SR-040808-7E~~~
c;cvar City Council Report
Santa Monica
t1PRiI. $, 2vo $
City Council Meeting: J`artaew~B98
Agenda Item: ~ ~~
To: Mayor and City Council
From: Craig Perkins, Director -Environment and Public Works Management
Subject: Resolution Making Findings of Local Climatic, Geological, and
Topographical Conditions as Required to Adopt Local Amendments to the
California Building Standards Code; and Introduction and First Reading of
an Ordinance Modifying Santa Monica Municipal Code (SMMC) Chapters
8.108, 7.60, and Sections 9.04.10.04.100, and 9.04.10.04.110 to Update
and Amend Green Building Requirements in the City.
Recommended Action
Staff recommends that the City Council adopt the attached resolution making findings of
local climatic, geological, and topographical conditions and introduce for first reading an
ordinance modifying Santa Monica Municipal Code (SMMC) Chapters 8.108, 7.60, and
Sections 9.04.10.04.100 and 9.04.10.04.110 to update and amend green building
requirements in the City. The proposed ordinance is included as Attachment A. Staff
also recommends that the City's Green Building Grant Program be extended to include
buildings certified under the LEED for New Construction, LEED for Homes, and LEED
for Commercial Interiors ratings systems.
Executive Summary
On March 20, 2007, Council supported staff recommendations to update and amend the
green building requirements set forth in the Green Building Ordinance, the Construction
and Demolition Waste Ordinance, and the landscaping and irrigation standards in the
Zoning Code, Chapters 8.108, 7.60, and Sections 9.04.10.04.100 and 9.04.10.04.110
respectively of the SMMC.
On January 13, 2004, Council approved the creation of the Green Building Grant
program. At the time, no LEED rating system existed for single family residences.
Council directed staff to return with an amendment to the program to include single
family residences as soon as a LEED rating system was available. The LEED for
Homes rating system ended its pilot phase in November 2007 and several projects have
already applied or been certified in the City.
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Discussion
The attached ordinance amends and modifies the Green Building Ordinance, Chapter
8.108 of the SMMC. The State of California's Title 24 energy efficiency standards were
updated and adopted in 2005. The proposed ordinance includes mandatory measures,
such as pipe insulation for hot water pipes and solar water heating for pools and spas.
In addition, the proposed ordinance presents both a performance and a prescriptive
path for compliance with energy requirements that are more efficient than those set
forth in the updated Title 24 standard. The California Energy Commission approved the
standards in the proposed ordinance on September 21, 2005.
The current Green Building Ordinance requires new buildings to utilize four major
construction materials with recycled content. Other green building materials, such as
zero-VOC paint, support the intent of this requirement but may not contain recycled
materials. The proposed ordinance expands the list of approved green construction
materials and requires the use of five green construction materials. The proposed list of
approved green construction materials is included as Attachment B. The proposed
ordinance also requires single-family and duplex construction, previously exempt, to
comply with all measures of the Green Building Ordinance.
There exist several requirements in other parts of the Municipal Code that are primarily
concerned with environmental and green building standards. To facilitate management
and administration of green building requirements in the City, the proposed ordinance
relocates some of those requirements from their current places in the SMMC to Chapter
8.108, the Green Building Ordinance. Affected portions of the Code include Chapter
7.60, Construction and Demolition Material Waste Management Plan, Section
9.04.10.04.100, Landscape Maintenance and Protection, and Section 9.04.10.04.110,
Water Conservation Standards.
In addition to its relocation to Chapter 8.108, Chapter 7.60 will be amended to update its
performance security requirements. Currently, demolition projects are required to
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submit a performance security to ensure compliance with the section. The performance
security is set at 3% of project costs, subject to a minimum of $1,000 and a maximum of
$30,000. Evidence suggests that a significant number of projects are forfeiting the
performance security rather than comply with the City's C&D Waste diversion
requirements. The proposed ordinance removes the maximum performance security,
encourages salvage audits, excludes inert material (soil, rocks, etc.) from diversion
calculations, and ties the performance security to project square footage rather than
cost. In addition, staff recommends that the required diversion rate for C&D waste be
increased from 60% to 65%. The Sustainable City Plan sets a target of 70% diversion
of C&D waste to be achieved by 2010. The City has already identified several waste
management facilities with a verified diversion rate of at least 65%, and so this
requirement can be easily met at the present. It is anticipated that the City will work
with waste management facilities to achieve a 70% diversion rate by the 2010 target
deadline. These changes will help the City achieve its resource conservation goals
established in the Sustainable City Plan.
In addition to relocating them to Chapter 8.108, the proposed ordinance will update the
requirements currently existing in Sections 9.04.10.04.100 and 9.04.10.04.110 to
require that irrigation and landscaping plans be approved via plan check and inspection
during the permitting process. It will also further clarify terms and standards to be used
in approval of water-efficient landscaping and irrigation systems. These changes will
help the City reach its goals for water use reduction established in the Sustainable City
Plan.
