SR-10-C
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Santa Mon~ca, California, Apr~l 14, 1:)81 .il-/f-f/
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TO: Mayor and City Counc1l
I'ROH: Energy Task Force
SUBJ~CT: Recommendations of the Energy Task Force
Introduction
Th1s memo transmits the recommendations of the Energy Task Force
including adopt1on of an ord1nance add1ng an Energy Code to the
Santa Mon1ca Mun1c1pal Code.
Background
The Energy Task Force was directed by the City Council to exam1ne
areas relating to Santa Mon1ca1s bU1lding and zon1ng codes where
opportun~t1es eX1st for solar energy and conservation programs
in the built enV1ronment and to recommend ord1nances and programs
which the C1ty might adopt.
""h -. Energy Task Force 1S composed of representat! ves of the
following boards and commiss1ons: B1II Allen, Rent Control Board;
Do~a Ashford, Housing Comm1ssion; Susan Cloke, Planning Commission;
Laurel ~oennau, Architectural Review Board; and Councilperson
Cheryl Rhoden who has served as Chalrperson.
The Energy Task Force has held thlrteen meetings wh1ch have been
attended by local experts worklng in the field of energy, as well
as interested members of the public who have shared the1r
exper1ence and given valuable input in the Task Force's consld-
eratlons. Th1S is reflected in the recommendations which the
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Mayor and C~ty Council
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April 14, 1981
Energy Task Force is forwardlng at this time.
In making these recommendatlons, the Task Force has drawn on
the experience of other communitles throughout Ca11fornia which
have adopted local initiatlves in response to the growing concern
with energy problems. The Governor's Office of Approprlate
Technology survey of local jurisdlctions of August 1980 revealed
that 214 cities and counties throughout the State have proposed
or implemented some form of energy program. Working with a
representatlve of the Solarcal Local Government Commission on
Conservation and Renewable Resources, the Energy Task Force
reviewed the programs of other Jur2sdlctions with similar laws
in developing the pr~posed ordlnance, reflectlng Santa Monica's
special needs and circumstances.
The recommendations of the Energy Task Force included in the
proposed &!ergy Code relate to sever~l areas of energy
conservat~on: the retrofitting of ~nergy conservation meaSLres in
ex~sting bui1dlngs: solar water heaters in new build~ngsi passive
design in new construction; heating of swimming pools and spas;
clotheslines; and protectlon of solar access.
The Energy Conservat~on Law would require that all buildings
not bU1lt 1n accordance wlth T~tle 24 energy conserving building
standards effective July 1, 1978 be retrofit with specif~ed energy
conservation measures at the time of sale, major alterations or
add~t~ons, or by December 31, 1985, whichever is sooner. The energy
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Mayor and City Counc~l
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Aprll 14, 1981
conservation measures requ~red are: ceiling ~nsu1ation in single
farnlly homes; weatherstrlpplng of doors and windows; insulation
of water heaters; insulation of recirculating hot water piping
and heating and coo11ng ducts; repair of broken windows and
caulklng of openings ln the building envelope; low-flow shower-
heads; eqUlpplng of existlng swimming pools using fossil fuel
heaters with a solar energy system and discontinuance of the use
of fOSSll fuel swimmlng pool heaters after 1985,and lnsulated
covers for heated sWlrnming pools and spas. Lightlng and alr
conditioning of co~mercial establlshments would be limited to
the operatlng hours of the buslness, except for security
llghtlng and special circumstances.
The State bUlldlng regulatlons requlre energy conservatlon measures
in new construction. Buildlngs WhlCh were constructed after
lmplementatlon of these energy conservlng building standards,
effectlve July 1, 1978, would be exempt from the requirements of
the proposed ordlnance. However, more than one-fourth of the
houslng eXlsting In Santa Monlca in 1970 was bUllt before 1940
when energy efficiency standards were unheard of. Most of this
houslng is slngle famlly homes. ApproXlmate1y 75% of Santa
Moulca's rental housing was constructed between 1940 and 1970.
