File #: 2023-1412   
Type: Regular Calendar Item Status: Withdrawn
File created: 11/7/2023 In control: Permit and Resource Management
On agenda: 3/12/2024 Final action: 3/12/2024
Title: 9:35 AM: Introduce for Adoption a Construction and Demolition Debris Management Ordinance amending Chapter 7 (Building Regulations) of and Adding a New Chapter 7E (Building Project Materials Management, Deconstruction, Reuse, and Recycling Requirements) to, the County Code. (First Reading[JS1][NQ2])
Department or Agency Name(s): Permit and Resource Management
Attachments: 1. Summary Report.pdf, 2. Attachment 1: Board Resolution, 3. Attachment 2: Proposed Ordinance, 4. Attachment 3: Proposed Ordinance Exhibit A, 5. Attachment 4: Staff PowerPoint

To: Sonoma County Board of Supervisors

Department or Agency Name(s): Permit Sonoma

Staff Name and Phone Number: Brad Cannon, (707) 565-3723

Vote Requirement: Majority

Supervisorial District(s): Countywide

 

Title:

Title

9:35 AM: Introduce for Adoption a Construction and Demolition Debris Management Ordinance amending Chapter 7 (Building Regulations) of and Adding a New Chapter 7E (Building Project Materials Management, Deconstruction, Reuse, and Recycling Requirements) to, the County Code. (First Reading)

End

 

Recommended Action:

Recommended action

A)                     Adopt a Resolution Introducing a Construction and Demolition Debris Management Ordinance to amend Chapter 7 and add a new Chapter 7E to the County Code to promote responsible handling of construction and demolition debris and waiving further reading.

B)                     Direct staff to set a meeting for adoption of the proposed ordinance not less than five days from introduction and publish notice and preadoption summary as required by law.

C)                     Authorize Permit Sonoma to coordinate with Zero Waste Sonoma for the implementation and outreach concerning the ordinance.

end

 

Executive Summary:

The proposed ordinance aims to reduce the environmental impacts of construction and demolition debris, which constitutes a significant portion of waste ending up in landfills. It also supports the state and local goals of reducing waste and increasing diversion from landfills. The ordinance includes debris management plan requirements, detailed definitions of construction and demolition materials, responsibilities of entities involved in construction and demolition, requirements for submitting recycling and diversion reports, and exemptions for certain specific cases. The ordinance is largely based on the model ordinance that was presented to the Zero Waste Sonoma board on June 15, 2023 and approved by their board. Zero Waste Sonoma will play a vital role in community outreach, educating the public and businesses about the ordinance, and offering support in its implementation. The model ordinance was developed by Zero Waste Sonoma staff with input from various stakeholders, including local haulers, processors, builders, environmental groups, and Permit Sonoma.

 

Discussion:

Background

The proposed ordinance addresses the diversion of Common Construction and Demolition (C&D) materials. C&D include lumber, drywall, metals, masonry (brick, concrete, etc.), carpet, plastic, pipe, rocks, dirt, paper, cardboard, or green waste related to land development. Of these, metals are currently the most commonly recycled material while lumber makes up the majority of debris that stills foes to a landfill. The proposed ordinance will align Sonoma County with Zero Waste Sonoma and our sister cities and encourage the diversion of C&D materials.

 

The proposed ordinance was largely modeled after the ordinance proposed by Zero Waste Sonoma. Adopting the proposed ordinance would facilitate reducing environmental impacts, protect public health, and support state and local sustainability and diversion goals, including the state’s methane reduction goals (SB 1383). 

 

Scope of the Ordinance

The ordinance includes:

 

                     Mandatory debris management plans for projects

                     Detailed definitions of construction and demolition materials

                     Responsibilities of entities involved in construction and demolition

                     Requirements for submitting recycling and diversion reports

                     Exception for hazardous conditions within a historic district/historic building

 

Policy Considerations and Enforcement

Adoption of this ordinance aligns with the County’s goal to reduce landfill waste and promote sustainability. It encourages efficient use of resources and supports a circular economy. For enforcement, the ordinance includes penalties for non-compliance.

 

Zero Waste Sonoma Collaboration

Zero Waste Sonoma has played a vital role in community outreach, educating the public and businesses about the ordinance, and offering support in its implementation. Zero Waste Sonoma staff conducted stakeholder outreach with the member jurisdictions which include the Cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol and Sonoma, the County of Sonoma and the Town of Windsor. The outreach included each jurisdiction’s building department staff and legal counsel.

 

Zero Waste Sonoma also conducted outreach to the members of the building community, which included the North Coast Builder’s Exchange, the Marin Builder’s Association, the North Bay National Association of Remodeling Industry, and the Hispanic Chamber of Commerce Marin. These groups were identified as being inclusive of the types of businesses that provide contracting services in Sonoma County. In the case of the Marin organizations, it is known that members of these organizations also provide services in Sonoma County. The experience and tools of

 

Zero Waste Sonoma staff will be invaluable in ensuring the ordinance’s success. Zero Waste Sonoma received $121,400 from Sonoma County’s General Fund to develop the model ordinance. The model ordinance was developed by Zero Waste Sonoma staff with input from various stakeholders, including local haulers, processors, builders, environmental groups, Sonoma Public Infrastructure, and Permit Sonoma. Although Zero Waste’s ordinance provided a model, significant edits were required to make the ordinance work within State laws applicable to counties, as well as within the County’s existing ordinances.

 

Zero Waste Sonoma also received a grant from CalRecycle to purchase a subscription to Green Halo, an online tracking system for construction and demolition debris, which will help Permit Sonoma and other agencies implement and enforce the ordinance. The County will benefit from an initial subscription period of three years paid for by the CalRecycle grant.

 

 

CEQA

Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15307 and 15308 because the amendments are regulatory in nature and are designed to protect natural resources and the environment.

 

Strategic Plan:

This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.

 

Pillar: Climate Action and Resiliency

Goal: Goal 1: Continue to invest in wildfire preparedness and resiliency strategies

Objective: Objective 1: Provide educational resources to the community that promote and facilitate carbon neutral and fire hardening construction for new and existing homes.

 

Racial Equity:

 

Was this item identified as an opportunity to apply the Racial Equity Toolkit?

No

 

Prior Board Actions:

02/02/2022:  The Board of Supervisors allocated $10 million in funding for Strategic Plan Climate Action Priorities. Among funded projects, there was $121,400 to develop a construction, demolition and deconstruction model ordinance through Zero Waste Sonoma to support waste diversion and recycling tracking.

 

Fiscal Summary

 

Narrative Explanation of Fiscal Impacts:

There are no fiscal impacts to the department in the first three years due to the CalRecycle grant for the Green Halo tracking software.  After the three years, the annual subscription fee for Green Halo is expected to be$7,000 to $8,000 for Sonoma County.

 

Narrative Explanation of Staffing Impacts (If Required):

Not Applicable

 

Attachments:

Attachment 1:  Board Resolution

Attachment 2:  Proposed Ordinance

Attachment 3:  Proposed Ordinance Exhibit A

Attachment 4:  Staff PowerPoint

 

Related Items “On File” with the Clerk of the Board:

Not Applicable