Loading...
O2261F:\Atty\MuniLaw\Share\Laws\J L\Green Bldgordinancefinal2nd reading City Council Meeting: April 22, 2008 Santa Monica, California ORDINANCE NUMBER 22si _ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8.108 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO GREEN BUILDING DESIGN, CHAPTER 7.60 RELATED TO CONSTRUCTION AND DEMOLITION WASTE HANDLING REQUIREMENTS, AND SECTIONS 9.04.10.04.100 AND 9.04.10.04.110 RELATED TO LANDSCAPE IRRIGATION AND DESIGN STANDARDS WHEREAS, in recent years there has been both worldwide and local concerns raised about escalating energy costs and the effects of global warming; WHEREAS, buildings consume approximately 70% of the electricity in the United States and building construction and demolition practices consume large quantities of valuable resources; WHEREAS, conservation of water is critically important if the City of Santa Monica is to sustain itself; WHEREAS, inefficient irrigation devices and watering practices, particularly related to maintenance of landscapes, result in the waste of ever scarcer water resources; 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; 1 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 City's environmental requirements will be better understood and accessible to the public by consolidating as many as possible into the same Chapter of the Santa Monica Municipal Code; 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 adopted General Plan. WHEREAS, Public .Resource Code Section 25402.1(h)(2) says that a local enforcement agency may adopt more restrictive energy standards when they are cost- effective and approved by the Energy Commission; and WHEREAS, the. City hired a private consultant to conduct a cost study of the proposed energy standards and said study demonstrated the cost effectiveness of these standards; and WHEREAS, the State Energy Commission has reviewed the proposed energy standards on September 21, 2005, and approved the recommended changes; 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 2 WHEREAS, on July 1, 2007, the State Building Standards Commission approved and published the 2007 edition of the California Building Standards Code, which incorporated the various editions of the Technical Codes by reference with necessary California amendments; and WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout California, including the City of Santa Monica, 180 days after publication by the State Building Standards Commission, which is January 1, 2008, 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, at its November 13, 2007 meeting, the City Council considered the 2007 edition of the California Building Standards Code, 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 27, 2007, the City Council adopted Ordinance Number 2244 (CCS), which adopted by reference certain Technical Codes, the Santa Monica local amendments to these Technical Codes and the California Building Standards Code: 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 lodal climatic, topographical and geological conditions; 3 ~, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 8.108 is hereby amended to read as follows: Chapter 8.108 GREEN BUILDING, LANDSCAPE DESIGN, RESOURCE CONSERVATION AND CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT STANDARDS 8.108.010 Purpose. The green building design and construction, landscape maintenance and irrigation design, and construction and demolition waste management standards established in this Chapter are intended to reduce human exposure to noxious materials; conserve non-renewable energy and scarce materials; to minimize the ecological impact of energy and materials used; to support the use of renewable energy and materials that are sustainably harvested; and to protect, preserve and restore local air, water, flora and fauna. These standards will help protect the health of building occupants; improve employee productivity; use energy, water and materials more efficiently; incorporate recycled-content building materials; and increase the durability, ease of maintenance; and economy of building operations. 4 Subpart A -Green Buildina 8.108.020 Scope. The provisions of this Chapter shall apply to all new buildings, and existing buildings whose repair, alteration or rehabilitation costs exceed fifty percent of their replacement cost as determined by Section 8.84.040. The provisions of this Chapter shall not apply to qualified historic buildings as defined in the State Historical Building Code: 8.108.030 Use of green construction materials. All buildings subject to the provisions of this Chapter shall be built with a minimum of five green construction materials selected from a list that has been approved and issued by the Director of Environmental and Public Works Management. Materials shall be selected for inclusion on the list based on their impacts on durability, energy efficiency, water use efficiency, recycled content, .low emissions, and resource depletion. 