The resldent~al sector accounts for 53.1% of the total natural
gas and e1ectr~city consumptlon ln the city, and 21.6% of
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Mayor and C~ty Council
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Apr~l 14, 1981
residential end use represents space heating. The Munic~pal
Solar and Conservation Ut~l~ty report shows a substant~al
potential for energy savings from simple energy conservat~on
measures des~gned to lim~t heat loss. The cost of these
measures can be recovered from savings on energy bills, in most
cases in less than f~ve years. The payback on even the most
expensive ~tems is less than ten years.
The ordinance would require compliance of all properties by
December 31, 1985. Th~s is the date on wh~ch tax credlts for
energy conservatlon w~ll exp~re. Although tax cred~ts will not
be included in determinatlons of cost"effectiveness under the
ordlnance, because federal and state tax credits provide
additional lncent~ves to undertake these measures before the end
of 1985, the Energy Task Force has used thlS date as the inltial
goal for retrofittlng of all houslng with IDlnlmal energy
conservatlon measures.
The Mun~clpa1 Solar and Conservation Utility report presented to
the City Counell in October 1980 shows that water heatlng accounts
for 43.4% of the resldential end use of natural gas and electr~city
in Santa Monica. An analysls of the economlCS of solar water
heating in the Southern California Edison Company and Southern
Callfornia Gas' Company serVlce territor~es of which Santa Monica
is a part shows it to be cost-effectlve. The proposed ordinance
would require that all new bUlldlngs include a solar energy system
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Mayor and C1ty Counc1l
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Apr1l 14, 1981
as the pr1mary means of heat1ng water. Exemptions are provided
for s1tuations where this would not be cost-effective, espec1ally
in cornmerc1al buildings where domestic water use lS l1mited or
an alternative means of heating water would be more cost-effect1ve.
The Pass1ve Design Law would requ1re operable w1ndows in all
res1dential bUlld1ngs and those parts of non-residential buildings
pr1mar1ly occup1ed as working space for people. Convent1onal air
refrigerat10n systems (a1r cond1tloning) would be by permit only
and the ord1nance spec1fies several condltions under which ~he
perm1t would be granted. It would requ1re the exhaustion of
available passlve deslgn cGo11ng features before a permlt for
conventional air condltioning would be granted.
Because of Santa Monlca's mild climate, a1r refr1geration cooling
systems are unnecessary 1n most s1tuat1ons if attention has been
giv~n to or1entation and shadinq of w~ndows to llmit heat sain, and
prov1s1on has been made for natural ventllation, tak1ng advantage
of Santa Mon1ca's ocean breezes. In large proJects, archltectf
are already comm1tted to detailed consideration of heatinq and
ventllat1ng systems, and thus have a responS1bl1ity to be sensitive
to opportun1ties to incorporate paSS1ve design features which w1ll
result 1n greater energy eff1c1ency in the proJect. These deslgn
features need not be unconvent1onali slgnificant opportunities
exist with standard bU11ding practlces. The ord1nance would
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Mayor and City Council
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Apr~l 14, 1981
establ~sh a pol~cy encourag~ng the maximum use of pass~ve design
heat~ng features, and plans for new bu~ld~ngs would be rev~ewed
by the Bu~lding Off~cer to determine a good faith effort has -
been made to lncorporate these features in the des~gn. It would
also encourage the maximum use of natural lighting ln the
~nterlor of build~ngs.
The Clothesline Law would prohlbit any restrlction against use
of clotheslines for drying of laundry and would requlre that space
be provlded for clothesl~nes in new residential developments.
The Energy Task Force has proposed fossil-fuel heaters be
prohiblted for new swimming pools, but would allow ccnventianal
means of heatlng spas and Jacuzzls because alternatlve means are
not cost-effective. Convent~onal pool heating systems would be
allowed as back-up systems for pools used for physical therapy
if a solar energy system provided the primary means nf heatlng.
A requirement for insulated covers on spas and swimmi.lg pools has
been recommended in order to 11mlt heat loss througH evaporation.
Any energy conservation program adopted by the city must be
certifled by the Californ~a Energy Commisslon. Before a program
can be certlfled, it must he shown to be cost-effect~ve by Energy
Cammlss10n guidellnes. In speclfy~ng energy conservat1on measures
(e.g.,R19 ce~ling ~nsulation, R6 water heater Jackets), we have
used the standard required In new construction under Tltle 24 of
the Cal~fornla Admlnistrative Code. These energy canservlng
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Mayor and City Councll
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Apr11 14, 1981
bu~lding standards have been determined approprlate for
satisfactory performance by the California Energy Commlss~on.
