SR-510-009
CP:SM\EPWM\GREENBLDG.doc
Council Meeting: December 5, 2000 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Adopt a Resolution and Negative Declaration on the
Environmental Impacts of the Green Building Guidelines and
Implementing Ordinances; Approve the Green Building Guidelines; Adopt
a Resolution Specifying Local Conditions which Justify More Stringent
Energy Efficiency Standards; Introduce for First Reading Ordinances
Establishing Green Building Standards and Construction and Demolition
Material Waste Reduction and Recycling Requirements for New
Construction and Substantial Remodels; and Approve Budget Changes
as Indicated in the Report
INTRODUCTION
This report recommends that the City Council adopt a resolution and Negative
Declaration on the environmental impacts of the Green Building Guidelines and
implementing ordinances; approve the Green Building Guidelines; adopt a resolution
specifying local conditions which justify more stringent energy efficiency standards;
introduce for first reading ordinances establishing green building standards and
construction and demolition material waste reduction and recycling requirements for
new construction and substantial remodels; and approve budget changes as indicated
in this report.
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BACKGROUND
On December 14, 1999, City Council approved in concept the Green Building Design
and Construction Guidelines, directed staff to prepare an environmental review of the
Guidelines, and directed the City Attorney to draft changes to the Municipal Code to
implement the proposed standards of the Guidelines. The Guidelines (Attachment 1)
provide designers, developers, and builders with practical information on how to design
and build green buildings as well as how to comply with the City?s current and proposed
new standards related to green building construction. The Guidelines are intended to
assist designers and builders in achieving:
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Healthier, safer and more comfortable buildings,
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Reduced life-cycle costs for buildings,
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Reduced consumption of non-renewable resources, and
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Reduced air, water, and soil pollution from the construction and operation of
buildings.
.
The Guidelines are comprised of both Recommended and Required Practices.
Recommended Practices are voluntary and are intended to offer designers
comprehensive and flexible advice on how to achieve high performance buildings. The
Required Practices include the two proposed ordinances described in this report as
well as existing City standards related to urban runoff mitigation, water efficient
irrigation systems, industrial waste, transportation management, recycling and solid
waste, and hazardous materials management. The proposed Green Building
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Ordinance will apply to all new commercial and multi-family construction and to existing
commercial and multi-family buildings for which repair, alteration or rehabilitation costs
exceed 50 percent of their replacement cost. The proposed Construction and
Demolition Material Ordinance will apply to all construction, demolition, and remodeling
projects that cost more than $50,000 or that are 1,000 square feet or more in size.
Staff estimates that the average total cumulative cost impact on new development from
the proposed green building requirements should not exceed 3% of total project
construction costs. It is estimated that these costs would be paid back over a five (5)
year period in projected energy and other operating cost savings for the building.
DISCUSSION
GREEN BUILDING ORDINANCE
The proposed Green Building Ordinance (Attachment 2) contains standards designed
to increase new building efficiencies in the use of energy and water as well as increase
the use of recycled-content building materials.
Building Energy Performance Requirements
The Green Building Ordinance will require that building permit applicants significantly
reduce non-renewable energy consumption below 1998 State Title 24 energy efficiency
standards. The ordinance sets the following performance standards for the indicated
building types:
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25 percent below 1998 Title 24 standards for hotels and motels, office buildings,
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municipal buildings, and light industrial buildings;
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20 percent below 1998 Title 24 standards for multi-family residential and retail
buildings.
The California Energy Commission has reviewed and approved the City?s proposed
building energy performance standards (see Attachment 7). The City?s proposed
energy performance requirements have been crafted to maintain close compatibility
with the State?s Title 24 regulation to facilitate ease of compliance for designers and
developers. For all new buildings except multi-family residential buildings that are
three stories or less in height, a computer simulation of energy performance will be
required as a part of the submittal process to demonstrate that projected energy
consumption achieves the City?s required performance standard. For multi-family
residential buildings that are three stories or less in height a prescriptive approach may
be followed as an alternative to the computer simulation.
Constructive Technologies Group, an energy consulting firm that participated in the
development of the City?s energy performance standards, has used grant funding from
the Gas Company to develop a software compliance tool that will assist architects,
engineers, and developers in demonstrating their compliance with the proposed
efficiency standards. The compliance tool, available to an owner or developer at no
cost, is intended to be used early in the City?s approval process and will enable them
to: 1) identify the energy efficiency features that are optimum for the building; 2)
quantify the expected energy savings from these features; and 3) print the necessary
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compliance documentation to submit to the City. Building and Safety Division
inspectors will check to ensure that the energy efficiency measures indicated in the
compliance tool calculations were actually incorporated into the building.
Recycled Construction Materials Requirement
The proposed ordinance will require that all new construction projects specify the use
of at least four major construction materials with a post-consumer recycled content that
meets EPA recycled content guidelines. Examples of available building products that
would meet this requirement include insulation materials, aluminum or steel products,
acoustical or roofing tile, carpet, and gypsum board. This requirement should be
relatively easy to meet in light of the current broad availability of recycled materials that
meet EPA standards. City Building and Safety inspectors will ensure that these
materials have actually been included in the new building.
Solar Water Heating, Pipe Insulation and Heat Trap Requirements
Unglazed solar collectors will be required to heat swimming pool water and to preheat
process water used for laundries, car washes, or other commercial applications. Pipe
insulation will be required on all hot water distribution and recirculating systems, and
heat traps will be required on all non-circulating hot water heaters and tanks to reduce
the amount of energy needed to heat water and reduce pipe heat loss. These
installations will be inspected for compliance by Building and Safety Division staff.
CONSTRUCTION AND DEMOLITION MATERIAL ORDINANCE
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In 1999, the City diverted approximately 43 percent of its solid waste from landfills. It is
estimated that approximately 20 percent of solid waste sent to landfills is from
construction and demolition activities. To achieve the State mandated 50 percent
waste diversion goal, the City must divert larger amounts of demolition and construction
waste. The proposed Construction and Demolition Material Ordinance (Attachment 3)
requires that applicants for new construction or demolition permits prepare a Waste
Management Plan specifying how at least 60 percent of the waste material from the
project will be diverted from landfills. Applicants will be required to estimate the
amounts or quantities of construction and demolition debris to be generated from the
project and how this debris will be diverted through reuse or recycling. The plan must
be submitted to the Solid Waste Division for approval before any permit is issued.