8.108.040 Additional mandatory features. All buildings subject to the provisions of this Chapter shall comply with the following standards: {a) Green Building Checklist. A green building checklist shall be completed prior to construction and submitted to the Director of Environmental and Public Works Management. For single-family 5 residential and for multi-family residential under four stories, this checklist shall be either aLEED-Homes checklist, a GreenPoint Rated checklist, or a Santa Monica Residential Green Building checklist. For all other buildings, a LEED checklist shall be submitted. (b) Solar Water Heating. If heated water is to be used, solar collectors shall be used to heat pool, spa, and whirlpool water and to preheat industrial process water, including but not limited to, car washes and laundries. Solar collectors used for pool, spa, or whirlpool heating shall either: • Provide at least 60% of the energy to heat swimming pool, spa and whirlpool water, or • Cover an area equal to or greater than 70% of the surface area of the pool and 100% of the surface area of the spa. Electrical resistance heaters that are not powered directly by renewable energy sources shall not be used to heat pool, spa, or whirlpool water (c) Pipe Insulation. All hot water distribution and recirculation system piping shall be thermally insulated from the heater to the end-use fixtures: Pipe insulation shall have R-value equal to R-6 for piping two inches or less in diameter and R-8 for larger piping. (d) Heat Traps. Heat traps shall be provided on the inlets and outlets of non-circulating hot water heaters and tanks to reduce the buoyancy-induced flow of hot water through the piping. If piping is looped 6 to create a heat trap, the loop shall have a minimum external diameter of twelve inches 8.108.050 Priority plan check processing for LEED certified buildings. (a) New buildings and existing buildings whose repair, alteration, or rehabilitation costs exceed fifty percent. of their replacement cost as determined in Section 8x;4.040 of this code, that are registered with the United States Green Building Council for, and are actively pursuing certification under the Leadership in Energy and Environmental Design Green Building Rating System (LEED), including LEED for Homes (LEED-H), LEED for New Construction (LEED-NC), and LEED for Core ahd Shell (LEED-CS), shall receive priority plan check processing by all City departments. Registering for LEED certification for Commercial Interiors (LEED-CI) or LEED for Existing Buildings (LEED-EB) does not qualify projects for expedited plan check processing pursuant to this Section. (b) All applicants wishing to receive priority plan check processing pursuant to subsection (a) of this Section must submit their LEED checklist to the City indicating all of the credits they intend to pursue. Applicants must also clearly specify the materials, systems and strategies they will use to achieve the credits in the plans submitted to the City for plan check approval. 7 (c) The City Council may establish, by resolution, a fine to be imposed on projects that fail to achieve LEED certification for any project that received priority plan check processing pursuant to this Section. 8.108.060 Santa Monica Energy Code Compliance requirements. (a) In addition to and not withstanding any provisions of the California Energy Code or any other provision of this Code, all buildings subject to this Chapter shall comply with either the performance or the prescriptive approach requirements of this Section. The purpose of these requirements is to reduce the energy demanded and consumed within the City of Santa Monica so as to protect the public health, safety and welfare of the community, including the protection and enhancement of the environment from greenhouse gases and other emissions. (1) If a performance approach is selected, the building must demonstrate to the satisfaction of the Director of Environmental and Public Works Management, that the Time Dependent Value (TDV) energy for the project, is at least 10% less than the TDV energy for the Title-24 standard comparison case set forth in the most recent California Title- 24 Energy Code standards in effect at the time that approval of compliance is sought. 8 (2) If a prescriptive approach is selected or if a building does not demonstrate compliance with the performance approach requirements of this Section, then the prescriptive approach requirements of this Section apply. (b) Prescriptive Requirements (1) Residential buildings with two or fewer dwelling units must meet all of the requirements for either option A, B, or C, described below: (A) Option A: 1. Plumbing systems shall be fitted with a drain water heat recovery system that preheats domestic hot water with heat recovered from drain water. A drain water heat recovery system shall consist of a minimum of 40 feet of/4' cold water supply line coiled around a 30 inch vertical drop in the drain line connected to each shower fixture in the house, or equivalent as approved by the Building Officer. (B) Option B: 1. Domestic water heaters with input capacities less than or equal to 75,000 Btu/h must have a minimum energy factor of: • 0.634 for 40 gallon water heaters • 0.615 for 50 gallon water heaters • 0.596 for 60 gallon water heaters 9 0.568 for 75 gallon water heaters 0.800 for tankless water heaters 2. Domestic water heaters with input capacities exceeding 75,000 Btulh must have a recovery efficiency no less than 84%. 3. All dishwashers, refrigerators, and clothes washers installed by the time of final inspection must have an Energy Star rating (C) Option C: 1. No mechanical cooling shall be installed for the residence. The residence shall be designed to maintain comfort conditions through natural ventilation, and other envelope measures. 2. All dishwashers, refrigerators, and clothes washers installed at the time of final inspection must have an Energy Star rating. (2) Residential buildings with three or more dwelling units and all hotels or motels as defined in Article 9 of this Code, must meet all of the following three requirements and all of the requirements either for option A, B or C set forth below: Domestic water booster pumps greater than 2.5 hp shall be controlled with variable speed drives; 10 All commercial transformers installed for the building must have an Energy Star rating; Fans or garage ventilation that are 2.0 hp or greater shall be controlled with variable speed drives and with carbon monoxide (CO) monitoring devices. (A) Option A: 1. Plumbing systems shall be fitted with a drain water heat recovery system that preheats domestic hot water with heat recovered from drain water. A drain water heat recovery system shall consist of a minimum of 40 feet of 3/" cold water supply line coiled around a 30 inch vertical drop in the drain line connected to each shower fixture in the house, or equivalent as approved by the Building Officer. (B) Option B: 1. All central domestic water heating systems (serving more than three residences per water heater) must have a minimum thermal efficiency of 84%. 