The Solar Access Law would require that new resident~al
bui1d~ngs be deslgned to allow access to unobstructed sunlight
to the adjoining properties for six hours measured on December 21,
the date on WhlCh the potential for shad1ng 1S greatest. Local
solar contractors advise SlX hours access is necessary for
successful util1zation of the solar energy system.
The solar access protection parameters were determined by
analYZ1ng the shadow that would be cast by a bU1lding constructed
to current zoning standards. In most instances, the requ~red
solar access can be provided w~th~n these presently allowed
development standards.
'l'he ord1nance l.ncludes a F'rovision for
flexibility 1n sideyard requ1remenc~, Ihere necessary.
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The Energy Task Force recognlzes a s19n1ficant problem exists
in protecting solar access when commercial property 1S developed.
This 1S of particular concern where commerc1al developments are
adjacent to or infr~nge on res1dential dlstr1cts. Because of
the numerous variable sltuatlons and the Task Force's limited
time frame, parameters for protectlon of solar access ln these
situations remal.n to be established.
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Mayor and City Council
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April 14, 1981
Recorrunendation
It 15 respectfully recommended the attached Energy Code be
forwarded to the Planning Commission and the Commission be
directed to make 1ts recommendation to the C1ty Counc11 on the
proposed ordinance.
Because of the lLffiited time frame within which the Energy Task
Force has operated, several additional areas could not be
investlgated. In add1tlon to the proposals lncorporated in the
attached ordinance the Energy Task Force recorrunends that further
study be g1ven to the follow1ng matters:
Modif1cat1on of the Zoning Ordlnance to allow flexibility
in sldeyard and setback requirements ln order to facilitate
orlentation of bUlld1ng5 to maximize opportunities for
passlve solar design.
Preparatlon of an EneLgy Llement of the General Plan.
Protectlon of solar access in rpsldentlal distrlcts
adjacent to corrunerclal di5trl_,~t:s.
Protection of solar access wlthln the corrunercial and
industrial d1stricts.
Incentive programs such as the Municipal Solar and Conservation
UtilLty, includlng consumer warranty information.
Prepared by: patricla Rellly
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF S&~TA MONICA
ADDING ARTICLE XII TO THE SANTA MONICA MUNICIPAL CODE,
RELATING TO ENERGY CONSERVATION
SECTION 1. Article XII, relating to Energy Conservation,
is hereby added to the Santa Monica Municipal Code, to read
as follows:
ARTICLE XII: ENERGY CONSERVATION
Chapter 1: GENERAL PROVISIONS
Sectlon 12101. Name. Purpose.
This Artlcle shall be called the "Energy Code". Its purpose
is to restrlct the use of non-renewable fossil fuels without
altering the llfestyles of residents or imposlng undue hardshlps
on the businesses in the Clty of Santa Monica.
Seetlon 12102. Definitions.
Unless specified in another chapter, the followlng
definitions shall apply:
a) "CoITlI'lercial property" or "Commercial building" shall
mean the place of operation of any business requlring a business
license under Article VI of the Municipal Code, but not including
home occupatlons and apartment buildings.
b) "Conventlonal air refrigeration systems" shall mean all
air conditioning systems fueled by fossil fuel forms of energy
and electrical energy generated off-site.
c) "Conventional swimming pool heating system" shall mean
any swimming pool heating system fueled by fossil fuel forms of
energy or electrical energy generated off-site.