Applicants will also be required to submit a summary report at the conclusion of the
project that documents the actual levels of reuse and recycling achieved.
All construction, demolition, and substantial remodel projects that cost more than
$50,000 or that are 1,000 square feet or more in size will need to comply with the
proposed ordinance. In addition, prior to the issuance of a building or demolition permit
all covered projects will be required to submit a Performance Security to the City
(Performance Bond, Surety Bond, Money Order, Letter of Credit or Certificate of
Deposit) which shall be the lesser of three (3) percent of total project cost or $30,000.
All or part of the Performance Security amount shall be forfeited to the City in the event
of non-compliance by a project and be used to recover City costs associated with
sorting and diverting construction and demolition waste at the City?s refuse transfer
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station/recycling center.
LOCAL CONDITIONS RESOLUTION
The attached resolution specifying local conditions (Attachment 6) is required by State
law for any jurisdiction that desires to adopt energy efficiency standards that differ from
State Title 24. The California Energy Commission has already reviewed and approved
the City?s request to adopt the energy efficiency standards in the proposed Green
Building Ordinance.
ENVIRONMENTAL REVIEW OF THE GUIDELINES AND IMPLEMENTING
ORDINANCES
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City
Planning Division prepared an Initial Study to determine if the project would have a
significant effect on the environment. The Initial Study focused its analysis on those
new programs, ordinances and recommended practices that may have the potential to
result in adverse effects on the environment. The Initial Study and the proposed
Negative Declaration were available for public review and comment between
September 14, 2000 and October 17, 2000. No State or local agency or member of the
public submitted comments to the City regarding this matter. Based on the Initial
Study, no potentially significant environmental impacts are anticipated. A Negative
Declaration has been prepared and is recommended for adoption. This Initial Study
and the proposed Negative Declaration are included as Attachment 4.
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IMPLEMENTATION OF GREEN BUILDING PROGRAM
The Building and Safety and Planning Commissions reviewed the proposed ordinances
and their comments have been incorporated. All commercial and multi-family building
permit applicants who submit their applications after the effective date of the
ordinances will be required to comply with the new standards. To ensure that building
permit applicants are adequately informed about the new green building requirements
and available green building resources early in the process, informational materials will
be provided to all prospective building permit applicants at their first contact with
Planning and Community Development Department or Environmental and Public Works
Management Department staff during the plan review and plan check process.
Informational materials will also be mailed to local architects, engineers, and builders,
and informational workshops will be convened for the local design and builder
communities.
The decisions made during the first phase of the building design process can
significantly affect the costs and efficiencies of a building?s operations as well as affect
occupant health and productivity. It is anticipated that builders, mechanical engineers,
and architects may request assistance on achieving compliance with the City?s
standards during the pre-design, design and construction phases for their building. It is
therefore recommended that Council appropriate $50,000 from the General Fund to
professional services accounts in the PCD and EPWM departments to engage the
services of sustainable design consultants on an as-needed basis during the remainder
of the current fiscal year. The need for on-going consultant services will be evaluated
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as part of next fiscal year?s budget preparation process. These consultants would
provide green building technical services and advice to City staff involved in the plan
review and plan check processes, assist in the review of initial building plans, and
generate recommendations for specific projects on achieving compliance with the City?s
green building standards.
BUDGET/FISCAL IMPACT
Approval of the staff recommendations will result in the appropriation of $50,000 from
FY
99/00 General Fund savings to the following accounts in the PCD and EPWM
departments:
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01265.555060 -- $25,000
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01401.555060 -- $25,000
TOTAL $50,000
RECOMMENDATION
This report recommends that the City Council:
1. Adopt a resolution and Negative Declaration on the environmental impacts of the
Green Building Guidelines and implementing ordinances;
2. Approve the Green Building Guidelines;
3. Adopt a resolution specifying local conditions which justify more stringent energy
efficiency standards;
4. Introduce for first reading an ordinance establishing green building standards;
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5. Introduce for first reading an ordinance establishing construction and demolition
material waste reduction and recycling requirements; and
6. Approve the budget changes as indicated in the report.
Prepared by: Craig Perkins, Director of Environmental and Public Works
Management
Suzanne Frick, Director of Planning and Community Development
Barry Rosenbaum, Senior Land Use Attorney
Tim McCormick, Building Officer
Susan Munves, Energy and Green Building Program Coordinator
Attachment 1: Green Building Design and Construction Guidelines
Attachment 2: Green Building Ordinance
Attachment 3: Waste Reduction and Recycling Ordinance
Attachment 4: Initial Study and Negative Declaration
Attachment 5: Resolution Adopting the Negative Declaration
Attachment 6: Resolution Specifying Local Conditions
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ATTACHMENT 1
THIS ITEM IS NOT AVAILABLE
ELECTRONICALLY. ITEM AVAILABLE IN THE
CITY CLERK?S OFFICE.
