMC 6.20.080, has changed between the application date and the effective date of the franchise agreement, franchisee must submit to the public works director, and/or his or her designee, an amended description, including a ll identification elements required under RCMC 6.20.080, prior to commencing services authorized in the agreement. [Ord. 17- 2020 § 3 (Exh A)].
6.20.120 Requirements for franchise effectiveness.
A franchise granted pursuant to this chapter shall not become effective unless and until all of the following requirements have been satisfied:
A. The ordinance granting the residential or commercial franchise, or the resolution granting the public works director, and/or his or her designee, the authority to grant the franchise, is effective.
B. The applicant and the city have executed a franchise agreement.
C. Within 20 days from the date of adoption of the ordinance granting the commercial or residential franchise, or within 20 days of the date of adoption of the resolution delegating authority to the public works director, and/or his or her designee, to grant the franchise, the applicant to whom a franchise has been granted has filed with the city clerk evidence of compliance with the insurance requirements specified in the franchise agreement. [Ord. 17-2020 § 3 (Exh A)].
6.20.130 Franchise fees.
A. Each person engaging in the business of collecting, transporting or disposing of commercial or residential solid waste accumulated or generated in the city shall pay a franchise fee to the city. The city council shall set the franchise fee by resolution, or shall delegate the authority to set the franchise fee to the city manager.
B. The payment of franchise fees to the city pursuant to this section shall be in addition to any license fee or business tax prescribed by any local jurisdictions for the same period.
C. Commercial and residential solid waste franchise fees shall be payable on all gross collection revenues by a franchisee from its commercial or residential solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues prior to franchisee imposing the franchise fee on its customers. Nonexclusive franchisees shall also pay franchise fees on revenues received from federal and state government entities within the city.
D. Franchise fees shall be payable by any person providing commercial or residential solid waste services within the city after the effective date of the ordinance codified in this chapter, even where no franchise has been granted. [Ord. 17-2020 § 3 (Exh A)].
6.20.140 Recycling facility reporting requirements.
A. All recycling facilities within the city shall provide bi-annual written reports to the public works director, and/or his or her designee, due 45 days after the close of the six-month reporting period, and including the following information for the previous six months:
1. The total aggregate tonnage of recyclable material received from generators located within the city;
2. The aggregate tonnage of recyclable material received from waste management and recycling operations in the city;
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4. The total aggregate amount of residuals generated at the facility and disposed of at a permitted solid waste disposal facility, expressed as a percentage of total tonnage received.
B. To the extent permitted by the California Public Records Act, any report or other information required by this chapter shall be deemed confidential and shall not be subject to public disclosure except for aggregate totals for all facilities.
C. Recycling facilities receiving only scrap metals, agricultural waste, inert materials, and/or discarded, white - coated major appliances that are not normally disposed of and thus cannot be counted towards the state’s diversion requirements are exempt from the reporting requirements of this chapter. [Ord. 17 -2020 § 3 (Exh A)].
6.20.150 Restrictions on franchisees.
The following restrictions shall be applicable to franchisees:
A. Except to meet the two-truck requirement of RCMC 6.20.080(B)(3)(c), no franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operations under a franchise.
B. No franchisee, by contract, express understanding or indirectly, shall, in cooperation with another franchisee, divide, segregate or apportion any territory within the city for the purpose of restricting competition within a particular territory.
C. No franchisee shall, directly or indirectly, enter into any contract, express understanding or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level.
D. No franchisee or any director, officer, partner, joint venturer, sole proprietor or corpor ate owner thereof shall be a controlling shareholder of, be a partner, joint venturer or sole proprietor, owner, have any other interest in or be employed by another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity’s ownership of shares in the corporation, if the same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this subsection shall be revocation or refusal to renew a franchise.
E. Each franchisee shall provide to the public works director, and/or his or her designee, such information as the public works director, and/or his or her designee, determines is reasonably necessary to facilitate effective administration of the franchise under the provisions of this chapter. Diversion information may be provided consistent with the framework for materials recovery facility (MRF) services and reporting of RCMC 6.20.140.
F. Notwithstanding any other provisions of this chapter, it shall be allowable for a franchisee having an interest in a materials recovery facility (MRF) to provide a reporting service, a solid waste processing service to another franchisee consistent with the framework for MRF services and reporting of RCMC 6.20.140. [Ord. 17- 2020 § 3 (Exh A)].
6.20.160 Medical waste.
A. Commercial franchisees shall not be required to divert treated medical waste.
B. No treated medical waste from commercial or residential solid waste generat ors shall be delivered by a permittee to a materials recovery facility for the purpose of recycling. [Ord. 17-2020 § 3 (Exh A)].
6.20.170 Enforcement.
Except as otherwise expressly provided, the provisions of this chapter shall be administered and enforced within the city by the public works director, and/or his or her designee, or other staff and enforcement officials designated by the public works director, and/or his or her designee. [Ord. 17-2020 § 3 (Exh A)].