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d) "Cost-effective", as applied to existing buildings,
shall mean that the cost of the required measures, contractor-
installed, including financing costs and not including tax
credits, can be recovered withln a period af not more than ten
years froM savings on energy costs.
e) "Cost-effective", as applied to new canstructlon,
shall mean that the life-cycle benefits of the device exceed
the life-cycle costs, including the costs of installation
and flnancing. The prime rate shall be used as the interest
rate in calculating cost-effectiveness.
f) "Feasible" shall mean capable of being accomplished
in a successful manner within a reasonable per10d of time,
taking into account economic, environmental or technological
factors.
g) "Operable windows" shall mean windows capable of being
manually opened and closed.
h) "Passive design cooling features" shall include but
not be lim1ted to operable windows, vents, overhangs, building
orientation, placement of windown in the build1ngs, off-peak
or nighttime cooling systems, thermal mass and heat storage
systems.
i) "Passive deslgn heating features" shall include but
not be limited to building orientatlon, orientation of windows,
thermal mass and heat storage systems.
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J)"Residential" or "res~dent~al build1ng" shall mean
one-family attached or detached, and multiple family dwel11ngs
as defined in Section 9102 of the Munic1pal Code. For purposes
of this Article, mob1le homes are not considered residential
buildings.
k) "Solar access" shall mean the provision of unobstructed,
direct sunlight for six hours between the hours of 9:00 a.m.
and 4:00 p.m., Pacific Standard Time, on December 21, sufficient
for the effective use of a solar energy system whose primary
purpose is heating domestic potable water.
1) "Solar energy system" shall mean any solar collector
or other solar energy device whose primary purpose is to
provide for the collection, storage and distribution of
solar energy for space heating or cooling, for water heating,
or for electr1city.
m) "Spa" or "Jacuzzi" shall mean any outdoor structure,
basin, chamber, or tank conta1n1ng an artificial body of water
more than eighteen inches deep and having a water surface of
less than f~fty square feet, intended to be maintained at a
temperature exceeding ninety-five degrees fahrenheit for
recreational or social bathing.
n) "Swimming pool" shall mean any structure, basin, chamber
or tank conta~ning an artif~cial body of water more than eighteen
inches deep and having a water surface area of more than fifty
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square feet for swimming, diving, or recreatlonal or therapeutic
bath~ng .
0) "Unusual hardship" shall mean that a strict
interpretation of this Code, or its application to any specific
case or s~tuation would result in the unreasonable deprivatlon of
the use or enjoyMent of property, or would requlre the
expenditure of unreasonable sums of money.
Sectlon 12103. Fees.
The Clty Council may, by Resolution, set fees to recover
the costs of administering or enforcing any part of this Code.
Section 12104. Appeals.
Except as specifically provided in other parts of this
Code, the Building Offlcer shall deternine claims that
measures are not cost-effective, exemption requests, and
hardship claims. Any person or persons who consider themselves
aggr~eved by a decision of the Building Officer may. within
15 days, appeal said determination to the Building and Safety
Commission, whose decision shall be final.
Sectlon 12105. Enforcement.
a) Violation of any provislon of this Code shall be a
CiVll infraction. The Administrative Law Judge may, upon a
finding that a violation has occurred, impose a fine of up
to $100 for each violation, or issue orders necessary to
insure compliance. Violation of such an order is punishable
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by an additional civil fine of $100 for each day of non-
compliance, and may be abated as a public nuisance.
b) Violation of any provision of this Code shall be a
misdemeanor, punishable by a fine of up to $500 for each
violat~on, or impr1sonment for up to 6 months, or both.
Chapter 2. ENERGY CONSERVATION REQUIREMENTS
FOR ALL BUILDINGS.
Section 1220l. Name. Purpose.
This Chapter shall be called the Energy Conservation Law.
It is the intent of this Chapter to insure that all housing
in the City of Santa Monica for which building permits were
1ssued prior to the implementation of California Administrative
Code, Title 24, energy conserving building standards (effective
July 1, 1978), has been retrofitted prior to resale with
minimum energy conservation measures to the extent such measures
are cost-effect1ve and feasible.
It is the further intention of this ordinance that all such
housing be so retrofitted no later than December 31, 1985.