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Attachment 2
CA:F:\BLDGSAF\ADMIN\Green Buildings\greenbldg-2.doc
City Council Meeting 12-05-2000 Santa Monica, California
ORDINANCE NUMBER ______(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADDING CHAPTER 8.108 TO THE SANTA MONICA MUNICIPAL CODE
WHICH ADOPTS SANTA MONICA AMENDMENTS
TO THE CALIFORNIA BUILDING STANDARDS CODE
RELATING TO GREEN BUILDING STANDARDS
WHEREAS, on June 8, 1999, the City Council adopted Ordinance Number 1945
(CCS), which adopts the California Building Standards Code, Santa Monica
amendments to the California Building Standards Code; and other technical codes; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 provides that
the California Building Standards Code establishes building standards for all
occupancies throughout the State; 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, the City Council has considered the 1998 edition of the California
Building Standards Code, which incorporates by reference the 1996-1997 editions of
the Technical Codes, and all of the referenced standards, tables, matrices and
appendices of each of these codes therein; and
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WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications
and additions to the California Building Standards Code are reasonably necessary
based upon local climatic, topographical and geological conditions; and
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 changes and said study demonstrated the cost effectiveness of these
changes; and
WHEREAS, the State Energy Commission approved the proposed standards on
September 20, 2000;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.108 is hereby added to the Santa Monica Municipal
Code to read as follows:
CHAPTER 8.108 GREEN BUILDING STANDARDS
8.108.010 Purpose.
The green building design and construction standards established in this
chapter are intended to reduce human exposure to noxious materials; conserve non-
renewable energy and scarce materials; minimize the ecological impact of energy and
materials used; use renewable energy and materials that are sustainably harvested;
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and protect 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.
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 50 percent of their
replacement cost as determined by Section 8.84.040 except (a) one-and-two-family
dwellings and their accessory structures and (b) qualified historic buildings as defined
in the State Historic Building Code (Title 24, Part 8).
8.108.030 Compliance Methods.
(a) Except as provided in subsections (b) and (c) of this Section, the envelope,
space-conditioning, lighting and service water-heating systems of all buildings subject
to the provisions of this chapter shall be designed, constructed and installed to use no
more source energy from non-renewable sources than the allowable energy budget
calculated in accordance with the performance approach set forth in Chapter 8.36 and
reduced in accordance with Section 8.108.040.
(b) Multi-family residential buildings that are three stories or less in height may
use the prescriptive approach set forth in Chapter 8.36 for the envelope, space-
conditioning, lighting and service water-heating systems if these buildings also meet
the following requirements:
(1) all windows and glass patio doors are equipped with double-glazed,
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low-emissivity glazing, with center- of-glass U-value not more than 0.32
Btu/(hr.sq.ft. deg. F.), and Solar Heat Gain Coefficient not more than 0.37;
(2) fixed lighting fixtures installed within the dwelling units have a
combined average efficacy of not less than 40 lumens per watt;
(3) water heaters have a minimum energy factor of 0.60; and
(4) space cooling appliances (if installed) have a Seasonal Energy Efficiency
Ratio (SEER) of not less than 12.
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(c) When building designs, materials or devices cannot be adequately
modeled by the performance approach, alternate calculation methods may be
used when approved by the California Energy Commission pursuant to their
administrative regulations for exceptional methods.
8.108.040 Reductions in Allowable Energy Budgets.
Allowable energy budgets shall be the allowable energy budget
determined in accordance with Chapter 8.36 and reduced by the following
factors for the occupancy types shown in Table 8.108-A. Required reduction
factors for occupancies not shown in Table 108-A shall be determined by the
Building Officer for the most similar energy consuming use.
Table 8.108-A
Required Reduction Factors for Allowable Energy Budgets
Multi-family residences 20%
Hotels and motels 25%
Commercial and institutional offices 25%
Light industrial 25%
Retail 20%
When determining compliance with the percentage reduction, alternate
calculation methods that consider energy savings in addition to those
recognized in Chapter 8.36 may be used when approved by the Building Officer.
These savings may include, but are not limited to, efficiency of fan systems with
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motors less than twenty-five horsepower and garage ventilation controls.
8.108.050 Use of Recycled Construction Materials.
All new buildings subject to the provisions of the chapter shall be built
with a minimum of four major construction materials that have a post-consumer
recycled content that meets the Environmental Protection Agency (EPA)
recycled content guidelines as set forth in the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials (CPG) and the
Recovered Materials Advisory Notices (40 CFR Part 247), or any successor
publication. Building and Safety Division shall maintain copies of the most recent
guidelines issued by the EPA. Major construction materials are those materials
that serve a structural, partitioning or finishing function throughout the building
or cover more than one-half of the floor, roof or wall surfaces.
8.108.060 Additional Mandatory Features for All Buildings
.
(a) Solar Water Heating
. Solar collectors shall be the primary source to
heat swimming pool water and to preheat industrial process water, including but
not limited to, car washes and laundries.
(b) Pipe Insulation.
All hot water distribution and recirculating system
piping shall be thermally insulated from the heater to the end-use fixtures. Pipe
insulation shall have R-value equal to R-4 for piping 2 inches or less in diameter
and R-6 for larger piping. The R-value specified shall not be exceeded.
(c) 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. Bent piping for heat traps shall have a minimum
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external diameter of twelve inches.
SECTION 2. Section 8.36.010 of the Santa Monica Municipal Code is
amended to read as follows:
8.36.010. Adoption.
That certain document entitled ?California Energy Code, 1998 Edition,?
which is Part 6 of Title 24 of the California Code of Regulations, as published by
the California Building Standards Commission and the International Conference
of Building Officials is hereby adopted as the Energy Code of Santa Monica,
subject to the provisions of Chapter 8.108 Green Building Standards.
SECTION 3. 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, are hereby repealed or modified to
that extent necessary to effect the provisions of this Ordinance.
SECTION 4. 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 any 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.