6.20.180 Abatement proceedings.
Any operation or activity contrary to the provisions of this chapter or a franchise agreement, including the terms and conditions of any franchise, is unlawful and shall constitute a public nuisance. The public works director, and/or his ITEM 11.1.
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or her designee, is authorized to commence in the name of the city actions or proceedings to abate and enjoin any such operation or activity. [Ord. 17-2020 § 3 (Exh A)].
6.20.190 Notices.
A. Whenever a provision of this chapter authorizes or requires a public hearing to be conducted by the city council, notice of the time, date, place and purpose of the hearing shall be published at least once not later than 10 calendar days in advance of the date of such hearing in a newspaper of general circulation which is published within the city, and shall be served upon each franchisee who is affected by such hearing.
B. Any written notice or other communication to a franchisee which is authorized or required by this chapter shall be deemed served and effective for all purposes when deposited in the United States mail, postage prepaid, and addressed to the latest address of the franchisee shown in the city records pertaining to the franchise. [Ord. 17- 2020 § 3 (Exh A)].
6.20.200 On-site storage.
Every owner, tenant or occupant of a residential dwelling unit or multifamily residential property and every owner, operator or keeper of any business with a fixed location in the city which generates solid waste shall provide and at all times keep within an enclosure, or conveniently located near an enclosure or building, water -tight containers for garbage and suitable containers for recyclable materials and organic recyclable materials, and shall cause to be deposited in such containers, and not elsewhere, all solid waste which accumulates on the premises. The containers shall have tightly fitted covers and shall not leak or permit the escape of odors. Notwithstanding the requirements of this section, generators shall not be required to set out or store recyclable materials and/or organic recyclable materials together with garbage and generators shall be allowed to appropriately store recyclable materials and/or organic recyclable materials for collection separate from garbage. It shall be unlawful for any person to fail to comply with the requirements of this section. Containers shall be clearly identified with the name of the franchisee. [Ord. 17-2020 § 3 (Exh A)].
6.20.210 Solid waste disposal restrictions.
A. It shall be unlawful for any franchisee to do any of the following:
1. To operate or have an interest in a solid waste disposal site, other than a transfer, receiving and/or processing station, within the city;
2. To operate a solid waste disposal area in the city; or
3. To dump any solid waste upon, or permit the same to fall upon, any property, road or highway other than the areas designated by this chapter for the disposal or dumping of solid waste.
B. It shall be unlawful for any person to dump, deposit, or release any solid waste in or on any public or private property, including streets, sidewalks, gutters, highways, or easements, except when acting in accordance with the solid waste collection regulations set forth in this chapter. [Ord. 17-2020 § 3 (Exh A)].
6.20.220 Use of containers.
No person other than a customer who has contracted for service with a franchisee, or a person with such customer’s consent, shall deposit solid waste into a solid waste bin, drop box or compactor placed in the city by a franchisee for the purpose of receiving solid waste. [Ord. 17-2020 § 3 (Exh A)].
6.20.230 Rules and regulations.
A. The collection and subsequent transportation and disposal of commercial solid waste within the city is under the supervision of the public works director, and/or his or her designee, who shall have the power to promulgate rules and regulations regulating such collection and subsequent transportation and disposal, including but not limited to:
1. Commercial solid waste generation, storage, recycling, recovery, accumulation, collection, removal, transportation and disposal;
2. The manner in which commercial solid waste collection services are provided;
3. Types of commercial solid waste and vehicles used therefor; ITEM 11.1.
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4. The operation and maintenance of sanitary methods of commercial solid waste disposal;
5. Reporting requirements for recycling facilities.
B. A copy of said rules and regulations and all amendments thereto shall be sent by registered or certified mail, postage prepaid, to all affected franchisees addressed to their last place of business. To the extent not otherwise provided by law, it shall be unlawful for a franchisee to collect and subsequently transport or dispose of commercial solid waste contrary to any regulation, order, permit or requirement promulgated by the public works director, and/or his or her designee.
C. All such rules and regulations shall be consistent with the provisions of this chapter and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.
D. Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the city council, notice of which shall be given in the manner prescribed by RCMC 6.20.340(A). At the conclusion of the public hearing, the city council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The city council’s determination in this regard shall be final.
E. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the city council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision that rescinds or modifies the regulation shall apply prospectively.
F. It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this section. [Ord. 17-2020 § 3 (Exh A)].
6.20.240 Vehicle inspection.
All trucks and containers used in the collection, removal, transportation or storage of commercial solid waste in the city shall be subject to inspection by the city engineer for the purpose of determining whether or not the trucks and containers comply with Title 14, Sections 17341 through 17345 of the California Code of Regulations. [Ord. 17 - 2020 § 3 (Exh A)].
6.20.250 Vehicle requirements.
The bodies of vehicles used in the collection, removal or transportation of commercial solid waste in the city shall have beds of metal or other impervious material which can be cleaned, and shall otherwise be of a type approved by the city engineer’s department adopted pursuant to Title 14, Section 17341.B of the California Code of Regulations.
