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SR-510-009 (3) EPWM:CP:SM:GR\EPD\LEEDEXP.DOC Council Meeting: May 17, 2005 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Direct City Attorney to Prepare Ordinance to Expedite Plan Check and Permit Processing for LEED?-Registered Buildings Introduction This report requests that City Council direct the City Attorney to prepare an ordinance that would expedite plan check and permit processing for LEED? (Leadership in Energy and Environmental Design)-registered building projects in Santa Monica. Background In 1996, Council adopted Green Building Guidelines designed to encourage developers and property owners to invest in ?green? or high performance buildings that are designed, built, renovated, operated, or reused in a more sustainable and resource-efficient manner. In December 2000, Council adopted a Green Building Ordinance that requires construction and ?substantial remodels? of commercial and multi-family buildings to achieve energy performance levels beyond the State?s Title 24 standards, and to use construction materials with recycled content. Council also adopted a Construction and Demolition Waste Ordinance requiring projects valued over $50,000 to divert at least 60 percent of construction and demolition waste from 1 landfills. These ordinances and the Guidelines, when combined with existing City requirements related to resource conservation, pollution prevention, and transportation management, constitute the basis for the City?s Green Building Program. The program?s goal is to accelerate the design and construction of energy and resource efficient buildings throughout Santa Monica. During the development of the Green Building Program, the City held focus groups to solicit input from architects, developers, businesses, and residents on how to structure an incentive program that would accelerate the design and construction of high performance buildings in Santa Monica. The stakeholders identified expedited plan check and permitting as their preferred incentive. At the time, the City?s permit, plan check and inspection processes were undergoing redesign to achieve overall timeliness. The City was concerned that expedited permitting for green buildings might create equity issues with other types of desirable development in Santa Monica such as affordable housing. The U.S. Green Building Council?s LEED?-NC (Leadership in Energy and Environmental Design-New Construction) Green Building Rating System was not yet developed, and defining a green building performance level to warrant expedited permitting would be problematic. It was decided that expedited permitting could not be offered immediately. LEED?-NC was introduced in 2000 and has steadily gained acceptance by the building industry as the national standard for evaluating and rating a building?s energy and environmental performance. In recognition of LEED??s growing emergence as the 2 national green building standard, the City Council adopted a policy effective July 1, 2001, that requires all new construction and major renovations of City facilities to meet the Silver level of LEED? wherever feasible. To date, the City?s Public Safety Facility, Main Library, Virginia Park, the Civic Center Parking Structure and Big Blue Bus campus projects have been or are being designed to achieve LEED? Silver certification. Discussion In response to the designation of affordable housing as a Council budget priority in 2000, the City granted affordable housing projects and City projects ?expedited status? in the plan check and permitting process. Projects with expedited status are tagged to be reviewed as soon as a plan check technician is available. Expedited status generally shortens the plan check review process to three weeks. Last year, the City completed a thorough evaluation of its planning and permitting functions to identify obstacles slowing the plan check and permitting process and to implement measures designed to streamline the process. The implemented measures have resulted in improved customer service and faster turnaround for all applicants. It is now possible for the City to provide green building permit applicants with expedited status and respond to Council?s commitment to sustainability without eroding general plan check, permit and inspection services. LEED?-NC addresses the design and construction of multi-family residential, commercial, and industrial buildings. Single-family homes are not included in LEED?- 3 NC, but a LEED? for New Homes rating system is currently being tested and will be evaluated by the City for future inclusion. Every project applying for expedited status must be registered with the U.S. Green Building Council. The USGBC website allows the City to track the project?s progress achieving LEED? certification. The City could thereby ensure that every project that has received expedited permitting has completed the documentation submittal for certification. Staff believes it is unlikely that these expedited projects will fail to receive a LEED? certification following project completion but will monitor the actual experience of these projects over two years following implementation of the Code changes to determine if non-achievement is a serious issue. Across the nation, approximately 4% of all new commercial space is being built to LEED? standards. Because most new construction projects in Santa Monica will not be suitable for LEED? certification, staff expects less than 4% of projects to take advantage of the expedited permitting process. There are currently three LEED? certified buildings in Santa Monica: Colorado Court, NRDC?s Robert Redford Building, and the City?s Public Safety Facility. Colorado Court and the Public Safety Facility were expedited under current policy. If the number of LEED? registered plans that are taken in by the City increases to a level where the overall plan check timeframe is impacted, the policy will be reviewed and revised. Budget/Financial Impact Expediting plan check and permitting for LEED?-registered buildings will have no 4 budget or fiscal impact on the City. Recommendation This report requests that City Council direct the City Attorney to prepare an ordinance to expedite plan check processing and permitting for LEED? (Leadership in Energy and Environmental Design)-registered building projects in Santa Monica. Prepared by: Craig Perkins, Director, Environmental and Public Works Management Joan Akins, Administrative Services Manager Susan Munves, Energy and Green Building Program Administrator Greg Reitz, Green Building Advisor Paul Foley, Senior Planner Tim McCormick, Building Officer Ben Yousefi, Assistant Building Officer 5