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SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause this ordinance, or a
summary thereof to be published once in the official newspaper within 15 days
after its adoption. This Ordinance shall be effective immediately.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
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DR:\admin\staffrpts\12-05-00\greenbldg-3 Attachment 3
City Council Meeting 12-05-00 Santa Monica, California
ORDINANCE NUMBER. ___(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADDING CHAPTER 7.60 TO THE SANTA MONICA
MUNICIPAL CODE REQUIRING A CONSTRUCTION
AND MATERIAL WASTE MANAGEMENT PLAN FOR CONSTRUCTION AND
DEMOLITION PROJECTS
WHEREAS, the State of California through its California Integrated Waste
Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local
jurisdiction in the state divert 50% of discarded materials (base year 1990) from
landfills by December 31, 2000; and
WHEREAS, every city and county in California, including the City, could
face fines up to $10,000 a day for not meeting the above mandated goal; and
WHEREAS, the Source Reduction and Recycling Element (SRRE) for
Santa Monica adopted by the City Council in 1990 proposed the promotion of a
Construction and Demolition (C&D) Material education program and, if
necessary, a reuse and/or recycling program in order to meet the state
mandated waste reduction goal; and
WHEREAS, as of last year the City diverted 43% of discarded materials
from landfills; and
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WHEREAS, approximately 20% of the City?s solid waste sent to landfills is
from construction and demolition activities and the diversion of these materials
would have a significant potential for waste reduction and recycling; and
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WHEREAS, reusing and recycling C&D Material is essential to further the
City?s efforts to reduce waste and comply with AB 939; and WHEREAS, C&D
Material waste reduction and recycling have been proven to reduce the amount of
such material which is landfilled, increase worker safety, and be cost effective; and
WHEREAS, except in unusual circumstances, it is feasible to divert an
average of at least 60% of all C&D Material from construction, demolition and
renovation projects; and
WHEREAS, to ensure compliance with this Chapter and to ensure that those
contractors that comply with this Chapter are not placed at a competitive
disadvantage, it is necessary to impose a Performance Security requirement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.60 is hereby added to the Santa Monica Municipal
Code to read as follows:
CHAPTER 7.60
CONSTRUCTION AND DEMOLITION MATERIAL
MATERIAL WASTE MANAGEMENT PLAN
SECTION 7.60.010 DEFINITIONS
For the purposes of this Chapter, the following definitions
shall apply:
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(a)?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? A landfill means a 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.
(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
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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 10% 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 50% 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
pursuant to this Article 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 7.60.020.
(i)?Deconstruction? means the careful dismantling of
buildings and structures in order to salvage as much material as
possible.
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(j)?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 30 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(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.
(l)?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 (60) 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
7.60.070, 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.
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(n)?Enforcement Agency (EA)? means an enforcement
agency as defined in Public Resources Code 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 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
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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, certificate of deposit, or
restricted bank account, provided to the City pursuant to Section
7.60.040.
(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 50 percent of the total weight of which consists
of secondary and Post-Consumer Material with not less than 10
percent of its total weight consisting of Post-Consumer Material.?
This definition applies to paper products, plastic products,
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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 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.
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(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 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 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
ix
and industrial appliances, dewatered, treated, or chemically fixed
sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semisolid wastes, and other discarded solid
and semisolid wastes. ?Solid Waste? does not include any of the
following wastes:
(1)Hazardous waste, as defined in PRC Section 40141.
(2)Radioactive waste regulated pursuant to the Radiation
Control Law [Chapter 8 (commencing with Section 114960) of
Part 9 of Division 104 of the Health and Safety Code].
(3)Medical waste regulated pursuant to the Medical
Waste Management Act [Part 14 (commencing with Section
117600) of Division 104 of the Health and Safety Code].
(ff)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.
(gg)?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.
(hh)?Waste Hauler? means a company that possess a
valid permit from the City of Santa Monica to collect and
transport solid wastes from individuals or businesses for the
x
purpose of recycling or disposal under the City of Santa
Monica?s name.
(ii)?Waste Management Plan? (WMP) means a
completed Waste Management Plan form, approved by the City
for the purpose of compliance with this Article, submitted by the
Applicant for any Covered or Non-covered Project.
(jj)?Waste Management Plan Compliance Official? means
the Director of Environmental and Public Works Management or
his or her designee.
SECTION 7.60.020 THRESHOLD FOR COVERED
PROJECTS
(a)Private Projects All construction and demolition projects the
total costs of which are, or are projected to be, $50,000 or greater, or
are 1,000 square feet or greater (?Covered Projects?) shall be required
to divert at least sixty (60) percent of all project-related construction
and demolition material in compliance with this Chapter.
(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
xi
Project.
SECTION 7.60.030 SUBMISSION OF A WASTE
MANAGEMENT PLAN
(a)WMP Forms: Applicants for construction or demolition
permits involving a Covered Project shall complete and submit a
Waste Management Plan (WMP), on a WMP form approved by
the City for this purpose, as part of the application packet for the
construction or demolition permit. The completed WMP shall
indicate all of the following:
(1)The estimated volume or weight of the Project C&D
material, by material type, to be generated;
(2)The maximum volume or weight of such materials that
can feasibly be diverted via reuse or recycling. No more than
twenty (20) percent of the sixty (60) percent diversion rate can be
achieved through the recycling or reuse of inert materials unless
applicant can demonstrate to the satisfaction of the WMP
Compliance Official that sufficient structural materials do not exist
for recycling or that forty (40) percent diversion of total waste
through non-inert materials is not feasible.
(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 (?Class III Landfill?) and inert
xii
disposal facilities (?Inert Disposal Facility/Inert Waste Landfill?).
(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 (60)
percent diversion requirement provided it is accounted for in the
WMP.
SECTION 7.60.040 PERFORMANCE SECURITY
The project applicant shall submit a performance security
with the WMP. The amount of the performance security shall be
calculated as the lesser of three (3) percent of total Project cost
or $30,000. The WMP Compliance Official may waive the
Performance Security if the total security required pursuant to this
Section would be fifty (50) dollars or less.
SECTION 7.60.050 REVIEW OF WMP
xiii
(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 first determines that all of the
following conditions have been met:
(1)The WMP provides all of the information set forth in
Section 7.60.030.
(2)The WMP indicates that at least sixty (60) percent of
all C&D material generated by the Project will be diverted or an
exemption has been approved pursuant to Section 7.60.070.
(3)The Applicant has submitted an appropriate
Performance Security in compliance with Section 7.60.40.
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:
xiv
(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.
(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.
SECTION 7.60.060 COMPLIANCE WITH WMP
(a)Documentation: Within 30 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
xv
current Project.
(3)A copy of the previously approved WMP for the
Project adding the actual volume or weight of each material
diverted and landfilled.
(4)Any additional information the Applicant believes is
relevant to determining its efforts to comply in good faith with this
Chapter.
(b)Weighing of Wastes: Applicants shall 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, a volumetric measurement shall be used. For
conversion of volumetric measurements by weight, the Applicant
shall use the standardized Conversion Rates approved by the
City for this purpose.