Green Building Grant Program
Per Council request, staff recommends that the Green Building Grant program be
expanded to include buildings certified under the LEED for Homes ratings system. On
January 13, 2004, Council approved the creation of the program with the request that
single family residences be eligible for the grant program as soon as a LEED rating
system was available. The LEED for Homes rating system ended a successful pilot
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phase in November 2007. The LEED for Homes rating system applies to single family
residences and smaller multifamily residences. While Council only requested that the
program extend to single family residences, staff recommends that any building certified
under the LEED for Homes system be eligible for the grant: This would encourage
builders of duplexes or townhomes to pursue greener construction. The existing grant
award amounts are as follows:
LEED Certified - $20,000
LEED Silver - $25, 000
LEED Gold - $30,000
LEED Platinum - $35,000
Staff recommends that the grant award amounts for buildings certified under the LEED
for Homes rating system be structured as follows:
LEED Level Single Family Residence Multi-family
$2,000 per unit
Certified Certified - $3,000 up to 10 units
$2,500 per unit
Silver Silver - $4,000 up to 10 units
$3,000 per unit
Gold Gold - $6,000 up to 10 units
$3,500 per unit
Platinum Platinum - $8,000 up to 10 units
This distribution is recommended because certification costs are anticipated to be lower
for multifamily units. Larger multi-family residential projects may be certified under
LEED for New Construction rather than LEED for Homes. If the multi-family grants are
capped at 10 units, the maximum amount of available grant funding would be the same
under either rating system.
Planning Commission Action
On November 7, 2007, the Planning Commission heard and discussed the proposed
changes to the Zoning Ordinance, which is under their purview. The Commission
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unanimously passed a motion to recommend that Council approve the proposed text
amendment as presented. The Planning Commission also took the opportunity to
comment on the water-efficient landscaping requirements being proposed for SMMC
Chapter 8.108. While this Section was not directly under their purview, the substance of
the proposed language for Section 8.108 was directly related to the sections of the
Zoning Ordinance that were being proposed for relocation to Section 8.108.
The following is a summary of the Planning Commission comments and staff response
to those comments:
1) The Planning Commission would like the landscaping requirements to apply to
any new landscape or irrigation system installed in the City, not just those
installed as a part of a new construction project. Staff agrees with this in
concept, but believes that enforcement will be difficult to administer. Staff is
working on ways to enforce such a requirement, but- believes that using the
existing building permit mechanism will be most effective at the present.
2) The Planning Commission would like the landscaping requirements to apply to
substantial remodels as well as new construction. Staff agrees with this
assessment and has included language to make these requirements applicable
to substantial remodels as defined in SMMC 8.84.040. This is consistent with the
current Green Building Ordinance requirements and also with the current Urban
Runoff Mitigation requirements.
3) The Planning Commission would like the landscaping requirements to apply to
single family residences. Staff agrees and although only the pertinent sections of
the proposed Green Building Ordinance were presented to the Planning
Commission, the full text contains a provision that would require compliance of
single family residences.
4) The Planning Commission suggested that the requirement for an 18" setback
from hardscape for sprinkler heads in proposed section 8.108.10(d) would not be
feasible to meet without killing plants in that setback area. The Planning
Commission questioned why 90-degree or 180-degree sprinkler heads would not
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be sufficient to prevent water waste via overspray. Staff disagrees with this
assessment. While 90- and 180-degree sprinkler heads are designed to prevent
overspray, in practice these devices consistently produce overspray without
fastidious maintenance and constant adjustment. In addition, there are several
landscape and planting designs, as well as subsurface irrigation systems, that
can be used as viable alternatives to meet this requirement.
5) The Planning Commission would like to ensure that parkways are included in the
landscaping requirements. While the parkway requirements are not specifically
mentioned in the Code, the parkway requirements are included in the Guidelines
referenced in 8.108.100(a).
6) The Planning Commissioh suggested that the language in existing SMMC
9.04.10.04.100Q) would force an owner to replace diseased or dead plant
materials with in kind plant materials, regardless of how water intensive those
plant materials might be. The Planning Commission suggested that an exception
be allowed for owners to replace plant materials with low water use. Staff agrees
and has proposed language to this effect.
7) The Planning Commission was concerned that proposed section 8.108.100(8)
would limit the potential sites for tree plantings, especially in areas where soil is
underlain by concrete. Staff has determined that soil permeability is important for
tree growth, and that while potential tree planting sites might in rare
circumstances be limited, those sites without adequate permeable soil would be
detrimental to the long term health of a tree, and perhaps another planting should
be considered for those areas. This permeable soil requirement is not a
proposed modification, but currently exists in the Code.
Building and Safety Commission Action
On September 26, 2007, the Building and Safety Commission reviewed and
commented on the proposed ordinance. By a unanimous vote, a motion to recommend
the proposed ordinance as written failed to pass. Staff returned to the Building and
Safety Commission on October 17, 2007 with modified ordinance language for further
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discussion and to address concerns previously raised by the Building and Safety
Commission. In the modified ordinance language, staff incorporated the Building and
Safety Commission's recommendation to establish a measurable and enforceable
standard for determining compliance with the requirement of solar heating for pool
water. The proposed language was approved by the Building and Safety Commission
on October 17, 2007 with the following amendments:
• 8.108.020 subsection (a) -reinstate this section;
• 8.108.020 subsection (b) -add at the end of this subsection the following, "one
and two family dwellings and their accessory structures shall be subject to
section 8.108.040";
• 8.108.030 -revise to have only the original language reinstated and in the eighth
line at the end of the first sentence after the word "publication" insert the following
words, "or a list provided by EPWM Director to be modified by public process' ;
• 8.108.040 subsection (b) -insert phrase "not powered by renewable resources"
after the word "heaters" and before the word "shall" in the second sentence; and
• 8.108.060 subsection (a)(2)3(a) -revise to include a prescriptive solution for
water heat recovery systems provided by staff.