11 2. All individual domestic water heating systems (serving 3 or fewer residences per water heater, and with input capacities less than or equal to 75,000 Btu/h) must have a minimum energy factor of: • 0.634 for 40 gallon water heaters • 0.615 for 50 gallon water heaters • 0.596 for 60 gallon water heaters • 0..568 for 75 gallon water heaters • 0.800 for tankless water heaters 3. All individual domestic water heating systems (serving 3 or fewer residences per water heater, and with input capacities greater than 75,000 Btu/h) must have a minimum recovery efficiency of 84%. 4. All dishwashers, refrigerators, and clothes washers installed by the time of final inspection must have an Energy Star rating. (C) Option C: 1. No mechanical cooling shall be installed for the residences. The residences shall be designed to maintain habitable comfort conditions through natural ventilation and other envelope measures. 12 2. All dishwashers, refrigerators and clothes washers installed by the time of final inspection must be rated Energy Star. (3) All non-residential commercial buildings must comply with at least two of the four following measures in the project: (A) All commercial transformers installed for the building must have an Energy. Star rating. (B) Fans for garage ventilation that are 2.0 hp or greater shall be controlled with variable speed drives and carbon monoxide (CO) monitoring devices. (C) Ambient lighting for all office spaces smaller than 250 square feet must be controlled. with occupant sensor lighting controls. (D) In all spaces greater than 250 square feet classified as "daylit" spaces by Title-24, any ambient lighting provided shall be controlled with photo-sensor controls and stepped or continuous dimming. (4) Mixed-use buildings must comply both with the applicable residential and commercial standards. Subpart B Landscape and Water Conservation 13 8.108.070 Purpose. These regulations are intended to provide standards for quality and sustainability of landscaping and irrigation systems related to urban runoff, water use efficiency, and landscape health and diversity in all areas of the city. Nothing in this Chapter shall be interpreted as requiring landscaping or irrigation on any lot or premises or as repealing landscaping requirements that exist in other Sections of this Code. These requirements are consistent with the goals, objectives, and policies of the Sustainable City Plan and the General Plan. 8.108.080 Applicability.. The provisions of this Subpart shall apply to: a) All new buildings, however the requirements of this Subpart shall not apply to new accessory structures, except to those portions of landscaping and irrigation systems added, repaired, altered, or rehabilitated in conjunction with the construction of such structures. b) Existing buildings whose repair, alteration or rehabilitation costs exceed fifty percent of their replacement cost as determined by Section 8.84.040. 14 c) New irrigation systems and modifications to existing irrigation systems must conform to the requirements in this Chapter. If repairs, alterations, or rehabilitations are made to fifty percent or more by area of the existing irrigation system, the entire irrigation system must conform to the requirements in this Chapter. 8.108.090 Definitions For purposes of Subpart B of this Chapter, the following words or phrases shall be defined as follows: (a) Impermeable hardscape -Any form of pavement or other surface which is not designed to permit water to pass through it to the soil below; (b) Irrigation System -Any system for distribution of pressurized water in the landscape, including but not limited to any system in which any portion is installed below grade or affixed to any structure; (c) Landscaping - Modification of the ground surface with live planting materials such as trees, shrubs, turf, groundcover or other horticultural materials; as well as non-living materials such as mulch, synthetic turf, hardscape, or stone; 15 (d) Parkway -The portion of the Public Right-of- Way (PROW) bounded by the sidewalk and the street; (e) Precipitation Rate -The rate at which water. is applied to the landscape by an irrigation system or watering device measured in inches per hour; (f) Sprinkler-Any watering device which distributes water by projecting it into the air; (g) Turfgrass -Any plant listed as turfgrass in WUCOLS; (h) Watering Device -Any device for distribution of pressurized water to landscaping; (i) WUCOLS -Water Use Classification of Landscape Species published by the California Department of Water Resources. 