Section 12202. Energy Conservation Measures.
a) Except as specified, all buildings in the City of Santa
Monica shall prove compliance with minimum energy conservation
measures required by this Chapter. The entire building must be
brought into compliance before recordation of a deed or contract
for sale purusant to California Civil Code Section 2985, upon
the addition to or alteration of any structure in which theion
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cost of such addition or alteration is equal to fifty percent
or more of the valuation of the existing building, or by
December 31, 1985, whichever is sooner.
b) The deadline for compliance with this Chapter may be
extended for up to one year beyond December 31, 1985, if the
property owner presents evidence of an energy audit and the
Building Officer determines on the basis thereof that the
building substantially complies with the provisions of this
Chapter.
c) Newly constructed buildings for which building permits
were issued after implementation of California Adm1nistrative
Code T1t1e 24, Energy Conservation Standards for New Buildings
(effective July I, 1978) and all mobile homes shall be exempt
from the requirements of th1s section. The following classes of
title transfer shall be exempt from the requirements of th1S
sect1on: title transfer involving estates, bankruptcy claims,
foreclosure, co-owners, and property settlement between marriage
partners.
d) The following minimum energy conservation measures shall
be required in all residential buildings except as specified:
1) All ceilings adjacent to unheated areas in single
family homes shall be insulated to a minimum resistance value
of R19.
2) All doors and windows exposed to exterior conditions
or to unheated areas shall be fully weathers tripped in such a
manner as to effectively and reliably limit air infiltration.
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Adhesive foam type weatherstripplng shall not constitute
compliance.
3) All natural gas, electric resistance, or other
fossil fuel-fired domestic water heaters shall be fitted with
external insulation rated at a minimum thermal resistance value
of R6.
4) All uninsulated rec1rculatLng hot water piping in
unheated areas such as attics, garages, basements or crawl
spaces shall be insulated in accordance with California
Administratlve Code, Title 24, Energy Conservation Standards for
New Residential Buildings, Section T20-1406(d).
5) All uninsulated transverse duct plenums and
fitting joints from all heating and cooling equipment in unheated
areas such as attics, garages, basements or crawl spaces shall be
sealed with pressure sensitive tape or mastic to prevent alr loss
and insulated 1n accordance with Callfornia Administrative Code,
Title 24, Energy Conservation Standards for New Residential
Buildings, Section T20-l404.
6) Any broken windows shall be repaired and any cracks
or holes in the building envelope large enough to allow llght
to pass from an unheated to a heated area must be sufficiently
caulked to limit air infiltration. This standard does not apply
to infiltration caused by a missing or poorly fitting fireplace
damper.
7) All shower fixtures shall be fittled with low-flow
showerheads such that the maximum flow rate of the fixture does
not exceed three gallons per minute.
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8) All swimming pools using fossil fuel heaters shall
be equipped with a solar energy system. The use of fossil fuel
heaters for swimming pools shall be prohibited after
December 31, 1985. NOTE: A recent opinion of the Attorney
General indicates that local governments are preempted from
requiring solar heating of swimming pools. Further research
into this will be required.
9) All swimming pools, spas or jacuzzis heated by
fOSS11-fuel heaters shall be fitted with insulated covers
to limit heat loss.
e) The following minimum energy conservation measures shall
be required in all commercial buildings:
1) The use of electrical energy for lighting of
commercial buildings and grounds shall be limited to the
operating hours of the business, except that sufficient lighting
may be provided at all times to provide a minimum level of
protection and security to persons and property.
2) The use of electrical energy for air cond1tioning,
heating, cool1ng and ventilating commercial establishments shall
be limited to the operating hours of the business, unless
such use is required by law or is essential to provide necessary
services and reasonable temperatures during business hours or
for the protection of temperature-sensitive goods, wares,
merchandise or operations.
f) No transfer of t1tle shall be invalidated because of
failure to comply with this Chapter.
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g) Proof of compliance with or exemption from the energy
conservation requirements of Sections 12202(d) or (e) shall
be submitted to the Building Department no later than the date
of the recording of the deed or contract of sale pursuant to
civil Code Section 2985, the date of the final building
~nspection in the case of additions or alterations, or December
31, 1985, whichever is sooner.
Chapter 3. SOLAR WATER HEATERS.
Section l2301. Name. Purpose
This Chapter shall be called the Solar Domestic Water
Heater Law. It is intended to reduce the requirement for
fOS511 fuel types of energy for the heating of water by 50%
or more for each structure covered by this Chapter. Care shall
be taken by the designer to aesthetically integrate solar
equipment with the architecture of the structure or landscaping.
