Council Meeting:  2-28-2012                                                           Santa Monica, California

 

 

 

ORDINANCE NUMBER ____  (CCS)

 

(City Council Series)

  

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 8.106 AND 8.108 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO GREEN BUILDING DESIGN AND CONSTRUCTION AND DEMOLITION WASTE HANDLING REQUIREMENTS

WHEREAS, the City of Santa Monica is committed to maintaining a land use and building permit process that is reasonable and efficient; and

WHEREAS, in recent years there has been both worldwide and local concerns raised about escalating energy costs and the effects of global warming; and

WHEREAS, buildings consume approximately 70% of the electricity in the United States and building construction and demolition practices consume large quantities of valuable resources; and

WHEREAS, the City of Santa Monica has a long standing commitment to leadership in green building standards, sustainable design and construction practices, water and other resource conservation and the reduction of greenhouse gas emissions; and

WHEREAS, precious resources can be saved and harmful environmental emissions can be reduced by the inclusion of sustainable construction and demolition practices and by incorporating green building standards, practices and principles into building and landscape design, maintenance, construction and demolition; and

WHEREAS, the standards and requirements set forth in this ordinance are consistent in principle with the goals, objectives, policies, land uses and programs specified in the City’s adopted General Plan; and

WHEREAS, Health and Safety Code Section 18938 provides that the triennial edition of the California Building Standards Code establishes building standards for all occupancies throughout the State and requires that these standards incorporate the latest editions of the Technical Codes with necessary California amendments; and

WHEREAS, Health and Safety Code Section 18941.5 provides that the City may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological or topographical conditions; and

WHEREAS, Public Resource Code Section 25402.1(h)(2) provides that a local enforcement agency may adopt more restrictive energy standards when they are cost-effective and approved by the Energy Commission; and

WHEREAS, at its October 26, 2010 meeting, the City Council considered the 2010 edition of the California Building Standards Codes, which incorporates by reference the various editions of the Technical Codes, and all of the referenced standards, tables, matrices and appendices of each of these Codes therein; and

WHEREAS, on November 9, 2010, the City Council adopted Ordinance Number 2328 (CCS), which adopted by reference the 2010 edition of the California Building Standards Codes and the Santa Monica local amendments to these Technical Codes; and

WHEREAS, the State Energy Commission approved these recommended changes on February 8, 2012; and

WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain additional modifications and additions to the California Building Standards Code are reasonably necessary based upon local climatic, topographical and geological conditions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1.      Section 8.106.030 of the Santa Monica Municipal Code is hereby amended as follows:

8.106.030 Mandatory and voluntary measures.

     Amend Section 101.10 of the 2010 California Green Building Standards Code to read as follows:

        101.10 Mandatory and Voluntary Measures. This code contains both mandatory and voluntary green building measures. Mandatory and voluntary measures are identified in the appropriate application checklist contained in this code. The mandatory measures of Chapter 4 and voluntary measures of Appendix A4 are applicable to new low-rise residential buildings. The mandatory measures of Chapter 5 and voluntary measures of Appendix A5 are applicable to all new buildings which are not low-rise residential buildings.

Section 2.      Section 8.106.050 of the Santa Monica Municipal Code is hereby amended as follows:

8.106.050 Additional Definitions.

     Amend Section 202 of the 2010 California Green Building Standards Code to include the following:

            Sustainability. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.

            Unshaded.  A roof area is considered unshaded if it is unshaded by fixed objects during the majority of the daylight hours between March 21st and September 21st.

Section 3.      Section 8.106.055 of the Santa Monica Municipal Code is hereby added as follows:

8.106.055 Low-Rise Residential Energy Efficiency

Amend Section 4.201 of the 2010 California Green Building Standards Code to read as follows:

4.201.1 Energy Efficiency

All new buildings shall be designed to use fifteen percent (15%) less energy than the allowed energy budget established by the California Energy Code. 