(c)Determination of Compliance and Release of
Performance Security: The WMP Compliance Official shall review
the information submitted under subsection (a) of this Section to
determine whether the Applicant has complied with the Diversion
xvi
Requirement as follows:
(1)Full Compliance: If the WMP Compliance Official
determines that the Applicant has fully complied with the
Diversion Requirement applicable to the Project, he or she shall
cause the full Performance Security to be released to the
Applicant.
(2)Failure to Comply: If the WMP Compliance Official
determines that the Diversion Requirement has not been met, he
or she shall return only that portion of the performance security
equivalent to the portion of C&D material actually diverted
compared to the portion that should have been diverted
according to the WMP. Any portion of the Performance Security
not released to the Applicant shall be forfeited to the City, and
shall be used to recover costs associated with sorting mixed C&D
loads at the City recycling center. If the WMP Compliance
Official determines that the Applicant has fully failed to comply
with the Diversion Requirement or if the Applicant fails to submit
the documentation required by subsection (a) of this Section
within the required time period, then the entire Performance
Security shall be forfeited to the City. All forfeited Performance
Securities shall be used to recover costs associated with sorting
mixed C&D loads at the City recycling center.
xvii
SECTION 7.60.070 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 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 Division Requirement. 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
xviii
Management Staff, the Compliance Official shall determine
whether it is possible for the Applicant to meet the Division
Requirement.
(c)Granting of Exemption: If the WMP Compliance
Official determines that it is infeasible for the Applicant to meet
the Diversion Requirement due to unique circumstances, he or
she shall determine the maximum feasible diversion rate for each
material and shall indicate this rate on the WMP submitted by the
Applicant. The WMP Compliance Official shall return a copy of
the WMP to the Applicant marked ?Approved Exemption? 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 30 days to resubmit a WMP
form in full compliance with Section 7.60.080. If the Applicant
fails to resubmit the WMP, or if the resubmitted WMP does not
comply with Section 7.60.080, the WMP Compliance Official shall
deny the WMP.
xix
SECTION 7.60.080 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 (10) 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.
SECTION 7.60.090 ENFORCEMENT
(a)The Director of the Department of Environmental and
Public Works Management, or his or her designee, is authorized
to enforce Sections 7.60.030-7.60.060 as follows:
(1)For the first failure to comply with the provisions of
Sections 7.60.030-7.60.060, 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
xx
person must correct the failure of 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 7.60.030-7.60.060 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 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.
xxi
(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 7.60.030-7.60.060 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.
(b)Any violation of this Chapter shall constitute an
infraction punishable by a fine of five hundred dollars. Each day
that a violation occurs shall constitute a separate offense.
(c)A violation of any provision of this Chapter is declared
to be a public nuisance and may be abated pursuant to Santa
Monica Municipal Code Chapter 8.96 or by means of a civil
action.
(d)The City may enforce the provisions of this Chapter by
means of a civil action. The burden of proof in such cases shall
be preponderance of the evidence.
(e)Any person who commits an act, proposes to commit
xxii
an act, or engages in any pattern and practice which violates this
Chapter may be enjoined by any court of competent jurisdiction.
(d)The penalties and remedies established by this
Chapter are not exclusive, and nothing in this Chapter shall
preclude any person from seeking any other remedies, penalties,
or procedures provided by law.
SECTION 2 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, are hereby repealed or modified to that
extent necessary to affect the provisions of this Ordinance.
SECTION 3 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 4 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
xxiii
once in the official newspaper within 15 days after its adoption. This ordinance shall
become effective after 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
xxiv
Screencheck Draft
Initial Study
SMMC Amendments
Relating To Green Building
Design & Construction Guidelines
City of Santa Monica
September 2000
xxv
Contents
Introduction.....................................................................................................................ii
1. Project Description...............................................................................................1
2. Environmental Impact..........................................................................................3
3. Initial Study and Neighborhood Statement............................................................9
List of Tables
1. Summary of New Programs and Recommended Practices and Their Potential
Environmental Impacts.........................................................................................4
ii
CITY OF SANTA MONICA DRAFT INITIAL STUDY
GREEN BUILDING DESIGN & CONSTRUCTION GUIDELINES
Introduction
This Initial Study identifies the potential environmental effects that may result from the
adoption and implementation of three proposed ordinances to implement the Green Building
Design & Construction Guidelines (?Guidelines?) by the City of Santa Monica. The
Guidelines provide designers and builders with guidance and tools to attain both high
environmental and economic performance over the life-cycle (design, construction, and
operation) of a building. Included in the Guidelines are two types of recommendations: (1)
regulatory changes that require amendments to the Municipal Code and (2) recommended
practices that can be used by designers and builders.
Under the California Environmental Quality Act, a Lead Agency that proposes to approve or
carry out a project that may have physical impacts on the environment is required to prepare
an Initial Study to determine if the project may have a significant adverse effect on the
environment [California Code of Regulations Section 15063(a)].
1. Project Description
The Project
The proposed project is the adoption and implementation of three ordinances to amend the Santa
Monica Municipal Code relating to Green Building Design & Construction Guidelines. The
Guidelines, conceptually approved by the Santa Monica City Council in December of 1999,
consist of 11 programs and multiple recommended practices for each program. The new
programs and recommended practices are summarized in Table 1 beginning on page 4.
The three ordinances are summarized below, and are referred to as Ordinances A, B, and C, in
this document.
A. Amendments to the California Building Standards Code Relating to Green Building
Standards by adding Green Building Standards to the Santa Monica Municipal Code.
1. The envelope, space-conditioning, lighting, and service water-heating systems shall be
designed, constructed and installed to use no more source energy from nonrenewable
sources than the allowable energy budget. The energy budget shall be determined in
accordance with Chapter 8.36 and be reduced by 20% to 25% through the new
proposed factors for the occupancy types.