The city engineer shall be authorized to issue administrative regulations pertaining to specifications for vehicles and containers, the cleansing and disinfecting thereof, and other sanitary measures in connection therewith. [Ord. 17- 2020 § 3 (Exh A)].
6.20.260 Covered load requirement.
A. All franchisee vehicles and all privately owned or operated vehicles using solid waste disposal facilities in the city shall have their vehicle loads covered, with a tarp or equivalent cover, to ensure protection from littering during transportation from the origin of the trip to any waste disposal facility located in the city.
B. All vehicles hauling materials with the load originating in the city to a waste disposal facility located outside of the city shall have their loads covered while in transit within the city.
C. Every permitted or nonpermitted waste disposal facility located within the city s hall post signs notifying the public that it is illegal to haul uncovered loads to the facility. These facilities shall cooperate with the city enforcement staff by providing covered load education and promotion information to their customers to help assure the effectiveness of this chapter. [Ord. 17-2020 § 3 (Exh A)].
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6.20.270 Rights reserved to city.
In addition to all other rights reserved to the city under this chapter, the following shall apply:
A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the city, whether enacted before or after the effective date of the ordinance codified in this chapter.
B. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the city.
C. The franchisee shall have no recourse whatsoever against the city, its officers, employees or agents or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of the enforcement of this chapter.
D. There is hereby expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee and the power and authority to increase the franchise fees to be paid by the franchisee pursuant to RCMC 6.20.130. [Ord. 17-2020 § 3 (Exh A)].
6.20.280 Other franchise provisions.
The city council may expand or contract the scope of franchise agreements over time due to changes in law or interpretations of law. [Ord. 17-2020 § 3 (Exh A)].
6.20.290 Criminal penalties for violations.
The following criminal penalties apply to violations of this chapter:
A. Violation as Misdemeanor. Unless otherwise specified by this chapter, violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of terms and conditions established in connection with franchises issued pursuant to this chapter, shall constitute a misdemeanor.
B. Penalty for Misdemeanor. Unless otherwise specified in this chapter, any person, whether as principal, agent, employee or otherwise, who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six mon ths in the county jail, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. Such penalties shall be in addition to any late fees, civil penalties, administrative civil penalties, or other charges payable to the city by a franchisee for the same period of time or for the same violations.
C. Violation as Infraction. Unless otherwise specified by this chapter or the franchise agreement, the following violations by a franchisee are infractions:
1. Delinquent Payment of Franchise Fee. A delinquent payment of a franchise fee that is not received by the city before the first day of the month following the due date established under the franchise agreement is a violation and a separate violation for every month the payment remains delinquent thereafter.
2. Delinquent Payment of Franchise Fee Late Charge. A delinquent payment of a late payment charge and/or interest charges for a late franchise fee payment (under the franchise agreement) that is not received by the city before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
3. Delinquent Payment of Late Report Charge. A delinquent payment of a late charge for a delinquent quarterly report of diversion (under the franchise agreement) that is not received before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
4. Delinquent Payment of Audit Fee. A delinquent payment of an audit fee (under the franchise agreement) that is not received by the city before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
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5. Delinquent Diversion Report. A delinquent quarterly report of diversion (under the franchise agreement) that is not received by the city before the first day of the third month following the end of the quarter reporting is a violation and a separate violation for every month the report remains delinquent thereafter.
6. Incomplete Diversion Report. If a quarterly report of diversion (under the franchise agreement) that is received by the city is incomplete, the inadequacy must be remedied or corrected by the franchisee before the first day of the third month following the end of the quarter or it is a violation and a separate violation for every month the report remains incomplete thereafter. A complete quarterly report of diversion includes all information as may be required by the public works director, and/or his or her designee. Partial quarterly reports of diversion will be considered incomplete.
D. Penalty for Infraction. Unless otherwise specified by this chapter or in the franchise agreement, an infraction is punishable by a fine not exceeding $200.00 for a first violation of any offense under subsection (C) of this section within the preceding 12-month period; a fine of $500.00 for a second violation of the same offense under subsection (C) of this section within the preceding 12-month period; and a fine of $1,000 for each additional violation of the same offense under subsection (C) of this section within the preceding 12 -month period. The public works director, and/or his or her designee, or the city attorney shall also have the discretion to elevate any infraction under subsection (C) of this section to a misdemeanor, punishable under subsection (B) of this section. Such penalties shall be in addition to any late fees, civil penalties, administrative civil penalties, or other charges payable to the city by a franchisee for the same period of time or for the same violation.
E. Separate Remedies. Each civil, criminal, or administrative civil penalty imposed pursuant to this chapter for any separate violation shall be separate from, and in addition to, any other provision of law and does not supersede or limit any and all other legal remedies and penalties, civil, administrative or criminal, which may be applicable under other laws. [Ord. 17-2020 § 3 (Exh A)].