8:108.100 Requirements Prior to issuance of a building permit, landscaping and irrigation plans shall be submitted for review and approval in a manner prescribed by this Code. No Certificate of Occupancy nor final building permit shall be issued until the landscaping and irrigation system has been installed and demonstrated to operate in full compliance with this Code. 16 (a) The design and installation of all projects must conform to the current edition of Guidelines for the Design & Construction of Water-Efficient Irrigation Systems in the City of Santa Monica issued by the Director of Environmental and Public Works Management (EPWM). These Guidelines shall reflect and effectuate the purpose of this Subpart B and shall include, but not be limited to consideration of the following elements: quality assurance, design requirements, and installation requirements. The Guidelines are intended to reduce the amount of potable water used for landscape irrigation in the City and to ensure that the potable water that is used for landscape irrigation is used efficiently and effectively. (b) The maximum area permitted for turfgrass shall be twenty percent of the total landscaped area on the site. The landscaped area shall exclude building footprints and impermeable hardscapes, but shall include the parkway if any. Higher percentages may be permitted when turfgrass is an essential component of the development approved in writing by the Director of EPWM. Plants used in non-turf areas, rated as having high water needs for Region 3 in the current edition of WUCOLS shall be counted as turfgrass for 17 this calculation. Alternative documentation of water use may be presented for plants not listed in WUCOLS. (c) Plants listed in the current Invasive Plant Inventory for the southwest region by the California Invasive Plant Council are not permitted.. (d) No sprinkler irrigation shall be permitted to be located within eighteen inches of any impermeable hardscape unless the hardscape is designed and constructed to drain entirely to landscaping. (e) Irrigation systems must be designed and installed in such a manner that a precipitation rate of 0.75 inches is not exceeded in any portion of the landscape. (f) Fountains, ponds or other decorative water features, excluding swimming pools or spas, shall have a footprint of less than 25 square feet in area. Larger water features shall be prohibited unless they are approved in writing by the Director of EPWM. All allowed water features shall use a water recirculation system. All water sprayed into the air from allowed water features must remain within the water feature and shall not be allowed to spray or run onto surrounding landscape or hardscape areas. (g) All newly planted trees shall be planted in permeable soil. 18 Subpart C Construction and Demolition Material Waste Management Plans 8.108.110 Definitions. For the purposes of Subpart C of this Chapter, the following definitions shall apply: ja) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City. (b) "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 California Integrated Waste Management Board (CIWMB) and is regulated by an Enforcement Agency (EA). (c) "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. 19 (d) "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. (e) "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. (f) "City-sponsored project" means a project constructed by the City or a project receiving fifty percent or more of its financing from the City. (g) "Conversion rate" means the rate set forth in the standardized conversion rate table approved by the City 20 pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan. (h) "Covered project" shall have the meaning set forth in Section 8.108.120. (i) "Deconstruction" means the careful dismantling of buildings and structures in order to salvage as much material as possible. Q) "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building; whether in whole or in part, whether interior or exterior. (k) "Disposal" means the final deposition of construction and demolition or inert material, including but not limited to: (1) Stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than thirty days; or (2) Stockpiling onto land of construction and demolition material that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year; or 21 (3) Stockpiling onto land of inert material that is for a period of time greater than one year; or (4) Disposal of construction and demolition or inert material to a landfill. (I) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. (m) "Diversion requirement" means the diversion of at least sixty-five 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. (n) "Enforcement agency (EA)" means an enforcement agency as defined in Public Resources Code Section 40130. (o) "Inert backfill site" means any location other than an inert landfill or other disposal facility to which inert materials are taken for the purpose of filling an excavation, shoring, or other soils engineering operation. (p) "Inert disposal facility/inert waste landfill" means a disposal facility that accepts only inert waste such 22 as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal. (q) "Inert solids/inert waste" means non-liquid solid resources including, but not limited to, soil and concrete, that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional Water Board pursuant to Division 7 (Section 13000 et seq.) of the California Water Code and does not contain significant quantities of decomposable solid resources. (r) "Mixed material" means loads that include commingled recyclables and non-recyclable materials generated at the project site. (s) "Mixed material recycling facility" means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering re- usable and recyclable materials and disposing the non- recyclable residual materials. (t) "Performance security" means any performance bond, surety bond, money order; letter of credit, 23 certificate of deposit, or restricted bank account, provided to the City pursuant to Section 8.108.140. (u) "Post-consumer material" as defined in Public Contract Code Section 12200(b) means a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. Post-consumer material is generally any product that was bought by the consumer, used, and then recycled into another product. (v) "Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City. (w) "Recycled