The Building and Safety Commission noted concerns with several parts of the proposed
ordinance. The Building and Safety Commission felt that the requirements of the
proposed ordinance are too onerous to require single family residences to comply, with
the notable exception of requiring pools to be heated with solar energy. The Building
and Safety Commission also felt that the proposed expanded green building materials
checklist was too restrictive. The Building and Safety Commission noted that
appliances frequently are not installed at the time that the Certificate of Occupancy is
issued, and so the proposed requirement for such appliances to be Energy Star rated
should either be removed or should be modified to specify that only appliances installed
at the time of final inspection would be required to achieve an Energy Star rating. The
Building and Safety Commission also felt that the option of installing a drain water heat
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recovery system for compliance with proposed energy requirements was not specific
enough to enable verification during plan check and inspection.
Staff feels that since the City has had green building requirements in effect for seven
years, and since green building practices and strategies have become far more
common and well known, and since environmental issues of energy use, water use, and
indoor air quality continue to grow ever more pressing, it would not be onerous nor
inappropriate to require single family residences to comply with the proposed green
building requirements. Staff also notes that the expanded green building materials
checklist specifically incorporates the materials most commonly used to comply with the
existing recycled-content construction materials requirements, and in addition allows
flexibility for compliance using materials not specifically listed on the checklist, subject to
staff review and approval. Staff agrees with the Building and Safety Commission's
concerns regarding appliances and has modified the proposed amendment to refer to
appliances installed at time of final inspection. Staff understands the Building and
Safety Commission's concern regarding drain water heat recovery systems, and while
no standard currently .exists for such equipment, staff will work to develop such a
standard that is simple, enforceable, and does not deliberately preclude the potential for
new technologies in this emerging field.
Task Force on the Environment Action
On December 17, 2007, the Task Force on the Environment passed a motion in support
of the proposed ordinance.
LEED Requirements and Standard 189
On March 20, 2007, in addition to supporting the recommendations outlined above, the
Council requested that staff further investigate the establishment of LEED certification
for private sector construction projects greater than 10,000 square feet. Staff proposes
that there are several reasons why such a requirement would be difficult to enact and
enforce and that a better alternative would be to implement code requirements that
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meet the intent of LEED credits. The American Society of Heating, Refrigeration, and
Air Conditioning Engineers (ASHRAE), in conjunction with the US Green Building
Council and several other standards-development bodies, are in the process of
developing a set of green building requirements in code-friendly language known as
Standard 189. This standard is intended to eventually be a prerequisite for LEED
certification, and is scheduled to be released by the summer of 2008 as a model for
jurisdictions to adopt.
The LEED program is, and was always intended to be, a voluntary certification process.
Indeed, the handful of cities across the country that have implemented private sector
LEED requirements have invariably required that projects be "LEED certifiable" or "built
to LEED standards" rather than requiring actual certification. As a result, those same
cities have essentially put the burden of verification on their own staff, and they
frequently have established dedicated staff to handle this verification. Staff
recommends that the City should look to adopt the standards set forth in Standard 189
rather than require LEED certification of new construction.
Environmental Analysis
The Council finds that the adoption of this ordinance is exempt from the provisions of
the California Environmental Quality Act pursuant to CEC1A Guidelines Section
15061(b)(3) which states that projects are exempt when it can be determined with
certainty that there is no potential for causing a significant effect on the environment.
This ordinance establishes standards for the design, construction, and demolition of
buildings, landscaping, and irrigation systems that will reduce human exposure to
noxious materials, conserve non-renewable energy and scarce materials, minimize the
ecological impact of energy and materials used, support the use of renewable energy
and materials that are sustainably harvested, and protect, preserve and restore local air,
water, flora and fauna.
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Public Outreach
Public outreach concerning updated green building requirements will be conducted
pending Council review and approval of the various proposed requirements. Public
noticing and contact with the Building and Safety Department will inform builders and
developers of new requirements. The City has had existing green building requirements
for years, and as the new requirements mostly build on existing requirements, public
outreach regarding the transition should be easily achieved.
Financial Impacts & Budget Actions
The above recommendations will not have an impact on the City's budget. The funds
originally allocated to the Green Building Grant Program on January 13, 2004 remain
unchanged; only the grant award amounts will be modified.