6.20.300 Civil penalties for violations.
The following administrative civil penalties apply to violations of this chapte r:
A. Administrative Civil Penalties. In addition to any other remedies provided by this chapter, any person who violates any provision of this chapter shall be liable for an administrative civil penalty to be imposed by the public works director, and/or his or her designee. The amount of the penalty shall not be more than $1,000 for each day of violation. Any person who knowingly violates any provision of this chapter, after reasonable notice of the violation, is liable for an administrative civil penalty of not more than $1,000 for each day of violation. In determining the civil, criminal, and administrative civil penalties imposed pursuant to this chapter, all relevant circumstances shall be considered, including but not limited to the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the violator.
B. Administrative Civil Penalty Procedure.
1. Notice of Violation. The public works director, and/or his or her designee, shall notify the violator in writing of the time within which an alleged violation must be remedied or corrected. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.
2. Notice of Penalty and Opportunity for Hearing. Notice of any administrative civil penalty shall set forth the alleged acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The notice of administrative civil penalty shall be served by personal service or certified mail and shall inform the person so served that the administrative civil penalty impose d may be administratively reviewed by a city-designated hearing officer before it is enforced if a request for hearing is timely filed. The notice shall also specify the procedure for requesting a hearing before the hearing officer.
3. Administrative Review. If a person desires administrative review of the administrative civil penalty imposed by the public works director, and/or his or her designee, he or she shall request a hearing by timely filing a written request pursuant to the provisions of RCMC 6.20.330. The written request for an appeal must be accompanied by an administrative hearing fee, as established by the city council. Any such appeal shall be in ITEM 11.1.
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writing, shall state the specific reasons therefor and grounds asserted for rel ief, and shall be filed with the public works director, and/or his or her designee, not later than 15 calendar days after the date of service of any such decision. A hearing shall be conducted by the hearing officer pursuant to RCMC 6.20.340 unless the person has waived the right to a hearing or has entered into a settlement agreement with the public works director, and/or his or her designee. A person waives the right to a hearing by so stating in writing or by failure to file with the public works director, and/or his or her designee, a written request for hearing within 15 days after service of the notice of opportunity for hearing.
4. Effective Date. Where the person has waived the right to a hearing or where the person has entered into a settlement agreement, the administrative civil penalty shall not be subject to review by any court, the hearing authority, or any other agency and shall be effective 15 days after notice of the penalty is served. Where a hearing has been held, the penalty shall be effective 20 days after the decision of the hearing authority becomes final.
5. Judicial Review. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Section 53069.4 of the Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code upon the city shall be by service upon the city clerk.
6. Payment of Costs of Enforcement/Collection. In addition to any penalty, sanction, fine or imprisonment, each person who violates this chapter shall be required to pay any and all expenses of enforcement including costs necessary to bring the person into compliance with this chapter. In addition to all remedies contained herein, the city may pursue all reasonable and legal means in collecting those sums authorized and due.
7. Collection. Payment of the penalty shall be made within 30 days from when the penalty became effective. In addition to all remedies herein contained, the city may pursue all reasonable and legal means in collecting administrative civil penalties. [Ord. 17-2020 § 3 (Exh A)].
6.20.310 Settlement process.
The public works director, and/or his or her designee, may adopt a written settlement agreement process for the settlement of violations of this chapter, which shall take into consideration the penalty factors set forth in RCMC
6.20.300. [Ord. 17-2020 § 3 (Exh A)].
6.20.320 Hearing officer.
Whenever the term “hearing officer” is utilized in this chapter, it shall be deemed to refer to one or more qualified persons assigned the responsibility of conducting a hearing by the city manager. [Ord. 17 -2020 § 3 (Exh A)].
6.20.330 Appeals.
Any decision of the public works director, and/or his or her designee, may be appealed to a hearing officer appointed by the city manager. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the public works director, and/or his or her designee, not later than 15 days after the date of service of any such decision. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived. [Ord. 17-2020 § 3 (Exh A)].
6.20.340 Appeal hearing.
A. Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by RCMC 6.20.330, the hearing officer shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than 10 days preceding the date of the hearing.
B. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. Testimony shall be given under oath, and the parties to the hearing shall have the right to cross-examine witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which make improper the admission of such evidence over objection in civil actions ITEM 11.1.
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in courts of competent jurisdiction in this state. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
1. Record. A record of the entire hearing proceedings shall be made by either a certified court reporter or tape recorder operated by the hearing officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time to time by the city council.
2. Scope. Only those matters or issues specifically raised by the appellant(s) in the written appeal shall be considered in the hearing on appeal.
3. Oaths and Certification. The hearing officer has the power to administer oaths and affirmations and to certify official acts.
4. Oral Evidence. Oral evidence shall only be taken on oath or affirmation.
5. Rights of Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues of the hearing even though the matter was not raised in the direct examination, to impeach any witness regardless of which party first called him or her to testify, to present rebuttal evidence and to represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so. No appellant shall be required to testify without his or her consent.
6. At the conclusion of the hearing, the hearing authority shall prepare a written decision that either grants or conditionally grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the public works director, and/or his or her designee, and served not later than 30 days following the date on which the hearing is closed on the appellant and on other persons who appeared at the hearing and requested a copy. Service shall be by personal delivery or certified mail.
