HomeMy WebLinkAboutOrdinance #4246 ORDINANCE NO. 4246
AN ORDINANCE BY THE CITY COUNCIL OF THE IE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 17.52 TO THE HUNTINGTON BEACH MUNICIPAL CODE GREEN
BUILDING STANDARDS CODE
WHEREAS, State recycling law, Assembly Bill 939 of' 1989, the California Integrated
Waste \ganagement Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce. reuse, and recycle (including composting) Solid Waste generated in their
jurisdictions to the maximum extent feasible before any incineration or landfill disposal of
waste, to conserve water, energy, and other natural resources, and to protect the environment;
and
WHEREAS. State recycling law, Assembly Bill 341 of 2011 places requirements on
businesses and Iv4ulti-Family property owners that generate a specified threshold amount of
Solid Waste to arrange for recycling services and requires the City to implement a mandatory
commercial recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 requires
businesses and Multi-Family property owners that generate a specified threshold amount of
Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that
waste, requires the City to implement a recycling program to divert Organic Waste from
businesses subject to the law, and requires the City to implement a mandatory commercial
organics recycling program; and
WHEREAS, SB 1383. the Short-lived Climate Pollutant Reduction Act of2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The
regulations place requirements on multiple entities, including the City, residential households,
Commercial Businesses and business owners, Commercial Edible Food Generators, haulers,
self-haulers, Food Recovery Organizations,and Food Recovery Services to support achievement
of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.
This ordinance will also help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food, that would otherwise
be disposed, be recovered for human consumption; and
WHEREAS, this Ordinance implements the requirements of AB 341. AB 1826, and the
SB 1383 Regulations.
The City Council of the City of Huntington Beach does hereby ordain as follows:
1
21-10408/271973
ORDINANCE NO. 4246
SECTION 1. Chapter 17.52.020 is hereby added to read as follows:
Chapter 17.52.020 Compliance with CALGreen Recycling Requirements
(A) For projects covered by CALGreen, the applicants must, as a condition of
the City's permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are
constructed on a building site, provide readily accessible areas that serve
occupants of all buildings on the site and are identified for the storage and
collection of Blue Container and Green Container materials, consistent
with the three- container collection program offered by the City, or
comply with provision of adequate space for recycling for Multi-Family
and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code, 24 CCR,
Part 11 as amended provided that the amended requirements are more
stringent than the CALGreen requirements for adequate recycling space
effective January I. 2020.
(2) New Commercial construction or additions resulting in more than
30% of the floor area shall provide readily accessible areas identified for
the storage and collection of Blue Container and Green Container
materials. consistent with the three-container collection program offered
by the City, or shall comply with provision of adequate space for recycling
for Multi-Family and Commercial premises pursuant to Sections 4.468.1.
4.410.2, 5.408.1. and 5.410.1 of the California Green Building Standards
Code, 24 CCR. Part 1 I as amended provided amended requirements are
more stringent than the CAL.Grecn requirements for adequate recycling
space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related
to management of construction and demolition debris (CRD), including
diversion of Organic Waste in CRD from disposal. Comply with City's
municipal code, and all written and published City policies and/or
administrative guidelines regarding the collection, recycling, diversion,
tracking, and/or reporting of C&,D.
(B) Persons applying for a permit from the City for new construction and
building additions and alternations shall comply with all required components of CALGreen, as
amended, if its project is covered by the scope of CALGreen, as amended, July 1, 2019 and
effective January 1. 2020, including:
(1) Section 4.410.2 Recycling by Occupants Residential and Section
5.410.1 Recycling by Occupants Non-residential.
2
ORDINANCE NO. 4246
(2) I-or organic waste conmingled with construction and demolition
debris, Section 4.408.1 Construction Waste Management Residential and
Section 5.408.1 Construction Waste Management non-residential.
(3) If'. after the adoption of this Chapter. Sections 4.408.1. 4.410.2.
5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires
the City to incorporate the requirements in an updated local ordinance, and
the amended requirements are more stringent than those required in this
Section, the revised requirements of CALGreen Sections 4.408.1, 4.410.2:
5.408.1, and 5.410.1 shall be enforced.
SECTION 2. CEQA. SI3 1383 Regulations were the subject of a program environmental
impact report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA). The
proposed amendments to Chapter 8.21 ol'the FIBNIC are consistent with the S13 1383 Regulations
and the Program EIR. No mitigation measures identified in the Program EIR are applicable to the
City's enactment of the proposed ordinance amendments. Moreover, none of the conditions
requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21 166
and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have
occurred. Additionally, the proposed ordinance is exempt from CEQA pursuant to Section 15308,
Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the
environment and as an action taken by a regulatory agency for the protection of the environment,
specifically, for the protection of the climate. No unusual circumstances exist that would cause the
proposed ordinance to have a significant effect on the environment.
SECTION 3. Savings Clause. Neither the adoption of this Ordinance nor the repeal or
amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in
effect in the City, or within the territory comprising the City, shall constitute a waiver of any
license, fee or penalty or the penal provisions applicable to any violation of such ordinance.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not aflect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
3
ORDINANCE NO. 4246
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1�day of 47AAA �Y . 20
Mayor
ATTEST: APPROVED AS TO ORM:
City Clerk t 7,&mey
LW
REVIE D A APPROVED: INITIATED AND APPRO
�A 6i�LA -
City Manager Director of Public orks
4
Ord. No. 4246
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach. and ex-offtcio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven: that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on December 21, 2021, and was again read to said City
Council at a Regular meeting thereof held on January 18, 2022, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson. Bolton. Posey, Delgleize, Carr, Moser. Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau.CITY CLERK of the City of
Huntington Beach and esoQicio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on January 27, 1 ✓�/`��7A In accordance with thee City
City Charter of said City. r r
Robin Estanislau, Citv Clerk Citv Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach. California