2. New buildings subject to the provisions of this chapter shall specify
the use of at least four major construction materials with a post-consumer recycled
content that meets the Environmental Protection Agency (EPA) recycled content
guidelines as set forth in the Comprehensive Guideline for Procurement of
Products Containing Recovered Materials (CPG) and the Recovered Materials
Advisory Notices (40 CFR Part 247). Major construction materials are those
materials that serve a structural, partitioning or finishing function throughout the
iii
CITY OF SANTA MONICA DRAFT INITIAL STUDY
GREEN BUILDING DESIGN & CONSTRUCTION GUIDELINES
building or cover more than one-half of the floor, roof or wall surfaces.
3. Additional Mandatory Features for All Buildings
1. Solar collectors shall be the primary source to heat swimming pool water and to
preheat process water used for laundries, car washes, or other commercial
applications.
2. All hot water distribution and recirculating system piping shall be
thermally insulated from the heater to the end-use fixtures.
3. 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.
B. An Ordinance Amending the SMMC by Adding a Requirement to Submit and Comply
With a Waste Management Plan for Certain Construction, Demolition and Renovation
Projects.
In order to comply with California Integrated Waste Management Act of 1989, which
requires that each local jurisdiction in the state divert 50% of discarded materials from
landfills by December 31, 2000, the proposed Waste Management Plan requires that a
project applicant divert at least 60 % of the total Construction and Demolition (C&D)
material generated by the project via reuse or recycling.
C. An Ordinance Amending SMMC to Eliminate Screening Requirements for Solar
Photovoltaic Systems and to Allow the Use of Permeable Paving for Parking Lots.
The proposed Guidelines provide designers and builders with a variety of methods and tools to
carry out ?green? development to meet the standards and requirements established in the
proposed ordinances. ?Green? development places a high value on health and environmental and
resource conservation performance over the life-cycle of a building. Green buildings are high-
quality buildings that last longer, cost less to operate and maintain, and provide greater occupant
satisfaction than standard development. The design of green buildings often costs little or no
more than conventional design.
Since green design and construction differ from conventional building practices, the Guidelines
will provide designers and builders with methods and tools for implementing this new mode. The
Guidelines will have the greatest effect when implemented during the conceptual and schematic
stages of design; during construction; and in commissioning.
4
The proposed Guidelines aim at a higher environmental and resource performance of buildings
than that stipulated by the state and federal requirements.
Project Objectives
The project objective is to adopt the Green Building Design & Construction Guidelines as well as
three ordinances intended to implement the Guidelines. Implementation of the Guidelines will
reduce the use of non-renewable energy, generation of waste, and the use of impervious parking
surfaces city-wide.
Green design emphasizes a number of new environmental, resource and occupant health
objectives:
1. Reduce human exposure to noxious materials.
2. Conserve non-renewable energy and scarce materials.
3. Minimize life-cycle ecological impact of energy and materials used.
4. Use renewable energy and materials that are sustainably harvested.
5. Protect and restore local air, water, soils, flora and fauna.
6. Support walking, bicycles, mass transit and other alternatives to fossil-fueled vehicles.
Incorporating these objectives into individual development projects will require additional
knowledge and effort than what is needed for conventional designs. In order to be
successful, green design requires commitment by developers, designers, and builders; close
collaboration by multi-disciplinary teams throughout the entire development process;
evaluation of design alternatives on the basis of reduced life-cycle cost as well as capital
cost; and use of computer simulations to assess energy conservation measures early and
throughout the design process.
Public Actions and Approvals Required
The following public actions and approvals by the Santa Monica City Council will be required for
the proposed project:
?Adoption of the Green Building Design & Construction Guidelines and the three ordinances
to implement the Guidelines.
2. Environmental Impact
Adoption of the Guidelines and implementation of the proposed ordinances is anticipated to result
in the design and development of new buildings that incorporate green development objectives
5
and techniques. The Guidelines include required practices established through existing
ordinances, plus new recommended programs and practices. This Initial Study focuses analysis
on those new programs and recommended practices that have the potential to result in adverse
effects on the physical environment. No analysis is conducted on the beneficial impacts that will
result from implementation of the Guidelines and adoption of the ordinances.
The new programs and recommended practices are summarized in Table 1, and the potential of
each program and practice to result in an environmental impact is identified. Where a program or
practice is identified to have no potential to result in an adverse direct or indirect impact on the
physical environment, the program or practice is identified as having no impact, and no further
environmental analysis is conducted for that specific program or practice. The environmental
impact checklist on the following pages discusses the potential environmental effects of
implementing the ordinances and those individual programs and practices identified to have the
potential for environmental impact, as well as the cumulative effects of implementing the new
programs and practices.
