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<br />Commissioner Sullivan stated that he would like to see the motion include as a condition of the <br />--- Commission's recommendation for approval that the C&D provision be renegotiated. <br /> <br />Commissioner Harvey commented that he would like to see a modification to the recycling <br />ordinance that at least puts a cap on the amount of overall waste from a project. He noted that <br />this could be some kind of threshold that staff would determine. He advised that he does not see <br />how this could be addressed in the green building ordinance and be compatible with this <br />ordinance. Ms. Maier advised that she feels this is something to which more thought would need <br />to be given, with consideration given as to whether it is appropriate to include as a modification <br />to this ordinance or to include in the green building ordinance. Ms. Seto noted that in the <br />existing draft ordinance there is a provision for exemption allowing for unique circumstances of <br />a particular project where an applicant would not be able to meet the 50% diversion requirement, <br />and it would be possible that if an applicant can prove that through green building practices the <br />actual amount of overall waste that is going to be generated from the project would be reduced, <br />that would be something that the applicant would show as a more unique circumstance for that <br />project and could justify recycling a lesser percentage, but that the reduced amount could still be <br />acceptable. <br /> <br />r- <br /> <br />Commissioner Sullivan moved to support the staff recommendation to: <br />(1) make the finding that the proposed project will not have a significant impact and <br />recommend approval ofthe draft Initial Study/Negative Declaration; and <br />(2) recommend adoption of Case PRZ-08, the "Construction and Demolition Recyclable <br />Material" ordinance, <br />with the condition that the City Council will renegotiate the C&D portion of the franchise <br />agreement to remove the exclusive provision of the C&D requirement to allow a <br />developer/builder to use other recyclers, and to finalize the documentation routines prior to <br />the ordinance going into effect so that the documentation gives the City complete assurance <br />that the materials are being recycled, where it goes to get recycled, and that the facilities <br />are competent, and that the documentation is adequate enough for use in reaching <br />certification with LEED. <br />Commissioner Arkin seconded the motion. <br /> <br />Commissioner Arkin stated that he wants to be sure that they are not overlooking something that <br />could be placed in the ordinance that would encourage PGS to renegotiate. <br /> <br />Ms. Seto advised that staff has looked at this issue very carefully at various times when issues of <br />recycling have come up in the community. She reported that they looked very closely at the <br />language of the franchise in terms ofinterpretation. She noted that staff understands the <br />direction that the Planning Commission has given and that direction will be conveyed to the <br />Council. <br /> <br />r- <br /> <br />PLANNING COMMISSION MINUTES <br /> <br />March 27, 2002 <br /> <br />Page 10 <br />