Section 12302. Solar Water Heating Requirements for New
Construction.
a) No building permit shall be issued for a new residential
or commercial building unless said building includes the use of
a solar energy system as the primary means of heating domestic
potable water.This requirement shall apply to all permits for
all buildings applied for on or after July 1, 1981.
b) All such solar energy systems shall comply with the
requirements of Section 12303.
c) Nothing in this section shall preclude the installation
of a convent~onal back-up water heating system capable of
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augmenting the solar energy system during periods of inclement
weather.
d) The City Council may adopt, by resolution, solar water
heating guidelines to assist in the implementation of this
sectl0n. Requ1red solar energy systems shall at minimum meet
or exceed said guidelines or shall conslst of an alternat1ve
design which, in the opinion of the Building Officer, is
sufficient to meet or exceed the stated intent of this Chapter.
Section 12303. SOLAR WATER HEATING REQUIREMENTS
To qualify for a build1ng permit, the proposed solar energy
system must meet all requirements necessary for the California
State Tax Credit for as long as such credit is made available
by the State. In addition, except for owner-constructed solar
energy systems, the applicant must provide written proof that:
l) The solar energy system has been certified by the
California Energy Commission. Programs such as "Test1ng and
Inspection Program for Solar Equipment" (TIPSE) and "Cal Seal"
or other successor programs qualify as proof of certification.
2) The purchaser has been made aware of where the
solar energy system may be serviced and the name and address
of the service company.
3) The purchaser has agreed to, or has waived, a bonded
warranty.
4) The purchaser has received a service manual on the
solar water heater written in language understandable by a lay
person. Such manual shall include a set of operating instructions
which describe how the system functionsl the minimum serv~ce
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levels expected from the system, and how to operate the system
for maXlmum efficiency.
Section 12304. EXEMPTIONS
a) An applicant for a building permit may request an
exemption from the Building Officer from the requirements of
this Chapter where installation of a solar energy system is
not feaslble or cost-effective.
b) An applicant for a permit for a commercial buildlng may
request an exemption from the Buildlng Officer from the
requlrements of this Chapter when any of the followlng
conditions exist:
1) The building will have a water heater of less than
thirty (30) gallon capacity;
2) The building will incorporate an alternatlve
system for heating water which is more cost-effective.
Chapter 4. PASSIVE DESIGN FOR BUILDINGS.
Section 12401. Name. Purpose.
This Chapter shall be called the Passive Design Law.
Its purpose is to lessen use of fossil fuels by reducing the
need for heating, lighting, ventilating and conventional
air refrigeration systems fueled by fossil fuel forms of energy.
Section l2402. Required Passive Design Features.
a) All new residential buildings shall have operable
windows.
b) All new non-residential buildings shall be required to
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max~mize use of passive cooling design features and to
have operable windows to provide natural ventilation in space
primarily occup~ed as working space for people. Spaces used for
storage and equipment shall be excluded from this requirement.
c) The installation of conventional air refrigeration
systems shall be by permit approved by the Build~ng Officer.
Permits may be granted where air refrigeration systems are
necessary because of the nature of the business, peculiarities
of the design of the building, inadequacy of passive design
cooling features, or in cases of unusual hardship.
d) It shall be the P011CY of the City of Santa Monica
to encourage the maximum use of passive des1gn heating features
and the maximum use of natural light in the interior of
build1ngs. The Building Officer shall review all plans to
determine that a good faith effort has been made to facilitate
heating with passive design features and use natural lighting.
Chapter S. CLOTHESLINES
Section 12501. Name. Purpose.
This Chapter shall be called the Clothes11ne Law. Its
purpose is to promote the use of outdoor clotheslines for the
drying of laundry.
Section 12502. Prohibitions; Requirements: Exemptions.
a) It shall be unlawful to establish or maintain any
restriction which prohibits the use of clothesline on any
residential property.
b) All new residential developments requiring
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Architectural Review Board approval shall include suitable
space or facl11ties to enable residents to dry their laundry
using the sun. Such clotheslines shall be convenient to washlng
facilities and orlented so as to receive sufflcient sun to
dry clothes throughout the year.
c) The Architectural Review Board may exempt a development
from the requirements of this sectlon where provision of the
required space would not be feasible.