Prepared by:
Brenden McEneaney, Green Building Program Advisor
Approved: Forwarded to Council:
Craig P~rkins ~-~' P.Xont Ewell
Director -Environmental and Public ~~ Manager
Works Management
Attachments:
A. Proposed Green Building Ordinance
B. Proposed Green Building Materials Checklist
C. Guidelines for the Design & Construction of Water Efficient Irrigation Systems in
the City of Santa Monica
D. Resolution
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Attachment A Proposed Ordinance
In the attached proposed ordinance, added text has been underlined and deleted text
has been struck out. In the case of the Sections dealing with construction and
demolition waste and with landscaping standards, the entire section has been
underlined, as it is proposed to be added to Chapter 8.108, even though some parts of
those Sections remain unchanged from the existing text in Chapter 7.60 and Sections
9.04.10.04.100 and 9.04.10.04.110 respectively. For clarity in these sections of the
attached proposed ordinance, added text has been double underlined, while the existing
text that is proposed to be relocated is only underlined once.
City Council Meeting 1-8-08
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 8.108 OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO GREEN BUILDING DESIGN, CHAPTER 7.60 RELATED TO
CONSTRUCTION AND DEMOLITION WASTE HANDLING REQUIREMENTS, AND
SECTIONS 9.04.10.04.100 AND 9.04.10.04.110 RELATED TO LANDSCAPE
IRRIGATION AND DESIGN STANDARDS
WHEREAS, in recent years there has been both worldwide and local concerns
raised about escalating energy costs and the effects of global warming;
WHEREAS, buildings consume approximately 70% of the electricity in the United
States and building construction and demolition practices consume large quantities of
valuable resources;
WHEREAS, conservation of water is critically important if the City of Santa
Monica is to sustain itself;
WHEREAS, ineffiecient irrigation devices and watering practices, particularly
related to maintenance of landscapes, result in the waste of ever scarcer water
resources;
WHEREAS, the City of Santa Monica has a long standing commitment to
leadership in green building standards, sustainable design and construction practices,
water and other resource conservation and the reduction of greenhouse gas emissions;
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WHEREAS, precious resources can be saved and harmful environmental
emissions can be reduced by the inclusion of sustainable construction and demolition
practices and by incorporating green building standards, practices and principles into
building and landscape design, maintenance, construction and demolition; and
WHEREAS, the City's environmental requirements will be better understood and
accessible to the public by consolidating as many as possible into the same Chapter of
the Santa Monica Municipal Code; and
WHEREAS, the standards and requirements set forth in this ordinance are
consistent in principle with the goals, objectives, policies, land uses and programs
specified in the adopted General Plan.
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 energy standards and said study demonstrated the cost effectiveness of
these standards; and
WHEREAS, the State Energy Commission has reviewed the proposed energy
standards on September 21, 2005, and approved the recommended changes;
WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the
latest editions of the Technical Codes with necessary California amendments; and
2
WHEREAS, on July 1, 2007, the State Building Standards Commission approved
and published the 2007 edition of the California Building Standards Code, which
incorporated the various editions of the Technical Codes by reference with necessary
California amendments; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the
California Building Standards Code applicable to all cities and counties throughout
California, including the City of Santa Monica, 180 days after publication by the State
Building Standards Commission, which is January 1, 2008, 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, at its November 13, 2007 meeting, the City Council considered the
2007 edition of the California Building Standards Code, which incorporates by reference
the various editions of the Technical Codes, and all of the referenced standards, tables,
matrices and appendices of each of these codes therein; and
WHEREAS, on November 27, 2007, the City Council adopted Ordinance Number
2244 (CCS), which adopted by reference certain Technical Codes, the Santa Monica
local amendments to these Technical Codes and the California Building Standards
Code; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain additional
modifications and additions to the California Building Standards Code are reasonably
necessary based upon local climatic, topographical and geological conditions;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 8.108 is hereby amended to
read as follows:
Chapter 8.108 GREEN BUILDING, LANDSCAPE DESIGN, RESOURCE
CONSERVATION AND CONSTRUCTION AND DEMOLITION WASTE
MANAGEMENT STANDARDS
8.108.010 Purpose.
The green building design and construction, landscape
maintenance and irrigation design, and construction and demolition waste
management standards established in this Chapter are intended to reduce
human exposure to noxious materials; conserve non-renewable energy
and scarce materials; to minimize the ecological impact of energy and
materials used; to support the use of renewable energy and materials that
are sustainably harvested; and to protect, preserve and restore local air,
water, flora and fauna. These standards will help protect the health of
building occupants; improve employee productivity; use energy, water and
materials more efficiently; incorporate recycled-content building materials;
and increase the durability, ease of maintenance, and economy of building
operations.
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Subpart A -Green Building
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
fifty percent of their replacement cost as determined by Section 8.84.040
o # /..\ n nrl fi~~~ fwmil...J.unll'nnn nrJ +hnir nnnnccnni c+r ~n+ ircc•
and-(-b}. The provisions of this Chapter shall not apply to qualified historic
buildings as defined in the State Historical Building Code.
8.108.030 Use of ~ec~rcaed rg een construction materials.
All new buildings subject to the provisions of t#e this Chapter shall
be built with a minimum of #eunFnajer five green construction materials t#aat
h~.vn .+ nc4 n ~ mnr ren..nlerl nnn+nn# +h n+ moo#c +hn Cmi rnnmcn4~l
D # +' ~ /CDA\ r .nlnrJ nnn+nnf nnirlnlinon n ne+fnr+h in #hn
on.