C. City and appellant shall jointly pay for the costs of the hearing. [Ord. 17-2020 § 3 (Exh A)].
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Chapter 6.21 BUSINESS AND MULTIFAMILY RECYCLING AND ORGANICS RECYCLING Sections:
6.21.010 Purpose and declarations.
6.21.020 Definitions.
6.21.030 Threshold for covered generators.
6.21.040 Requirements for covered generators.
6.21.050 Special requirements.
6.21.060 Designation of recyclable materials and organic recyclable materials.
6.21.070 Ownership of recyclable materials and organic recyclable materials.
6.21.080 Requirements for franchised waste haulers.
6.21.090 Requirements for service agreements.
6.21.100 Process for addressing covered generator noncompliance.
6.21.110 Requirements for multifamily residential properties.
6.21.120 Requirements for self-hauling.
6.21.125 SB 1383 regulatory compliance.
6.21.130 Reporting.
6.21.140 Exemptions from recycling standards.
6.21.150 City rules and regulations.
6.21.160 Rights reserved to city.
6.21.170 Administration and costs.
6.21.180 Unlawful acts.
6.21.190 Implementation and enforcement.
6.21.200 Posting of notices.
6.21.210 Notice of violation.
6.21.220 Notice of violation – Content.
6.21.230 Administrative enforcement order.
6.21.240 Administrative enforcement order – Content.
6.21.250 Delivery of notice or order.
6.21.260 Administrative appeals.
6.21.270 Hearing officer.
6.21.280 Hearing procedure.
6.21.290 Form and contents of decision – Finality of decision.
6.21.300 Procedures for collection of administrative civil penalty.
6.21.310 Actions not prohibited.
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6.21.320 Penalties.
6.21.010 Purpose and declarations.
A. It is the intent and purpose of this chapter to promote recycling and organics recycling by:
1. Requiring covered generators in the city of Rancho Cordova to keep recyclable materials separate from all other garbage for recycling;
2. Requiring covered generators in the city of Rancho Cordova to keep organic recyclable materials separate from all other garbage for organics recycling;
3. Requiring covered generators to provide city-approved signs and labeled containers for the storage and collection of recyclable materials and organic recyclable materials;
4. Requiring covered generators to self-haul recyclable materials and/or organic recyclable materials with written approval from the public works director, and/or his or her designee, or enter into a written service agreement for the collection and subsequent delivery of recyclable materials and organic recyclable materials to a recycling facility; and
5. Prohibiting the collection of garbage to covered generators that are not subscribed to recyclable material and organic recyclable material collection services with the same franchised waste hauler or who have not received written approval from the public works director, and/or his or her designee, for an exemption or waiver.
B. It is further the purpose of this chapter to provide a mechanism to require the implementation of recycling programs and organics recycling programs for covered generators within the city to thereby enable the city to meet and maintain the 50 percent waste diversion requirements set forth in Section 41780(a)(2) of the California Public Resources Code. [Ord. 17-2020 § 4 (Exh B)].
6.21.020 Definitions.
A. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time.
B. “AB 827” means the Solid Waste: Commercial and Organic Waste: Recycling Bins Act of 2019.
C. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.
D. “Alternative compliance and exemption form” means the form provided by the public works director, and/or his or her designee, on which a covered generator may request an exemption or waiver from the recycling and organics materials collection requirements.
E. “Business” means:
1. A commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including, but not limited to, offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, and gas stations and automotive facilities; and
2. Not-for-profit organizations, including, but not limited to, churches, hospitals, and social service organizations.
F. “City” means the city of Rancho Cordova, California.
G. “Collection” means the act of picking up and removing garbage, recyclable materials or organic recyclable m
aterials at the place of generation.
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H. “Commercial hauler” or “hauler” means any person who collects, hauls, or transports commercial garbage, recyclables and/or organics for a fee by use of any means, including, but not limited to, a dumpster truck, roll -off truck, a side-load, front-load, or rear-load garbage truck, or a trailer.
I. “Commercial solid waste” means all solid waste as defined in subsection (GG) of this section that is generated by and at commercial and industrial sources, multifamily residential properties, and construction and demolition activities that is collected by a commercial hauler.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint -s tock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this c hapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).
J. “Covered generator” means all single family, commercial businesses and multifamily residential properties (which are a type of Ccommercial Bbusiness for the purposes of implementing this chapter)that are subject to the requirements of this chapter. The public works director, and/or his or her designee, shall specify the minimum weekly solid waste collection service threshold that defines covered generators for the purposes of this chapter and shall include such designation in the commercial franchise agreement and shall also be designated in RCMC .
6.21.030, “Threshold for Single Family, Commercial Business and Multifamily Property Generators” covered generators. A covered generator may include a single family, business or multifamily residential property owner or generator and is dependent on whomever executes a contract(s) for solid waste, recycling, and organics recycling removal and collection services.