4.201.3 Solar Pool Heating

a)         For new pool construction, if the pool is to be heated, renewable energy shall be used for such heating provided that: 

1)         the surface area of the solar collectors used to generate such renewable energy is equal to or greater than seventy-percent (70%) of the surface area of the pool; or

2)         renewable energy provides at least sixty-percent (60%) of the total energy necessary for heating purpose.

b)         Electrical resistance heaters that are not powered directly by renewable energy sources shall not be used to heat pool water.

c)         The requirements of this Section shall be waived or reduced, by the minimum extent necessary, in situations where installation of solar water heating is technically infeasible due to lack of unshaded area to install solar collectors, lack of adequate roof space, water pumping energy use exceeding half of the energy derivable from the renewable energy system, or other similar conditions.

4.201.4 Pipe Insulation

When a water heater is installed in any new or existing building, all exposed and accessible domestic hot water distribution and recirculation system piping connected to such water heater shall be thermally insulated from the water heater to the end-use fixtures. Insulation thickness shall meet the requirements of the California Energy Code.

4.201.5 Solar Ready Requirements

All new buildings shall provide solar-ready roof area to facilitate the installation of future solar energy equipment. 

a)         Such solar-ready roof area shall be: 

i)          Either flat, or south-facing with a thirty-three percent (33%) roof slope (four units vertical in twelve units horizontal) or less;

ii)         Unshaded;

iii)        Free from obstructions;

iv)        In contiguous areas of no less than 100 square feet; and

v)         Not otherwise required to be left open and unobstructed in order to ensure adequate fire or life-safety protection, including but not limited to required clearances for firefighting access.

b)         Minimum solar-ready roof space required:

i)          Single Family Dwellings:   250 square feet

ii)         All other buildings:  thirty percent (30%) of the total roof area

c)         Exceptions:

The requirements of this Section shall be waived if:

i)          The building is designed and constructed with a solar energy system that is tied to the electrical grid and is capable of generating electricity;

ii)         The roof of the building is designed and approved to be used for vehicular traffic or parking; or

iii)        Compliance is technically infeasible due to lack of sufficient unshaded area based on surrounding conditions, lack of sufficient roof space or other similar conditions.

Section 4.      Section 8.106.057 of the Santa Monica Municipal Code is hereby added as follows:

8.106.057 Low-Rise Residential Plumbing Fixture Requirements

Add Section 4.303.1.1 to the 2010 California Green Building Standards Code to read as follows:

4.303.1.1 Applicability.  New plumbing fixtures installed in any new or existing building, including additions, alterations, and repairs, shall meet the water use specifications established in Section 4.303.1.

The requirements of Section 4.303.1.1 shall be waived if the applicant can demonstrate that compliance is technically infeasible due to insufficient waste line carry or other similar conditions.

Section 5.      Section 8.106.180 of the Santa Monica Municipal Code is hereby added as follows:

8.106.180 Non-Residential and High-Rise Residential Energy Efficiency

Amend Section 5.201 to the 2010 California Green Building Standards Code to read as follows:

5.201.1 Energy Efficiency

All new buildings shall be designed to use fifteen (15%) less energy than the allowed energy budget established by the California Energy Code. 

5.201.3 Solar Pool Heating

a)         For new pool construction, if the pool is to be heated, renewable energy shall be used for such heating provided that: 

1)         the surface area of the solar collectors used to generate such renewable energy is equal to or greater than seventy-percent (70%) of the surface area of the pool; or

2)         renewable energy provides at least sixty-percent (60%) of the total energy necessary for heating purpose.

b)         Electrical resistance heaters that are not powered directly by renewable energy sources shall not be used to heat pool water.

c)         The requirements of this Section shall be waived or reduced, by the minimum extent necessary, in situations where installation of solar water heating is technically infeasible due to lack of unshaded area to install solar collectors, lack of adequate roof space, water pumping energy use exceeding half of the energy derivable from the renewable energy system, or other similar conditions.

5.201.4 Pipe Insulation

When a water heater is installed in any new or existing building, all exposed and accessible domestic hot water distribution and recirculation system piping connected to such water heater shall be thermally insulated from the water heater to the end-use fixtures. Insulation thickness shall meet the requirements of the California Energy Code.