,,.,,,.. , .y.,...,~ ~~...~ ..,..~...~.........~... y_._~....~_ .__ _~_ ._.........._
(`mm~rnhonci..e (_` 'rl el'nn fnr Drnn~ rmm~n# of DrnrJi in+c /`nnMinin
R' n..e rerl ~A.++nr ..In /!'D(`_\ ~nrl +he Dv rnrJ ~An#nr nlc ~rl.icnn.
c.,,,..,..,,....,...... ....... ~.... ...~ .... ...... .... ........... __ ...~._..~._ .._..__. ~
Aln+'n n /A fl (`CD Dn rF 9A 7\ nhl'nn4'nn R 'IrJ'nn onr+
C..fnfi. tl'.i chill mnin+n'n of thn mnc+ rcnon# n irJ cl'ncc 'cc cr!
~~ ~cinn nnn'nc
h 4h CDC "AA-,'n nn+r nFnn mn+nr ~Id' .~r~, +hnne mn+n r'n lc +hn+
r nn n.
n+r n+n r.+l .+h"#'n nr f'n'o hinn f nn4'nn #h rn. nhn # +hc h ilr+'nn nr
...,pro +h..n ~..e h.,lf of+hn flnnr rnnf nr..,nu _ ~rfnnn_, selected from
a list that has been approved and issued by the Director of Environmental
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and Public Works Management. Materials shall be selected for inclusion
on the list based on their impacts on durability, energy efficiency, water
use efficiency, recycled content low emissions and resource depletion.
8.108.040 Additional mandatory features.
All buildings subject to the provisions of the this Chapter shall
comply with the following standards:
(a) Green Building Checklist. A green building checklist shall
be completed prior to construction and submitted to the Director of
Environmental and Public Works Management. For single-family
residential and for multi-family residential under four stories, this checklist
shall be either aLEED-Homes checklist, a GreenPoint Rated checklist, or
a Santa Monica Residential Green Building checklist. For all other
buildings, a LEED checklist shall be submitted.
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C Inr n~ll~~#~r~ chnll ho the nrim~ni
(-a~~ Solar Water Heating. ~ ............. r....._.,
~ +~ h~~t ~..~ I ..+ nnrJ +n .,rehe.~# in.J., +: .~I nrnnocc
., . ..~.~..~ p...... ......... .... .... ._ r. _.._-., ...____..~. ~-._____
..r ,.,
+ I rt• h + # r •# rl +n n .,c.hoo ~...+ I., ..,+: a If heated
water is to be used solar collectors shall be used to heat pool, spa, and
whirlpool water and to preheat industrial process water, including but not
limited to car washes and laundries. Solar collectors used for pool, spa,
or whirlpool heating shall either:
Provide at least 60% of the energy to heat swimming pool, spa and
whirlpool water, or
Cover an area equal to or greater than 70% of the surface area of
the pool and 100% of the surface area of the spa.
Electrical resistance heaters that are not powered directly bV renewable
energy sources shall not be used to heat pool, spa or whirlpool water
~}~ Pipe Insulation. All hot water distribution and resirsu4at{ng
recirculation system piping shall be thermally insulated from the heater to
the end-use fixtures. Pipe insulation shall have R-value equal to ~-4 RR=6
for piping two inches or less in diameter and ~ RR=8 for larger piping.
(~~ 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. R°~p:p:~,9-;m
"°"°^+„G~TIf piping is looped to create a heat trap. the loop shall have a
minimum external diameter of twelve inches.
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8.108.050 Priority plan check processing for LEED certified
buildings.
(a) New buildings and existing buildings r°^°~~°~' °'+°~°~' ^~
,e.".c";!!±ct°'' :^ _.. _...__^+°~^°°~'~^~ whose repair, alteration, or
rehabilitation costs exceed fifty percent of their replacement cost as
determined in Section 8.44.040 of this code, that are registered with the
United States Green Building Council for and are actively pursuing
certification under the Leadership in Energy and Environmental Design
Green Building Rating System (LEED), including LEED for Homes (LEED-
H), LEED for New Construction (LEED-NC), and LEED for Core and Shell
(LEED-CS), shall receive priority plan check processing by all City
departments. Registering for LEED certification for Commercial Interiors
(LEED-CI) or LEED for Existing Buildings (LEED-EB) does not qualify
projects for expedited plan check processing pursuant to this Section.
(b) All applicants wishing to receive priority plan check
processing pursuant to subsection (a) of this Section must submit their
LEED checklist to the City indicating all of the credits they intend to
pursue. Applicants must also clearly specify the materials, systems and
strategies they will use to achieve the credits in the plans submitted to the
City for plan check approval.
(c) The City Council may establish, by resolution, a fine to be
imposed on projects that fail to achieve LEED certification for any project
that received priority plan check processing pursuant to this Section.
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8.108.060 Santa Monica Energy Code Compliance requirements.
(a) In addition to and not withstanding any provisions
of the California Enerqv Code or any other provision of this
Code all buildings subject to this Chapter shall comply with
either the performance or the prescriptive approach
requirements of this Section. The purpose of these
requirements is to reduce the energv demanded and
consumed within the City of Santa Monica so as to protect
the public health, safety and welfare of the community.
including the protection and enhancement of the
environment from Greenhouse gases and other emissions.