K. “Customer” means a single family, business or multifamily residential property owner or generator who contracts for solid waste removal services and enters into a service agreement with a franchised waste hauler. Where several businesses or multifamily residential properties share garbage containers and service, “customer” refers only to the party who enters into a contract for garbage, recycling and organic collection services.
L. “Designated green materials” (or “green materials”) means materials that are required to be separated from ga
rbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green materials include, but are not limited to: yard trimmings, grass, weeds, leaves, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste. Green material excludes food scraps and paper contaminated with food scraps.
M. “Designated organic recyclable materials” (or “organic recyclable materials”) means materials that are required to be separated from garbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic recyclable materials include, but are not limited to: yard trimmings and food scraps such as green trimmings, grass, weeds, leaves, prunings, branc hes, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, dairy waste, meat waste, fish waste, paper products and food-soiled paper products and/or as otherwise specified by the public works director and/or his or her designee.
N. “Designated recyclable materials” (or “recyclable materials”) means materials that are required to be separated from garbage and designated organic recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Recyclable materials include, but are not limited to: clean cardboard, paper, plastic, scrap metal, beverage containers, and clean (untreated and unpainted) wood.
O. “D
esi gnee” means a person or entity that the City Manager or Public Works Director designates, contracts with, or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this chapter authorized byin 14 CCR Section 18981.2. A Designee may be a government employee or entity, a private entity, a Franchised Collector, or a combination of those entities.
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P. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Q. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
• A food bank as defined in Section 113783 of the Health and Safety Code; • A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Ccode; and,
• A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
R. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
S. “Food Scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
T. “Food Service Provider” is a Tier 1 Commercial Edible Food Generator and means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
U. “Food Waste” means Food Scraps and food soiled paper.
OV. “Franchise” or “commercial franchise” means a commercial garbage, organics and recyclables collection franchise issued to a commercial hauler by the city of Rancho Cordova.
PW. “Franchisee” or “franchised waste hauler” means a person or entity holding a commercial or residential franchise issued by the city pursuant to Chapter 6.20 RCMC.
Q. “Garbage” means all putrescible and nonput rescible solid, semisolid, and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Garbage” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, or medical waste. “Garbage” does not include recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling and that are not landfilled.
X. "Garbage" means those elements of the Solid Waste stream designated for the “Garbage Container”, and excludes hazardous waste, Excluded Waste, materials designated for the “Organics Container” or “Recycling Container” or materials which have been separated for reuse.
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Note: The distinction between garbage and solid waste is that solid waste includes garbage, recyclable materials, and organic recyclable materials while “garbage” does not.
Y. “G arbage Container” has the same meaning as “Gray Container” in 14 C CR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Garbage.
ZR. “Generator” means each single family, business or multifamily residential property that is responsible for the initial creation of Garbage, Organic Waste or Recyclable Materials generates one or more designated recyclable materials or one or more designated organic recyclable materials as a result of its business activities or multifamily residential property activities.
AA. “Grocery Store” is a Tier 1 Commercial Edible Food Generator and means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
BBS. “Multifamily residential property” means five or more individual living units located on a single parcel of land and any mobile home park located within the city.
CCT. “National contracts” means contracts between waste management companies and multi -s ited waste-generating companies that operate currently throughout the United States, in more than one state.
U. “Organics recycling” means the process of collecting, sorting and treating designated organic recyclable materials and/or designated green materials that would have otherwise become garbage and returning them to a safe, nuisance-free compost product by treating the materials to a controlled biological decomposition.
DD. Organics Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Recyclable Material designated for Compost processing, including Food Waste and landscape and pruning waste accepted in the City’s Organic Waste Collection program, and other organic materials as determined by the City as acceptable for the Organics Container EE. “Organic Waste or Organic Recyclable Material” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, Food Scraps, food soiled paper, green material, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic Waste does not include Rigid Compostable Plastic.
FF. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Recyclable Material, or as otherwise defined in 14 CCR Section 18982(a)(48).
GGV. “Owner” means the person who owns a business or multifamily residential property. An owner may also be a generator.
HHW. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.
IIX. “Public works director” means the public w orks director of the city of Rancho Cordova, California.
JJY. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of ra w materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Section 40201 of the California Public Resources Code. The term “recycling” may be used to include source separated materials.
KKZ. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials or organic recyclable materials that have been source separated from the s olid waste stream.
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LL. “Recyclable material” or “recyclables” means materials that have been separated from the solid waste stream prior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled. Recyclable material or recyclables This includes those materials that can be placed in the Recycling Container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City.
MM. “Recyclable materials container” or “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated Recyclable Materials.
means any box, tub, cart, or other container placed inside each individual multifamily residential unit and in maintenance or work areas on the premises of covered generators that is made of metal, hard plastic or other sim ilar material and is suitable for the collection of designated recyclable materials and designated organic recyclable materials pursuant to this chapter. Recycling materials containers must be approved by the city.
NNBB. “Recycling plan” means the plan to be presented to all covered generators by their franchised waste hauler to document understanding of the requirements of this chapter and record the selected compliance option for each designated recyclable material or each designated organic recyclable material.