product" as defined in Public Contract Code Section 12200(a) means all materials, goods, and supplies with no less than fifty percent of the total weight of which consists of secondary and post-consumer material with not less than ten percent of its total weight consisting of post-consumer material. This definition applies to paper products, plastic products, compost and co-compost, glass products, lubricating oils, paints, solvents, retreaded tires, tire-derived products, and steel products. A recycled product also includes products that could have been disposed of as solid waste having completed its life cycle as a consumer 24 item, but otherwise is refurbished for reuse without substantial alteration of its form. (x) "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. (y) "Renovation" means any change, addition or modification in an existing structure. (z) "Reuse" means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded. (aa) "Salvage" means the controlled removal of construction and demolition material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse. (bb) "Sanitary wastes" means materials that require special handling procedures such as liquid wastes including domestic sanitary sewage; (cc) "Secondary material" as defined in Public Contract Code Section 12200(c) means fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity 25 of real economic value, and includes post-consumer material, but does not include excess virgin resources of the manufacturing process. This material did not reach the consumer prior to being recycled. (dd) "Sediment" means soil and other material that has been eroded and transported by storm or well production runoff water. (ee) "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. (ff) "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 26 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). (gg) "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. (hh) "Virgin material" means the portion of the product made from non-recycled material, that is, the material that is neither post-consumer nor secondary material. 27 (ii) "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. Qj) "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 ornon-covered project. (kk) "Waste management plan compliance official" means the Director of Environmental and Public Works Management or his or her designee. 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 ("covered projects") shall be required to divert t least sixty-five percent of all project-related construction and demolition material in compliance with this Chapter. Inert 28 materials shall be excluded from calculating compliance with this requirement. (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. (c) Compliance as a Condition of Approval. Compliance with this Chapter shall be included as a condition of approval on any construction or demolition permit issued for a covered project. 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; 29 (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; and (4) The estimated volume or weight of C&D materials that will be landfilled in Class III landfills and inert disposal facilities. (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. (c) Deconstruction. In preparing the WMP, applicants for demolition permits involving the removal of all or part of an existing structure shall consider deconstruction ("Deconstruction"), to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Deconstruction can be used to meet the sixty-five percent diversion requirement provided it is accounted for in the WMP. (d) Salvage Audit. Each applicant will be provided information concerning a salvage audit and encouraged to 30 have a salvage audit conducted prior to commencing any deconstruction 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. For demolition-only projects, the amount of the performance security shall be calculated at the rate of one dollar ($1.00) per square foot with aone- thousand dollar ($1,000.00) minimum performance security required. 8.108.150 Review of WMP. (a) 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 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. 31 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 sixty-five 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. If the WMP Compliance Official determines that these conditions have been met, he or she shall mark the WMP "Approved," return a copy of the WMP to the applicant, and notify the Building Department and the Solid Waste Management Division that the WMP has been approved. (b) Nonapproval. If the WMP Compliance Official determines that the WMP fails to meet the conditions specified in subsection (a) of this Section, he or she shall either: (1) Return the WMP to the applicant marked "Denied" including a statement of reasons, and so notify the Building Department, to ensure that the construction or demolition permit does not issue; or 32 (2) Return the WMP to the applicant marked "Further Explanation Required." If the applicant determines during the course of the project that the estimated tonnage of material to be generated and/or recovered from the project is substantially different from the WMP, applicant shall submit an addendum to the original WMP. 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; 33 (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 make reasonable efforts to 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, avolumetric 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 34 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 35 associated with sorting mixed C&D loads at the City recycling center. 