(1) If a performance approach is selected, the building
must demonstrate to the satisfaction of the Director of
Environmental and Public Works Management, that the Time
Dependent Value fTDV) energv for the project is at least
10% less than the TDV energv for the Title-24 standard
comparison case set forth in the most recent California Title-
24 Enerqv Code standards in effect at the time that approval
of compliance is sought.
(2) If a prescriptive approach is selected or if a
building does not demonstrate compliance with the
performance approach requirements of this Section, then the
prescriptive approach requirements of this Section apply.
(b) Prescriptive Requirements
(1) Residential buildings with two or fewer dwelling
units must meet all of the requirements for either option A, B,
or C. described below:
(A) Option A:
1. Plumbing systems shall be fitted with a drain
water heat recovery svstem that preheats domestic hot
water with heat recovered from drain water. A drain water
heat recovery svstem shall consist of a minimum of 40 feet
of/<" cold water supply line coiled around a 30 inch vertical
drop in the drain line connected to each shower fixture in the
house or equivalent as approved by the Building Officer.
(B) Option B:
1. Domestic water heaters with input capacities
less than or eaual to 75.000 Btu/h must have a minimum
energy factor of
• 0.634 for 40 gallon water heaters
0.615 for 50 gallon water heaters
• 0.596 for 60 gallon water heaters
• 0.568 for 75 gallon water heaters
0.800 for tankless water heaters
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2. Domestic water heaters with input capacities
exceeding 75 000 Btu/h must have a recovery efficiency no
less than 84%.
3. All dishwashers, refrigerators, and clothes
washers installed by the time of final inspection must have
an Energv Star rating
(C) Option C:
1. No mechanical cooling shall be installed for the
residence. The residence shall be designed to maintain
comfort conditions through natural ventilation, and other
envelope measures.
2. All dishwashers, refrigerators, and clothes
washers installed at the time of final inspection must have an
Energv Star rating.
(2) Residential buildings with three or more
dwelling units and all hotels or motels as defined in Article 9
of this Code, must meet all of the following three
requirements and all of the requirements either for option A,
B or C set forth below:
Domestic water booster pumps greater than 2.5 hp
shall be controlled with variable speed drives;
All commercial transformers installed for the building
must have an Energv Star rating;
11
Fans or garage ventilation that are 2.0 hp or greater
shall be controlled with variable speed drives and with
carbon monoxide (CO) monitoring devices.
(A) Option A:
1. Plumbing svstems shall be fitted with a drain
water heat recovery system that preheats domestic hot
water with heat recovered from drain water. A drain water
heat recovery system shall consist of a minimum of 40 feet
of 3/<<" cold water supply line coiled around a 30 inch vertical
drop in the drain line connected to each shower fixture in the
house or equivalent as approved by the Building Officer.
(B) Option B:
1. All central domestic water heating svstems
(serving more than three residences per water heater) must
have a minimum thermal efficiency of 84%.
12
2. All individual domestic water heating systems
(serving 3 or fewer residences per water heater, and with
input capacities less than or equal to 75,000 Btu/h) must
have a minimum energy factor of:
• 0.634 for 40 gallon water heaters
• 0.615 for 50 gallon water heaters
• 0.596 for 60 gallon water heaters
• 0.568 for 75 gallon water heaters
• 0.800 for tankless water heaters
3. All individual domestic water heating systems
(serving 3 or fewer residences per water heater, and with
input capacities greater than 75 000 Btu/h) must have a
minimum recovery efficiency of 84%.
4. All dishwashers, refrigerators, and clothes
washers installed by the time of final inspection must have
an Energy Star rating.
(C) Option C:
1. No mechanical cooling shall be installed for the
residences. The residences shall be designed to maintain
habitable comfort conditions through natural ventilation and
other envelope measures.
13
2. All dishwashers, refrigerators and clothes
washers installed by the time of final inspection must be
rated Energv Star.
(3) All non-residential commercial buildings must
comply with at least two of the four following measures in the
rp oiect:
(A) All commercial transformers installed for the
building must have an Energv Star rating.
(B) Fans for garage ventilation that are 2.0 hp or
greater shall be controlled with variable speed drives and
carbon monoxide (CO) monitoring devices.
(C) Ambient lighting for all office spaces smaller
than 250 square feet must be controlled with occupant
sensor lighting controls.
(D) In all spaces greater than 250 square feet
classified as "daylit" spaces by Title-24, any ambient lighting
provided shall be controlled with photo-sensor controls and
stepped or continuous dimming.
(4) Mixed-use buildings must comply both with the
applicable residential and commercial standards.
Subpart B Landscape and Water Conservation
14
8.108.070 Purpose.
These reaulations are intended to provide standards
for quality and sustainability of landscaping and irrigation
svstems related to urban runoff. water use efficiency. and
landscape health and diversity in all areas of the city.
Nothing in this Chapter shall be interpreted as reauiring
landscapina or irriaation on any lot or premises or as
repealina landscaping reauirements that exist in other
Sections of this Code. These requirements are consistent
with the goals. objectives. and policies of the Sustainable
City Plan and the General Plan.