CCOO. “Removal” means the act of taking garbage, recyclable materials, or organic recyclable materials from the place of generation.
DDPP. “SB 1383” means the Short-Liv ed Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.
QQ. “Single-F amily” means, of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.
EERR . “Self-haul,” when used in reference to a covered generator, means a covered generator, or employee designated by the covered generator, who collects, transports and hauls recyclable materials and/or organic recyclable materials from the business or multifamily residential property in a vehicle owned by either an employee or the entity to a recycling facility rather than hiring a franchised waste hauler to perform this function. Self -hauler also includes a person who back-hauls waste.
1. “B ack -haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
FFSS. “Service agreement” means a written agreement between a franchised waste hauler and a co vered generator concerning the collection of designated recyclable materials and/or designated organic recyclable materials.
GGTT. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, or medical waste. “Solid waste” includes recyclable materials or organic recyclable materials set out for separate collection for the purp oses of recycling and that are not landfilled.
HHWW. “Source separate” or “source separated” means the process of removing recyclable materials and/or organic recyclable materials from garbage for the purpose of recycling and/or organics recycling.
IIXX. “Subcontract” is a contract assigning some of the obligations of a contract to a third party.
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JJYY. Tier 1 and Tier 2 Commercial Edible Food Covered Generators.
1. “Tier one Ccommercial Eedible Ffood Ggenerator” means a Ccommercial Eedible Ffood Ggenerator that is one of the following:
a. Supermarket. “Supermarket” means a full-lin e, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
b. Gro cery Sstore with a total facility size equal to or greater than 10,000 square feet. “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments. c. Food Sservice Pprovider. “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
d. Food Ddistributor. “Food Ddistributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
e. Wholesale Ffood Vvend or. “Wholesale Ffood Vvendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
2. “Tier two Ccom
mercial Eedible Ffood Ggenerator” means a Ccommercial Eedible Ffood Ggenerator that is one of the following:
a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. “
Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on - premises or immediate consumption.
b. Hotel with an on-s ite food facility and 200 or more rooms. “Hotel” has the same meaning as in Section 17210(a) of the Business and Professions code.
c. Health Ffacility with an on-site food facility and 100 or more beds. “Health Ffacility” has the same meaning as in Section 1250 of the Health and Safety Code. d. Large Vvenu e. “Large Vvenue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For the purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
e. Large Eeven
t. “Large Eevent” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
f. A state agency with a cafeteria with 2 50 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
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g. A Llocal Eeducation Aagency with an on-site food facility. “Local Eeducation Aagency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste. [Ord. 17-2020 § 4 (Exh B)].
6.21.030 Thr eshold for Single Family, Commercial Business and Multifamily Property Generatorscovered generators.
A. Recycling Requirements. All AB 341single family, commercial business and multifamily residential property covered generators, and any other covered generators as defined in state law, must subscribe to and receive recyclable a sufficient number of recyclable material containers to adequately store all source separated recyclable materials generated in connection with the residence or business between the times designated for collection material collection services from a franchised waste hauler unless they receive alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection servic e and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
B. Business Organics Recycling Requirements. All single family, commercial business and multifamily residential property generatorsAB 1826 and/or SB 1383 business covered generators, and any other covered generators as defined in state law, must subscribe to a sufficient number of recyclable material containers to adequately store all source separated organic recyclable materials generated in connection with the residence or business between the times designated for collection and receive an adequate level of organic waste collection services from a franchised waste hauler unless they receive written approval of an alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
C. Multifamily Residential Property Organics Recycling Requirements. All AB 1826 and SB 1383 multifamily covered generators, and any other covered generators as defined in state law, must subscribe to and receive organic waste collection services from a franchised waste hauler unless they received written appr oval of an alternative compliance and exemption from the city as provided for in RCMC 6.21.040. [Ord. 17- 2020 § 4 (Exh B)].
6.21.035 Education and Outreach Requirements for Commercial Business Owners and Multi-family Owners.
All Commercial Business Owners are required to:
A. Excluding Multi -Family Residential Dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the R ecycling Container, Organics Container, and Garbage Container collection service.
B. Excluding Multi -Family Residential Dwellings, periodically inspect Recycling Containers, Organics Containers, and Garbage Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
C. Including Multi -Family Residential Dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Organic Waste and Recyclable Materials. A copy of such instructions shall be provided to the Public Works Director or Designee, upon request.
D. Including Multi-Family Residential Dwellings, p rovide information before or within fourteen (14) days of new occupation of the Premises to new tenants and no less than fourteen (14) days before tenants move out of the Premises, unless a tenant does not provide fourteen (14) or more days’ notice to before moving out, ITEM 11.1.
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that describes requirements to keep Organics Container Organic Waste and Recyclable Materials separate from each other and from Garbage, the location of containers, and the rules governing their use at the Premises.
E. Including Multi -Family Residential Dwellings, prominently post and maintain one or more signs where Recyclable Materials and/or Organic Waste are collected and/or stored that set forth what materials are required to be Source Separated, in addition to collection procedures for such materials.