5.201.5 Solar Ready Requirements

All new buildings shall provide roof area to facilitate the installation of future solar energy equipment. 

a)         Such roof area shall be: 

i)          Either flat, or south-facing with a thirty-three percent (33%) roof slope (four units vertical in 12 units horizontal) or less;

ii)         Unshaded;

iii)        Free from obstructions;

iv)        In contiguous areas of no less than 100 square feet; and

v)         Not otherwise required to be left open and unobstructed in order to ensure adequate fire or life-safety protection, including but not limited to required clearances for firefighting access.

b)         Minimum solar-ready roof space required:

i)          All buildings: thirty percent (30%) of the total roof area

c)         Exceptions:

The requirements of this Section shall be waived if:

i)          The building is designed and constructed with a solar energy system that is tied to the electrical grid and is capable of generating electricity; or

ii)         The roof of the building is designed and approved to be used for vehicular traffic or parking; or

iii)        Compliance is technically infeasible due to lack of sufficient unshaded area based on surrounding conditions, lack of sufficient roof space or other similar conditions.

Section 6.      Section 8.106.190 of the Santa Monica Municipal Code is hereby added as follows:

8.106.190 Non-Residential and High-Rise Residential Plumbing Fixture Requirements

Add Section 5.303.1.1 to the 2010 California Green Building Standards Code to read as follows:

5.303.3 Applicability.  New plumbing fixtures installed in any new or existing building, including additions, alterations, and repairs, shall meet the water use specifications established in Section 5.303.2.

The requirements of Section 5.303.3 shall be waived if the applicant can demonstrate that compliance is technically infeasible due to insufficient waste line carry or other similar conditions.

Section 7.      Section 8.108.110 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.110 Definitions.

For the purposes of Subpart C of this Chapter, the following definitions shall apply:

(a)   “Class III landfill” means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the State of California and be regulated by an Enforcement Agency.

(b)   “Construction and demolition material” (C&D Material) means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting; plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

(c)   “C&D recycling center” means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than ten percent of the average weight of material separated for reuse received by the facility over a one month period.

(d)   “City-sponsored project” means a project constructed by the City or a project receiving fifty percent or more of its financing from the City.

(e)   “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan.

(f)    “Covered project” shall have the meaning set forth in Section 8.108.120.

(g)  “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

 (h)  “Diversion requirement” means the diversion of at least seventy percent of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.108.170, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan Compliance Official in relation to the project.

  (i)   “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the City.

  (j)   “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.

  (k)   “Reuse” means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.

  (l)   “Separated for reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused; or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes source separated materials.

  (m)  “Solid waste” as per Public Resources Code Section 40191 means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse; paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, 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 any of the following wastes:

     (1)   Hazardous waste, as defined in PRC Section 40141;

     (2)  Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);

     (3)   Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).

(n)  “Source separated materials” means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the purpose of recycling; i.e., loads of concrete that are source-separated for delivery to a recycling facility.

     (o)   “Waste hauler” means a company that possesses a valid permit from the City of Santa Monica to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Santa Monica’s name.

     (p) “Waste management plan” (WMP) means a completed waste management plan form, approved by the City for the purpose of compliance with this Chapter, submitted by the applicant for any covered or non-covered project.

     (q)   “Waste management plan compliance official” means the City staff tasked with enforcement of this Subpart.

Section 8.      Section 8.108.120 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.120 Threshold for covered projects.

     (a)   Private Projects. All construction and demolition projects the total costs of which are, or are projected to be, fifty thousand dollars or greater, or are one thousand square feet or greater, and all demolition-only projects shall be considered covered projects..

     (b)   City-Sponsored Projects. All City-sponsored construction, demolition and renovation projects shall be subject to this Chapter, and consequently, shall be considered covered projects.

Section 9.      Section 8.108.130 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.130 Submission of a waste management plan.

     (a)   WMP Forms. Applicants for construction or demolition permits involving a covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The completed WMP shall indicate all of the following:

     (1)   The estimated volume or weight of the project C&D material, by material type, to be generated;

     (2)   The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

     (3)   The vendor or facility where the applicant proposes to use to collect or receive that material;

     (4)   The estimated volume or weight of C&D materials that will be landfilled in Class III landfills and inert disposal facilities; and

    (5)      A commitment that only City permitted waste haulers would be used.

     (b)   Calculating Volume and Weight of Material. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the conversion rates approved by the City for this purpose.

Section 10.    Section 8.108.140 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.140 Performance security.