Table 1
Summary of New Programs and Recommended Practices
and Their Potential Environmental Impacts
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
Siting & Form
SF1: Use Narrow Floor Plates for Access to Daylight, Yes Increased penetration
Views, & Natural Cooling of noise and
emissions from street
traffic into building?s
interior
SF2: Locate & Orient the Building to Control Solar No
Cooling Loads
SF3: Locate & Orient the Building for Passive Solar Yes Shading of adjacent
Heat in Winter
SF4: Shape & Orient the Building for Exposure to No
Prevailing Winds
SF5: Shape the Building to Induce Buoyancy Airflow Yes Fire and smoke
Into & Out of Interior Spaces hazard
SF6: Shape the Building for Solar Energy Collection No
Landscape
6
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
LA1: Locate Landscaping and Landscape Structures to No
Shade Buildings
LA2: Use Landscape Design to Modify Wind Patterns No
& Enhance Building Ventilation
LA3: Apply Environmental Landscape Design No
Principles
LA4: Incorporate Areas for Urban Agriculture & No
Rooftop/Balcony Gardens
LA5: Provide Shelter & Habitat for Urban Wildlife Yes Pest control
Through Landscape Design
LA6: Provide On-Site Composting Facilities (other than No
open piles)
LA7: Use Recycled Landscape Products & Materials No
Transportation
TR1: Match the Area & Type of Paved Surfaces to No
Their Use
TR2: Create a Safe & Comfortable Environment for No
Pedestrians
TR3: Provide Changing Rooms, Lockers, & Showers Yes Increased water use
for Cyclists & Joggers
TR4: Place Automobile Parking Fully or Partially Yes Dust and emissions
Underground from excavation;
increased use of
electricity for
ventilation and
lighting
TR5: Share Parking Between Occupancies in Mixed-No
Use Projects
TR6: Provide Convenient Parking & Charging Facilities Yes Increased electricity
for Electric Vehicles use; Hydrogen gas
hazard if not properly
ventilated
Envelope & Space Planning
EN1: Design Windows to Maximize Daylighting & No
Views
7
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
EN2: Shade Windows During Cooling Periods No
EN3: Use Roof Monitors for Daylighting Upper Floors No
EN4: Design Windows to Maximize Natural Ventilation No
EN5: Shape & Plan Interiors to Enhance Daylight & No
Natural Air Flow Distribution
EN6: Incorporate Thermal Mass into Building Structure Yes Seismic/geotechnical
safety
EN7: Select Light Colors for Exterior Finishes No
Materials
MA1: Restore & Incorporate Portions or Entire Existing No
Buildings in New Designs
MA2: Specify Reuse of Salvaged Building & Landscape No
Materials
MA3: Design with Panel, Precut & Engineered Yes Seismic/geotechnical
Construction Products to Minimize Waste safety
MA4: Specify Durable Exterior & Interior Finishes No
MA5: Design Interior Building components for Future No
Disassembly, Reuse & Recycling
MA6: Specify Wood From Sustainably Managed No
Sources
MA7: Use Low Emission Finishes & Interior Materials No
to Reduce Indoor & Environmental Pollution
Water Systems
WS1: Specify & Install Water & Energy-Conserving No
Appliances
WS2: Reuse Graywater for Outdoor Landscaping Yes Leaching of
Irrigation pollutants if not
properly used and
maintained
WS3: Collect Rainwater for Outdoor Landscaping Yes Leaching of
Irrigation pollutants if not
properly used and
maintained
8
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
WS4: Select High-Efficiency Domestic Hot Water No
Heaters & Boilers
WS5: Install Heat-Recovery Systems on Wastewater No
Plumbing
WS6: Use Solar Collectors & Heat Storage for Domestic No
Hot Water Heating
Electrical Systems
ES1: Select Electrical Equipment for Reduced Energy No
Demand & Consumption
ES2: Select Lighting Equipment for Reduced Energy No
Demand & Consumption
ES3: Integrate Daylighting & Electrical Lighting in No
Task-Oriented Spaces for Productivity & Comfort
ES4: Integrated Daylighting & Electrical Lighting in No
Gathering Spaces for Comfort & Efficiency
ES5: Maximize Impact in Sales Areas with Efficient No
Lighting Strategies
ES6: Integrate Daylighting & Electric Lighting in High-No
Bay, Manufacturing & Color-Critical Areas
ES7: Incorporate Photovoltaic Electricity Systems into No
the Building Fabric
ES8: Provide for Future Electric Vehicle Charging Yes Hydrogen gas hazard
Stations if not properly
ventilated
HVAC Systems
No
HS1: Eliminate Mechanical System Sources of Indoor Yes Health hazard from
Air Pollution exposed mineral
fibers if return ducts
are eliminated
HS4: Provide for Additional Outdoor Air Supply No
Quantities in Future
HS5: Filter or Treat Ventilation Air Supplies No
HS6: Provide Effective Ventilation Air Distribution No
HS7: Reduce or Eliminate Use of CFCs & HCFCs in No
Cooling Equipment
9
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
HS8: Select High-Efficiency Heating & Cooling No
Equipment to Reduce Energy Consumption & Demand
Control Systems
CS1: Use Digital Electronic Control of Lighting & No
HVAC Systems for Energy & Demand Savings
CS2: Incorporate Daylighting Controls to Achieve No
Savings in Architecturally Daylit Spaces
CS3: Incorporate Occupancy Controls in Zones with No
Intermittent Use
CS4: Use Variable-Speed Motor Controllers for Fans & No
Pumps with Modulating Flows
CS5: Cool Building Mass at Night for Energy & No
Demand Savings
Construction Management
CM1: Crush Waste Concrete & Masonry for Reuse Yes Dust and noise if
crushed on-site
CM2: Use Material-Conserving Construction Practices No
CM3: Select Safe Materials for Use On-Site No
CM4: Use Integrated Pest Management (IPM) to No
Minimize Pesticide Use in Construction
CM5: Use Energy-Efficient Site Lighting & Controls & No
Low-Pollution Construction Equipment
CM6: Isolate Construction in Occupied Buildings to No
Protect Occupants
CM7: Schedule Potential Indoor Air-Polluting No
Operations to Reduce Occupant & Worker Exposure
CM8: Flush with Full Outdoor Air for Seven Days Prior No
to Occupancy to Protect Occupants
CM9: Thoroughly Clean Interiors, Building Cavities & No
HVAC Systems Prior to Furniture Installation and
Occupancy
Commissioning
CO1: Prepare & Follow a Formal Commissioning Plan No
10
Potential for
adverse
impact If yes, what kind of
Program/Recommended Practice exists? potential impact?
CO2: Pretest & Functionally Test All Equipment to be No
Commissioned & Correct Deficiencies
CO3: Provide Operation & Maintenance Training for No
Staff
CO4: Provide a Complete Final Commissioning Report No
to the Owner & Building Management
PROPOSED
NEGATIVE DECLARATION
Project: The proposed project is the approval of the Green Building Design &
Construction Guidelines and adoption of ordinances that would implement
the Green Building Design & Construction Guidelines as approved in
concept by the Santa Monica City Council in December of 1999. The
Guidelines provide designers and builders with practical information on
how to design and build green buildings as well as how to comply with the
11
City?s current and proposed new codes and requirements related to green
building construction. The proposed new ordinances include the
following:
?
Adoption of an energy performance standard for commercial and multi-
family construction that would result in cost-effective energy
performance beyond the minimum required by the State of California
(Title 24)
?