6.21.040 A dditional Requirements for covered generators.
A. Any covered generator that does not subscribe to garbage, recyclable material, and organic waste collection services with the same franchised waste hauler is required to complete an “alternative compliance and exemption form” and have that form approved by the city in writing as a condition of receiving garbage collection service from a franchised waste hauler.
B. Each covered generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:
1. Source separate designated recyclable materials and designated organic recyclable materials from garbage;
2. Provide a basic level of recycling and organics recycling services that includes , at a minimum, the collection of designated recyclable materials and/or designated organic recyclable materials;
3. Enter into a service agreement with the same franchised waste hauler for the collection of designated recyclable materials and designated organic recyclable materials; and
4. Complete and retain, on site, if applicable, the approved alternative compliance and exemption form, certifying that recycling and/or organic collection services are being provided by a franchised waste hauler if that franchised waste hauler is not also providing garbage service or certifying and receiving written approval from the public works director, and/or his or her designee, that all self-hauling activities will be completed in accordance with provisions in RCMC 6.21.120.
C. M
ulti family property owners Each covered generator shall provide for recyclable materials containers for designated recyclable and organic materials in multifamily residential rental units and in maintenance and work areas where recyclable materials may be collected and/or stored.
D. Each covered generator under AB 827, and all other applicable state law, shall provide recyclable materials co
ntainers for designated recyclable and organic materials where customers have access to the business. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials and/or designated organic recyclable materials are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.
E. Each covered generator shall notify and instruct employees and tenants in writing of applicable source separation requirements, including a list of designated recyclable materials and/or designated organic recyclable materials that are required to be source separated for recycling or organics recycling. A copy of such instructions shall be provided to the public works director, and/or his or her designee, upon request.
F. Commercial Business Owners and Multifamily Property OwnersEach covered generator shall ensure that designated recyclable materials and/or designated organic recyclable materials generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.
G. The service agreement, alternative compliance and exemption form, and/or other documents pertaining to this cha
pter, shall be available for inspection by the public works director, and/or his or her designee, at the principal location of the covered generator during normal business hours.
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H. Nothing in this chapter shall abridge the right of any covered generator, or any other person, to sell or exchange at fair market value its own recyclable materials or organic recyclable materials which are source separated for reuse and recycling or organics recycling.
I. No franchised waste hauler shall be held liable for the failure of its customers to comply with such regulations.
J. No covered generator shall be liable for the failure of their franchised waste hauler to deliver designated recyclable materials or designated organic recyclable materials to a recycling or processing facility. [Ord. 17 -2020 § 4 (Exh B)].
6.21.050 Special requirements.
In addition to any and all requirements that apply to the recycling and/or organics recycling of designated recyclable materials and/or designated organic recyclable materials throughout the city above, collection service received or provided in the city shall be subject to the following additional special requirements:
A. No recycling, automatic lift containers or bins within the collection area of the city shall be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, notwithstanding that such building may be abandoned or otherwise out of use.
B. Compliance with the above special requirements shall be the sole responsibility of the covered generator. [Ord. 17-2020 § 4 (Exh B)].
6.21.060 Designation of recyclable materials and organic recyclable materials.
Designated recyclable materials and/or designated organic recyclable materials shall be source separated from garbage before collection, removal, transportation or disposal pursuant to this chapter. The public works director, and/or his or her designee, shall specify designated recyclable materials and organic recyclable materials that must be source separated by all covered generators pursuant to RCMC 6.21.040. The specifications for designated recyclable materials and designated organic recyclable materials shall consider materials market conditions and the availability of a cost-effective system for recycling such materials. [Ord. 17-2020 § 4 (Exh B)].
6.21.070 O wnership of recyclable materials and organic recyclable materials.
A. All designated recyclable materials and designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins shall be considered owned by and be the responsibility of the franchised waste hauler. No person shall collect designated recyclable materials or designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins for recyclable materials or organic recyclable materials by customers without permission from the franchised waste hauler.
B. Except as authorized by RCMC 6.21.120, Requirements for self-hauling, it shall be unlawful for any person to engage in the business of collecting, removing or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of designated recyclable materials or designated organic recyclable materials who is not a franchised waste hauler. [Ord. 17-2020 § 4 (Exh B)].
6.21.080 Requirements for franchised waste haulers.
A. Commercial waste haulers shall be franchised pursuant to the provisions of Chapter 6.20 RCMC, and such franchise shall be in full force and effect.
B. Franchised waste haulers shall offer collection service and automatic lift containers, bins or roll-off bins for designated recyclable materials and designated organic recyclable materials sufficient to accommodate the quantity and types of designated recyclable materials and designated organic recyclable materials to all its garbage customers.
C. Franchised waste haulers shall equip and provide automatic lift containers, bins and roll -of f bins for designated
recyclable materials and designated organic recyclable materials with locks and/or other suitable features to prevent theft of recyclable materials and organic recyclable materials.
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