Appendix B - Ordinance No 333.pdf

This is an ordinance (No. 333) adopted by the City Council of the City of Yucaipa, California, establishing a Construction and Demolition Waste Diversion Program under Chapter 8.26 of the Municipal Code. The ordinance mandates that all covered construction, renovation, and demolition projects within city limits meeting specified thresholds must divert a minimum percentage of construction and demolition (C&D) waste from landfills through recycling, reuse, or salvage operations. The specific diversion percentage is to be established by City Council resolution. Covered projects require applicants to submit a Waste Management and Diversion Plan (WMP) as part of the building or demolition permit process prior to project commencement. The WMP must detail C&D waste estimates by material type, proposed diversion methods, facilities receiving diverted materials, and weight calculations. Concurrent permits at the same site are considered one covered project. The ordinance exempts certain project types including those below a Council-established threshold, re-roofing without tear-off, residential pools and spas, projects requiring only plumbing or electrical permits, seismic tie-downs, projects with no structural modifications, emergency demolitions, and projects issued valid permits prior to the ordinance's effective date.

Applicants must pay an administrative fee to compensate the city for WMP review expenses, with the amount established by City Council resolution, and post a security deposit in a Council-determined amount as cash or cash equivalent. The Waste Management Plan Compliance Official (the Director of General Services/City Clerk or designee) reviews and approves WMPs based on compliance with information requirements and demonstration of minimum diversion targets. Applicants may request exemptions from diversion requirements if compliance is infeasible, and the Compliance Official may establish alternative diversion rates. Within 30 days of project phase completion, applicants must submit WMP Summary Reports with supporting documentation including receipts and weight tags from recycling, disposal, or landfill companies, demonstrating actual waste diversion achieved. The security deposit is refundable upon timely submission of compliant documentation meeting diversion requirements, subject to partial refund if minimum diversion is not met but good faith effort is demonstrated. The ordinance took effect 30 days after adoption and includes enforcement provisions allowing forfeiture of security deposits and Stop Work orders for non-compliance.