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SR-400-005-05-01 (2) CP:SM\EPWM\O;p\STAFFRPT\2ndREADGRNBLDORD.DOC Council Meeting: November 13, 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Second Reading of Ordinance Amending Chapter 8.108 of the Santa Monica Municipal Code Relating to Building Energy Performance and Adoption of Resolution Making Findings Regarding Local Climatic, Geological And Topographic Conditions Pursuant To Health And Safety Code Sections 17958.5 and 17958.7 and 18941.5. INTRODUCTION At its meeting on September 11, 2001, the City Council introduced for first reading an ordinance amending the building energy performance standards in the Green Building Ordinance. The ordinance is now presented to the Council for adoption. A resolution making local findings in support of the Green Building Ordinance is also included. DISCUSSION A resolution is recommended in support of the Green Building Ordinance to make findings regarding local climatic, geological and topographic conditions pursuant to Health and Safety Code Sections 17958.5 and17958.7 and 18941.5. The California Energy Commission approved the City’s revised building energy 1 standards on October 17, 2001. RECOMMENDATION Staff recommends that City Council: 1.) Adopt the attached ordinance. 2.) Adopt the attached resolution. Prepared by: Craig Perkins, Director of Environmental and Public Works Management Department Susan Munves, Energy and Green Building Program Coordinator Attachment 1: Green Building Ordinance Attachment 2: Green Building Resolution 2 F:\atty\muni\laws\barry\grnbldord.doc City Council Meeting 11-13-2001 Santa Monica, California ORDINANCE NUMBER ______(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 8.108.030 AND 8.108.040 OF 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, on December 15, 2000, the City Council adopted Ordinance Number 1995 (CCS) which, inn part, required building permit applicants of new and renovated commercial and multi-family residential construction to significantly reduce 3 non-renewable energy consumption below 1998 State Title 24 energy efficiency standards; and WHEREAS, after the City’s adoption of Ordinance 1995 (CCS), in response to California’s current energy crisis, the State Legislature enacted AB 970, which required the California Energy Commission to strengthen Title 24 standards; and WHEREAS, the Energy Commission subsequently adopted a set of significantly strengthened energy performance standards for new commercial and residential construction; and WHEREAS, in light of these changes in State law, the City has reevaluated the computer energy models of the prototypical Santa Monica buildings used to establish the City’s building energy performance standards to determine the appropriate required reductions in allowable energy budgets established by local law: and WHEREAS, the proposed amendments in this ordinance reflect the results of the City’s reevaluation of the computer energy models and WHEREAS, additional clarifications to Ordinance Number 1995 (CCS) are also appropriate: 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 WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain modifications 4 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 has reviewed the proposed standards on October 17, 2001, and approved the recommended changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.108.030 and Section 8.108.040 of the Santa Monica Municipal Code are hereby amended to read as follows: 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. 5 (b) Multi-family residential buildings that have three or less habitable stories 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, 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 Thermostatic Expansion Valve, or 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. 6 Table 8.108-A Required Reduction Factors for Allowable Energy Budgets Multi-family Residences 10% Hotels and Motels 15% Commercial and Institutional 15% Offices Light Industrial 15% Retail 10% 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. 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 effect the provisions of this Ordinance. 7 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 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 4. 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 8 F:\epwm\adm\stfrpts\reso.doc City Council Meeting 11-13-2001 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: 9 SECTION 1. The City Council hereby finds that additional energy conservation 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. Based on these local climatic conditions, the need to protect the local environment through stricter development standards, and the cost effectiveness of the 10 more restrictive energy standards, the following additional building standards are appropriate: (1) Reduction of annual energy budgets by 10-15% based on occupancy type. 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 11 1