Require that at least four major construction materials with a post-
consumer recycled content be used in the construction of new
buildings.
?
Require solar collectors to be the primary source to heat swimming
pool water and to preheat process water used for laundries, car
washes or other commercial applications.
?
Require hot water distribution and recirculation system piping be
thermally insulated from the heater to the end-use fixtures.
?
Require heat traps on the inlets and outlets of non-circulating hot
water heaters and tanks.
?
Require a Waste Management Plan for construction, demolition and
renovation projects, which would require the diversion of at least 60%
of the total Construction and Demolition (C&D) material generated by
the project via reuse or recycling.
?
Eliminate the current screening requirements for Solar Photovoltaic
Systems and allow the use of permeable paving for parking lots.
Location: Citywide, in the City of Santa Monica, California
Applicant: City of Santa Monica
The Planning and Community Development Department has reviewed the project and
hereby finds that:
1. The proposed activity does constitute a project within the meaning of the
California Environmental Quality Act of 1970, as amended.
2. The proposed activity is not exempt from the provisions of such act by
reason of being a ministerial, categorically exempt or emergency activity.
3. The proposed activity does not appear to have a substantial adverse
12
effect upon the environment.
4. Inasmuch as it can be seen with reasonable certainty that no substantial
adverse effect is involved, no proper purpose would be served by the
preparation of an Environmental Impact Report.
5. A Negative Declaration document is the proper, correct and appropriate
procedure required to assure compliance with the purpose and intent of
the California Environmental Quality Act of 1970, as amended.
The Department, therefore, has determined that the proposed project does not have a
significant effect on the environment and that an Environmental Impact Report is not
required. Following the public review period, the decisionmaking body is required to
consider whether or not a Negative Declaration continues to be appropriate.
Date:
PLANNING MANAGER
CITY PLANNING DIVISION
13
f\atty\muni\laws\barry\greenbldg-5.doc
City Council Meeting 12-5-00 Santa Monica, California
RESOLUTION NO. ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING THE NEGATIVE DECLARATION FOR THE GREEN BUILDING
DESIGN AND CONSTRUCTION GUIDELINES AND SANTA MONICA
MUNICIPAL CODE AMENDMENTS IMPLEMENTING
THESE GUIDELINES
WHEREAS, a Notice of Availability of an Initial Study and proposed Negative
Declaration (IS/ND) for the Green Building Design and Construction Guidelines and
Santa Monica Municipal Code amendments implementing these guidelines (the Project)
was published on September 14, 2000 in compliance with the California Environmental
Quality Act (CEQA) and the City of Santa Monica CEQA Guidelines; and
WHEREAS, on December 5, 2000, the City Council, as Lead City Agency,
reviewed the Initial Study and Proposed Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the Initial Study identified no potentially
significant effects.
SECTION 2. The City Council has reviewed and considered the Initial Study
and Negative Declaration on the Project together with any comments received during
14
the public review process, prior to acting on the project. The Negative Declaration
reflects the City Council?s independent judgment and analysis.
SECTION 3. The City Council finds that, based on the whole record before it
including the Initial Study and comments received, there is no substantial evidence that
the Project will have a significant effect on the environment, and hereby adopts the
Negative Declaration.
SECTION 4. The documents which constitute the record of proceedings for
approving this project, the Initial Study and Negative Declaration are located in the
Department of Planning and Community Development, 1685 Main Street, Room 112,
Santa Monica, California. The custodian of these documents is Art Basmajian,
Contract Planner.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
________________________
MARSHA JONES MOUTRIE
City Attorney
15
F:\atty\muni\laws\barry\greenblgd-6.doc
City Council Meeting 12-05-2000 Santa Monica, California
RESOLUTION NUMBER ______(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHIC
CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5 and
17958.7 and 18941.5
WHEREAS, the State Building Standards Commission approved and published
the 1998 California Building Standards Code in January, 1999; and
WHEREAS, Health and Safety Code Sections 17958.7 and 18941.5 provide that
the City may make changes or modifications to the California Building Standards Code
based upon express findings that such changes or modifications are reasonably
necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council has considered the 1998 California Building
Standards Code, and based upon the findings contained in this Resolution, the City
Council intends to adopt an ordinance containing certain modifications and additions to
the 1998 California Building Standards Code, which are reasonably necessary based
upon local climatic, topographical and geological conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
16
SECTION 1. The City Council hereby finds that additional energy
conservation and recycling of materials requirements are reasonably necessary
due to the following local climatic conditions:
As detailed in the City?s 1996 Master Environmental Assessment (MEA),
Santa Monica's climate is primarily influenced by the Pacific Ocean and is
characterized by infrequent rainfall and winds which come from the west during
the daytime and from the north and northeast during the nighttime, with
intermittent Santa Ana winds occurring from September to March. As a result of
the above, the City enjoys an extremely mild climate. Average daytime
temperatures range from highs of 75 degrees (F) in July, August, and September
to 64 degrees (F) in January and February. Overnight lows vary from an
average of 61 degrees (F) in January and February to 64 degrees (F) in August.
A below freezing temperature has never been recorded in the City. The City?s
annual precipitation averages 12.5 inches. This temperate climate makes the
City uniquely suited for the proper operation of buildings designed for
sustainable development. Additionally, the City has excellent air quality and
significant natural resources including its three-mile beachfront. This beachfront
is several hundred feet wide ? one of the widest stretches of beach in this part
of southern California. In addition, due to local geographic and meteorological
conditions, the City unlike most of the South Coast Air Basin, seldom exceeds
national and state air quality standards. The decreased use of non-renewable
energy sources will help protect local air and water quality for the benefit of local
fauna and flora and human health concerns.
1
Based on these local climatic conditions, the need to protect the local
environment through stricter development standards, and the cost effectiveness
of the more restrictive energy standards, the following additional building
standards are appropriate:
(1) Reduction of annual energy budgets by 20-25% based on
occupancy type.
(2) Use of recycled materials in newly constructed buildings.
(3) Additional mandatory features for solar heating, pipe insulation and
the use of heat traps.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution
and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney
2