8.108.080 Annlicability.
The provisions of this Subpart shall apply to:
a) All new buildings. however the reauirements of this
Subpart shall not apply to new accessory structures. except
to those portions of landscaping and irrigation svstems
added repaired altered or rehabilitated in conjunction with
the construction of such structures.
bl Existing buildings whose repair. alteration or
rehabilitation costs exceed fifty percent of their replacement
cost as determined by Section 8.84.040.
15
c) New irriaation svstems and modifications to
existing irriaation svstems must conform to the reauirements
in this Chapter. If repairs. alterations. or rehabilitations are
made to fifty percent or more by area of the existing irriaation
svstem the entire irriaation svstem must conform to the
reauirements in this Chapter.
8.108.090 Definitions
For purposes of Subpart B of this Chapter. the
following words or phrases shall be defined as follows:
(al Impermeable hardscape -Anv form of
pavement or other surface which is not designed to permit
water to pass through it to the soil below:
(b) Irrigation System -Anv svstem for distribution
of pressurized water in the landscape. including but not
limited to anv svstem in which anv portion is installed below
grade or affixed to anv structure•
(c) Landscaping - Modification of the around
surface with live planting materials such as trees shrubs
turf aroundcover or other horticultural materials• as well as
non-living materials such as mulch synthetic turf.
hardscape or stone:
16
(dl Parkway -The portion of the Public Riaht-of-
Wav (PROW) bounded by the sidewalk and the street:
(e) Precipitation Rate -The rate at which water is
applied to the landscape by an irriaation svstem or waterina
device measured in inches per hour
fl Sprinkler-Anv waterina device which
distributes water by proiectina it into the air:
(al Turfarass -Anv plant listed as turfarass in
WUCOLS•
(h) Watering Device -Anv device for distribution
of pressurized water to landscapina:
i) WUCOLS -Water Use Classification of
Landscape Species published by the California Department
of Water Resources.
8.108.100 Reauirements
Prior to issuance of a building permit landscapina
and irriaation plans shall be submitted for review and
approval in a manner prescribed by this Code. No
Certificate of Occupancy nor final buildina permit shall be
issued until the landscapina and irriaation svstem has been
installed and demonstrated to operate in full compliance with
this Code.
17
(a) The desian and installation of all projects must
conform to the current edition of Guidelines for the Desian &
Construction of Water-Efficient Irriaation Systems in the City
of Santa Monica issued by the Director of Environmental and
Public Works Management (EPWM). These Guidelines shall
reflect and effectuate the purpose of this Subpart B and shall
include but not be limited to consideration of the following
elements: quality assurance. desian requirements. and
installation requirements. The Guidelines are intended to
reduce the amount of potable water used for landscape
irrigation in the Citv and to ensure that the potable water that
is used for landscape irrigation is used efficiently and
effectively.
(b) The maximum area permitted for turfgrass shall be
twenty percent of the total landscaped area on the site. The
landscaped area shall exclude building footprints and
impermeable hardscapes. but shall include the parkway if
any. Higher percentages may be permitted when turfgrass is
an essential component of the development approved in
writing by the Director of EPWM. Plants used in non-turf
areas rated as having high water needs for Region 3 in the
current edition of WUCOLS shall be counted as turfgrass for
18
this calculation. Alternative documentation of water use may
be presented for plants not listed in WUCOLS.
(c) Plants listed in the current Invasive Plant Inventory
for the southwest region by the California Invasive Plant
Council are not permitted..
(d) No sprinkler irrigation shall be permitted to be
located within eiahteen inches of anv impermeable
hardscape unless the hardscape is desianed and
constructed to drain entirely to landscaping.
(e) Irrigation systems must be designed and installed
in such a manner that a precipitation rate of 0.75 inches is
not exceeded in anv portion of the landscape.
(fl Fountains. ponds or other decorative water
features. excluding swimming pools_or spas shall have a
footprint of less than 25 square feet in area. Larger water
features shall be prohibited unless they are approved in
writing by the Director of EPWM All allowed water features
shall use a water recirculation system. All water sprayed
into the air from allowed water features must remain within
the water feature and shall not be allowed to spray or run
onto surrounding landscape or hardscape areas
(a) All newly planted trees shall be planted in
ermeable soil
19
Subpart C Construction and Demolition Material
Waste Management Plans
8.108.110 Definitions.
For the purposes of Subpart C of this Chapter, the
following definitions shall aaply:
(a) "Applicant" means anv individual, firm, limited
liability company. association, partnership, political
subdivision. government agency. municipality. Indust
public or private corporation, or any other entity whatsoever
who applies to the Gity for the applicable permits to
undertake any construction, demolition, or renovation project
within the City.
(b) "Class III landfill" means a landfill 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 anv
facility or structure or anv portion thereof including any
tenant improvements to an existing facility or structure.
20
(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 material,
ceramic the 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 ten percent of
the average weight of material separated for reuse received
by the facility over a one month period.
(fl "City-sponsored proiect" means a proiect
constructed by the City or a proiect receiving fifty percent or
more of its financing from the City.
~q) "Conversion rate" means the rate set forth in
the standardized conversion rate table approved by the City
21
pursuant to this Chapter 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.
