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;
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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
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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;
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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.
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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
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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
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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.
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(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.
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(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
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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;
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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%.
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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.
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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
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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.
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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;
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(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.
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(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
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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.
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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.
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(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
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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
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(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
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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,
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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
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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
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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
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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.
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(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
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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;
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(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.
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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
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(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;
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(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
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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