SR-510-009 (2)
City Council Meeting 12-19-00 Santa Monica,
California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance 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; and
Ordinance adding Chapter 7.60 Requiring a Construction and
Material Waste Management Plan for Construction and Demolition
Permits
Introduction
At its meeting on December 5, 2000, the City Council introduced for first reading an
ordinance 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, and an ordinance adding Chapter 7.60 requiring
Construction and Material Waste Management Plan for construction and demolition
permits. The ordinances are now presented to the Council for adoption.
Recommendation
City staff recommends that the accompanying ordinances be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
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DR:\admin\staffrpts\12-05-00\greenbldg2-3
City Council Meeting 12-19-00 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
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 associated packaging, roofing
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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.
(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.
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(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.
(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
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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 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
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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, 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,
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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 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.
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(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 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
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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.
(ii)?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 purpose of recycling or
disposal under the City of Santa Monica?s name.
(jj)?Waste Management Plan? (WMP) means a completed
Waste Management Plan form, approved by the City for the purpose of
compliance with this Chapter, submitted by the Applicant for any
Covered or Non-covered Project.
(kk)?Waste Management Plan Compliance Official? means the
Director of Environmental and Public Works Management or his or her
designee.
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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 Project.
SECTION 7.60.030SUBMISSION 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:
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(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 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
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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
(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.
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(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:
(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
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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 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
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be weighted by measurement on scales. Such scales shall be in
compliance with all State and County regulatory requirements for
accuracy and maintenance. For C&D material for which weighing is not
practical due to small size or other considerations, a volumetric
measurement shall be used. For conversion of volumetric
measurements by weight, the Applicant shall use the standardized
Conversion Rates approved by the City for this purpose.
(c)Determination of Compliance and Release of Performance
Security: The WMP Compliance Official shall review the information
submitted under subsection (a) of this Section to determine whether the
Applicant has complied with the Diversion Requirement as follows:
(1)Full Compliance: If the WMP Compliance Official
determines that the Applicant has fully complied with the Diversion
Requirement applicable to the Project, he or she shall cause the full
Performance Security to be released to the Applicant.
(2)Failure to Comply: If the WMP Compliance Official
determines that the Diversion Requirement has not been met, he or she
shall return only that portion of the performance security equivalent to
the portion of C&D material actually diverted compared to the portion
that should have been diverted according to the WMP. Any portion of
the Performance Security not released to the Applicant shall be
forfeited to the City, and shall be used to recover costs associated with
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sorting mixed C&D loads at the City recycling center. If the WMP
Compliance Official determines that the Applicant has fully failed to
comply with the Diversion Requirement or if the Applicant fails to
submit the documentation required by subsection (a) of this Section
within the required time period, then the entire Performance Security
shall be forfeited to the City. All forfeited Performance Securities shall
be used to recover costs associated with sorting mixed C&D loads at
the City recycling center.
SECTION 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.
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(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 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
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Applicant shall have 30 days to resubmit a WMP form in full compliance
with Section 7.60.030. If the Applicant fails to resubmit the WMP, or if
the resubmitted WMP does not comply with Section 7.60.030, the WMP
Compliance Official shall deny the WMP.
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
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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 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
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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 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.
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(e)Any person who commits an act, proposes to commit an act,
or engages in any pattern and practice which violates this Chapter may
be enjoined by any court of competent jurisdiction.
(f)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 once in the official
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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
CA:F:\BLDGSAF\ADMIN\Green Buildings\greenbldg2-2.doc
City Council Meeting 12-19-2000 Santa Monica, California
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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; and protect and
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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:
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(1) all windows and glass patio doors are equipped with double-glazed,
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.
(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.
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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 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
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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 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
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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.
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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