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) Meeting with WMP Compliance Official. The WMP Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 36 Upon request of the jurisdiction, the WMP Compliance Official may request that staff from the Solid Waste Management Division attend this meeting or may require the applicant to request a separate meeting with Solid Waste Management Division staff. Based on the information supplied by the applicant and, if applicable, Solid Waste Management staff, the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement. (c) Granting bf 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. The WMP Compliance Official shall return a copy of the WMP to the applicant marked "Approved Exemptions and shall notify the Building Department that the WMP has been approved. (d) Denial of Exemption. if the WMP Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall inform the applicant in writing. The applicant shall have thirty days to resubmit a WMP form in full compliance with Section 37 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. 8.108.180 Appeal. (a) 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. The decision of the Hearing Examiner upon such appeal, relative to any matter within the jurisdiction of the WMP Compliance Official, shall be final and shall not be appealable to the City Council or to any other City body or official. 8.108.190 Enforcement. (a) The Director of the Department of Environmental and Public Works Management, or his or her designee, is authorized to enforce Sections 8.108.130 through 8.108.160 as follows: 38 (1) For the first failure to comply with the provisions of Sections 8.108.130 through 8.108.160, the Department of Environmental and Public Works Management shall issue to the affected person a written notice that includes the following information: (i) A statement specifying the violation committed; (ii) A specified time period within which the affected person must correct the failure or file a written notice disputing the notice to comply; (iii) A statement of the penalty for continued noncompliance. (2) For each subsequent failure to comply with any provisions of Sections 8.108.130 through 8.108.160 following written notice pursuant to this Section, the Director of the Department of Environmental and Public Works Management may levy a penalty not to exceed five hundred dollars. Any statement informing a violator of a citation shall include a notice setting forth the hearing rights provided in subsection (a)(3) below. (3) Any person assessed a penalty pursuant to subsection (a)(2) may dispute the penalty by requesting a hearing on a form provided by the City within the time and manner set forth in Section 6.16.030 provided that no 39 hearing request shall be deemed timely filed and no hearing shall be held unless, within the time period to request a hearing, the person deposits with the City Treasurer money in the amount of any unpaid penalty due under this Section. If as a result of the hearing it is determined that the penalty was wrongly assessed, the City shall refund any money deposited to the person. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the. City Council (4) It shall not be a defense to the assessment of any penalty or to any other civil enforcement action provided for under this Section for a person to assert that any violation of Sections 8.108.130 through 8.108.160 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. (5) Any penalty collected hereunder shall be deposited in the Refuse Fund to be used as reimbursement for the Department of Environmental and Public Works Management's costs and expenses of administration and enforcement of this Chapter. 40 SECTION 2. Santa Monica Municipal Code Section 9.04.10.04.100 is amended to read as follows: 9.04.10.04.100 Landscape maintenance and protection. (a) All landscaped areas shall be maintained in accordance with the requirements set forth in Chapter 8.108 of this Code. (b) All landscaped areas shall be permanently maintained and kept free of weeds, debris, and litter. All plant materials shall be maintained in a healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within thirty days. Alternatively, diseased or dead plant materials may be replaced with plant materials that have lower water needs, as rated in the current edition of the Water Use Classification of Landscape Species published by the California Department of Water Resources, or equivalent documentation. SECTION 3. Santa Monica Municipal Code Section 9.04.10.04.110 is amended to read as follows: 41 9.04.10.04.110 Water conservation landscaping. (a) All landscaped areas shall be maintained in accordance with the requirements set forth in Chapter 8.108 of this Code. SECTION 4. Santa Monica Municipal Code Chapter 7.60 is deleted in its entirety SECTION 5. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3). SECTION 6 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 7. 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 8. 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 42 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: <, ~'~ ~?' MARSH A JQV~S MOU IE City rne~ J/ 43 Approved and adopted this 22nd day of April, 2008. Katz, Mayor State of California ) County of Los Angeles) ss City of Santa Monica ) I, Beth Sanchez, Assistant City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2261 (CCS) had its introduction April 8th, 2008, and was adopted at the Santa Monica City Council meeting held on April 22nd, 2008, by the following vote: Ayes: Council members: Noes: Council members: Abstain: Council members: Absent: Council members: Genser, McKeown Mayor Pro Tem Bloom, Mayor Katz None None Holbrook, O'Connor, Shriver A summary of Ordinance No. 2261 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: /Beth Sa chez, Assista City Clerk