Section 12503. Appeals
Any person or persons who consider themselves aggrieved
by a decision of the Architectural Review Board may, within
15 days, appeal said determination to the Planning Commission,
whose decision shall be final.
Chapter 6. SWIMMING POOLS
Section 12601. Name. Purpose.
This Chapter shall be called the Swimming Pool Law. Its
purpose is to ellmlnate the use of fossil fuels in the heating
of swimming pools and to reduce the use of fossil fuels in
the heating of spas and jacuzzis.
Section 12602. prohibitions and Requirements.
a) New conventional swimming pool heating systems shall be
prohibited, except that spas and jacuzzis may be heated by
conventional means. Where a swimming pool is connected to a
spa or jacuzzi which is heated by conventional means, separate
filtration systems shall be required.
b) ThlS section shall apply to pools designed and used
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for phys1cal therapy. If necessary to maintain the proper
temperature year-round, such a pool may be equipped with a
back-up conventional pool heating system, if it is equipped
with an act1ve solar energy system as the primary means of
heating the pool, and fitted with an insulated cover
suff1cient to lim1t heat loss.
c) All spas and Jacuzzis shall be fitted with insulated
covers sufficient to 11mit heat loss.
d) No permit shall be issued by the Building Offlcer for
the connect10n of a pool heating system unless the system
complies with the provisions of this Chapter.
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Chapter 7.
SOLAR ACCESS
Sectlon 12701. Name. Purpose.
ThlS Chapter shall be called the Solar Access Law. Its
purpose lS to make possible the successful use of solar energy
by perwltting the use of solar energy systems In all zones as
a matter of rlght and protect1ng access to sunlight necessary
to such systems. NOTE: In additlon to lncluslon ln the Energy
Conservatlon Ordlnance, the provislons of thlS Chapter are
subJect to Codlflcatlon as part of Article IX, Zonlng Regula-
tlons.
Beetlon 12702. Permltted Use.
Solar energy systems are a permltted use In all zones,
whether as a part of a structure or lncidental to one or more
structures, although effort should be made to integrate such
systems archltecturally. The use of solar energy systems 1S
subJect to the restraints imposed by the zonlnq. limltatlons
of th1s Code, by eX1stlng vegetation, bUlldings, walls, fences
and other structures and by dlverslty of topography.
Section 12703. Solar Access Protection.
a) Single Fawl1y Dlstricts.
No bUlldlng permit shall be issued if the proposed
building, wall, fence or other structure would cast a shadow
greater than that WhlCh would be cast by a hypothetical elght
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foot obstructlon located on the property 11ne. The adjacent
property owner must be left free of such shadow for SlX hours
between 9:00 a.w. and 4:00 p.m. on December 21.
b) In the R2 D1str1ct, no bui1d1ng permit shall be
lssued If the proposed build1ng, wall, fence or other structure
would not allow unobstructed access to sunlight to the bUlld-
able area of the adJacent property twelve feet above the
average natural grade for SlX hours between 9:00 a.m. and
4:00 p.m. on December 21.
c) In the R2R Dlstr1ct, no build1ng permit shall be
lssued 1f the proposed bU1ld1ng, wall, fence or other struc-
ture would not allow unobstructed access to sunlig~t to the
bU1ldable area of the adjacent property twenty feet above the
average natural grade for six hours between 9:00 a.m. and
4:00 p.m. on December 21.
d) In the R3 D1strlct, no bU1ldlng permlt shall be is-
sued 1f the proposed bU1ld1ng, wall, fence or other structure
would not allow unobstructed access to sunllght to the bUlld-
able area of the adjacent property twenty feet above the ave-
rage natural grade for SlX hours between 9:00 a.m. and 4:00 p.m.
on December 21.
e) In the R4 Distrlct, no bUlld1ng permit shall be
lssued if the proposed bUlldlng, wall, fence or other structure
would not allow unobstructed access to sun11ght to the build-
able area of the adjacent property thirty feet above the
average natural grade for SlX hours between 9:00 a.ID. and
4:00 p.m. on December 21.