     The project applicant shall submit a performance security with the WMP. For construction and demolition projects, the amount of the performance security shall be calculated as the lesser of three percent of total project cost or thirty thousand dollars ($30,000). For demolition-only projects, the amount of the performance security shall be calculated at the rate of one dollar per square foot with a one thousand dollar ($1,000) minimum and thirty-thousand dollar ($30,000) maximum performance security required.

Section 11.    Section 8.108.150 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.150 Review of WMP.

     Approval. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP Compliance Official has reviewed and approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:

     (1)   The WMP provides all of the information set forth in Section 8.108.130.

     (2)   The WMP indicates that at least seventy percent of all C&D material generated by the project will be diverted or an exemption has been approved pursuant to Section 8.108.170.

     (3)   The applicant has submitted an appropriate performance security in compliance with Section 8.108.140.

Section 12.    Section 8.108.160 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.160 Compliance with WMP.

     (a)   Documentation. Within thirty days after the completion of any covered project, the applicant shall submit to the WMP Compliance Official documentation that it has met the diversion requirement for the project. Applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

     (1)   Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

     (2)   Weight slips/count of material salvaged or reused in current project;

     (3)   A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled;

     (4)   Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this Chapter.

     (b)   Weighing of Wastes. Applicants shall ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighted by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates approved by the City for this purpose.

     (c)   Determination of Compliance and Release of Performance Security. The WMP Compliance Official shall review the information submitted under subsection (a) of this Section to determine whether the applicant has complied with the diversion requirement as follows:

     (1)   Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full performance security to be released to the applicant.

     (2)   Failure to Comply. If the WMP Compliance Official determines that the diversion requirement has not been met, he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the performance security not released to the applicant shall be forfeited to the City, and shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. If the WMP Compliance Official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, then the entire performance security shall be forfeited to the City. All forfeited performance securities shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center.

Section 13.    Section 8.108.170 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.170 Exemption.

     (a)   Application. If an applicant believes it is infeasible to comply with the diversion requirements of this Chapter due to the circumstances delineated in this Section, the applicant may apply for an exemption at the time that he or she submits the required WMP. Exemptions may be granted based on the following considerations:

     (1)   Lack of storage space onsite;

     (2)   Contamination by hazardous substances;

     (3)   Low recyclability of specific materials.

     The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

     (b)   Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant.

     (c)   Denial of Exemption. Upon a denial by the WMP Compliance official, the applicant shall have thirty days to resubmit a WMP form in full compliance with Section 8.108.130. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.108.130, the WMP Compliance Official shall deny the WMP.

Section 14.    Section 8.108.180 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.180 Appeal.

     The applicant or any interested person may appeal to a Hearing Examiner from any ruling of the WMP Compliance Official made pursuant to this Chapter in accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within ten days of the date that such ruling is made.

Section 15.    Section 8.108.190 of the Santa Monica Municipal Code is hereby amended as follows:

8.108.190 Enforcement.

(a)       The City Attorney may enforce the provisions of this Subpart by means of a civil action.

(b)       Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.

(c)        Nonexclusive Remedies and Penalties. The remedies provided in this Subpart are not exclusive, and nothing in this Subpart shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(d)       It shall not be a defense to the assessment of any penalty or to any other civil or administrative enforcement action provided for under this Section for a person to assert that any violation of this Subpart was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.

(e)       Any penalty collected hereunder shall be deposited in the Refuse Fund to be used as reimbursement for the Public Works Department’s costs and expenses of administration and enforcement of this Chapter.

Section 16.    Section 8.108.020 of the Santa Monica Municipal Code is hereby repealed.

Section 17.    Section 8.108.030 of the Santa Monica Municipal Code is hereby repealed.

Section 18.    Section 8.108.040 of the Santa Monica Municipal Code is hereby repealed.

Section 19.    Section 8.108.050 of the Santa Monica Municipal Code is hereby repealed.

Section 20.    Section 8.108.060 of the Santa Monica Municipal Code is hereby repealed.

Section 21.    Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

Section 22.  If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.  The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 23.  The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.   This Ordinance shall become effective 30 days from its adoption.

 

APPROVED AS TO FORM:

 

 

 

_________________________

MARSHA JONES MOUTRIE

City Attorney