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f) Fny property developed to the standards of another
more restrlctlve dlstrJct must meet the solar access standards
of that dlstr1ct.
g) It lS not the lntent of th1S ordlnance to reduce the
dens1tv of develop~ent allowed under the Zonlng Ord1nance.
Flexlb1l1ty in the sldeyard reQUlrements may be allowed where
necessary to acco~pllSh the ?Urp05es of thlS ordlnance.
h) Contractors lnstalllng solar energy systems shall
place such systems so that the solar collectors have access to
unobstructed sunllqht to the maXl~um extent feasible.
Sectlon 12704. Shade Control.
a) It is the lntent of thlS sectlon to qlve the owner
o~ a solar energy system the r1ght to receive sunllght to
the solar energy system once lt 15 lnstal1ed and to prov1de
the means by WhlCh the owner may enfore thlS rlght.
b) No person ownlDg or lD control of a pronerty shall
allow any vegetatlon, wall, fence or other structure to he
placed, or 1n the case of vegetatlon, to grow on such pro-
pertv, subsequent to the 1nstallatlon of a solar energy
syste~ on the property of another so as to cast a shadow over
~ore than 10 percent of the absorpt1on area of the syste~
dur1nq six hours between the hours of 9:00 a.~. and 4:00 p.~.
on December 21.
e) The prov~slons of this seetloD shall not apoly where
one or more of the following condlt1ons eXlsts:
(1) The veaetation, wall, fence or other structure
1S located ~ore than 430 east of true south and 540 west of
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true south of the property on WhlCh the solar energy systero
is located.
(2) The wall, fence or other structure eXlsted
prlor to the lnstallation of the solar energy system.
(3) The vegetatlon eXlsted prior to the installa-
tlon of the solar energy system and cast a shadow over more
than ten percent of the solar energy system durlng the
remalnder of the annual solar cycle withln WhlCh the system
was lnstalled.
d) Prlor to the lssuance of a buildlng permit for the
lnstallatlon of a solar energy system, the system lnstaller
shall make an lnspectlon of surroundlng propertles. If,
from such an lnspectlon, the installer determlnes that any
eXlstlng vegetatlon, bUlldlnq, wall, fence or other struc-
ture 1S located wlthin 430 east of true south and 540 west
of true south and wlll block more than 10 percent of the
absorptlon area of the system at the tiroe of lnstallation,
the lnstaller shall make a report recordlng thlS vegetation,
bUlldlng, wall, fence or other structure and shall place it
on flle wlth the BUllding Department.
e) When the bu~lding permit for the solar syste~ is
issued, the owner and resldents of any property for WhlCh a
report has been flIed by the lnstaller shall be so informed
by wrltten notlce from the Clty. The notlce shall lnclude
a copy of the report, shall dlsclose the restrlctlons placed
upon the prooerty due to the installatlon of the solar energy
system, and shall advise the reciplents that they have thirty
days In which to file thelr own report with the BUlldlng
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Department If they dlsagree wlth the report of the solar
system lnsta11er.
Sectlon 12705. Exceptions.
When econOID1C, envlronmenta1, soclal or technological
factors make strict lnterpretatlon of this Chapter lnfeas-
lb1e or lnconslstent wlth its general lntent and pur~ose,
the P1annlnq CONmlSS10n may grant an exceptlon from the
DrOV1Slons of this Chapter.
Sect10n 12706. Enforcement.
In addit10n to any other remedles and rights prov1ded
for in this Artlcle, v101atlon of this Chapter shall con-
stltute a pr1vate nUlsance, and shall glve r1se to a pr1vate
cause of actlon for the abatement thereof.
SECTION 2. Th1S ordlnance shall be fully severable.
If any part 0= th1S ord1nance 1S declared lnval1C for any
reason by a court of competent ]urlsdlctlon, the remalnder
of thlS ordlnance shall not be affecteo, but shall remaln ln
full force and effect.
SECTION 3. The Mayor shall slgn and the Clty Clerk
shall attest to the passage of thlS ordlnance. The Clty
Clerk shall cause the same to be publlshed once In the offl-
clal newspaper wlthln flfteen (15) days after lts adoptlon.
ThlS ord1nance shall be effectlve thlrty (30) days after
ltS adoptlon.
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