(i) "Demolition" means the decimating, razing,
ruining, tearing down or wrecking of any facility, structure,
pavement or building, whether in whole or in part, whether
interior or exterior.
(k) "Disposal" means the final deposition of
construction and demolition or inert material, including but
not limited to:
(1) Stockpiling onto land of construction and
demolition material that has not been sorted for further
processing or resale if such stockpiling is for a period of
time greater than thirty 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
22
(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.
(p "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 percent of the total construction and demolition
material generated by a proiect 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 proiect.
(n) "Enforcement agency (EA)" means an
enforcement agency as defined in Public Resources Code
Section 40130.
(o) "Inert backfill site" means any location other
than an inert landfill or other disposal facility to which inert
materials are taken for the purpose of filling an excavation,
shoring, or other soils engineering operation.
(p) "Inert disposal facility/inert waste landfill"
means a disposal facility that accepts only inert waste such
23
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
rocessina 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 bond, money order, letter of credit,
24
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 mahufacturing 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 fifty percent of the total weight
of which consists of secondary and post-consumer material
with not less than ten 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
25
item but otherwise is refurbished for reuse without
substantial alteration of its form.
(x) "Recycling" means the process of collecting,
sorting cleansing, treating, and reconstituting materials for
the purpose of using the altered form in the manufacture of a
new product. Recvclinq does not include burning,
incinerating, or thermally destroying solid waste.
(v) "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 recvclinq,
reuse or storage for later recvclinq 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
26
of real economic value, and includes post-consumer
material but does not include excess virgin resources of the
manufacturing process. This material did not reach the
consumer prior to being recycled.
(dd) "Sediment" means soil and other material that
has been eroded and transported by storm or well
production runoff water.
(ee) "Separated for reuse" means materials, including
commingled recyclables, that have been separated or kept
separate from the solid waste stream for the purpose of
additional sorting or processing of those materials for reuse
or recvclina 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.
(ffl "Solid waste" as per Public Resources Code
Section 40191 means all putrescible and non-putrescible
solid. semisolid. and liauid 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
27
is not hazardous waste manure vegetable or animal solid
and semisolid wastes, and other discarded solid and
semisolid wastes. "Solid waste" does not include any of the
following wastes:
(1) Hazardous waste, as defined in PRC Section
40141;
(2) Radioactive waste regulated pursuant to the
Radiation Control Law (Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety
Code
(3) Medical waste regulated pursuant to the
Medical Waste Management Act (Part 14 (commencing with
Section 117600) of Division 104 of the Health and Safety
Code .
(qq) "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.
28
(ii) "Waste hauler" means a company that possesses
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.
(ii) "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 ornon-covered
rp oject•
(kk) "Waste management plan compliance official"
means the Director of Environmental and Public Works
Management or his or her designee.
8.108.120 Threshold for covered Proiects.
a) Private Proiects. All construction and
demolition Proiects the total costs of which are, or are
projected to be, fifty thousand dollars or greater, or are one
thousand square feet or greater ("covered Proiects") shall be
required to divert it at least sixty percent of all project-related
construction and demolition material in compliance with this
Chapter. Inert materials shall be excluded from calculatina
compliance with this requirement.
29
(b) Citv-Sponsored Proiects. All Citv-sponsored
construction demolition and renovation Proiects shall be
subject to this Chapter, and consequently, shall be
considered covered Proiects.
(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 protect.
8.108.130 Submission of a waste management
plan.
(a) WMP forms. Applicants for construction or
demolition permits involving a covered project shall complete
and submit a waste management plan (WMP), on a WMP
form approved by the City for this purpose, as part of the
application packet for the construction or demolition permit.
The completed WMP shall indicate- all of the following:
(1) The estimated volume or weight of the project
C&D material, by material tvpe, to be generated;
(2) The maximum volume or weight of such
materials that can feasibly be diverted via reuse or
recycling.;
30
(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 and inert
disposal facilities.
(b) Calculating Volume and Weight of Material. In
estimating the volume or weight of materials identified in the
WMP the applicant shall use the conversion rates approved
by the City for this purpose.
(c) Deconstruction. In preparing the WMP,
applicants for demolition permits involving the removal of all
or part of an existing structure shall consider deconstruction
("Deconstruction") to the maximum extent feasible, and shall
make the materials generated thereby available for salvage
prior to landfillinp. Deconstruction can be used to meet the
sixty-five percent diversion requirement provided it is
accounted for in the WMP.
(d) Salvaae Audit. Each applicant will be provided
information concerning a salvage audit and encouraged to
have a salvage audit conducted arior to commencing any
deconstruction
8.108.140 Performance security.
31
The proiect applicant shall submit a performance
security with the WMP. The amount of the performance
security shall be calculated at the rate of one dollar ($1.001
per sauare foot with aone-thousand dollar ($1.000.00)
minimum performance security reauired.
8.108.150 Review of WMP.
(al Approval. Notwithstanding anv other provisions
of this Code, no building or demolition permit shall be issued
for anv covered proiect 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 8.108.130.
(2) The WMP indicates that at least sixty-five
percent of all C&D material generated by the proiect will be
diverted or an exemption has been approved pursuant to
Section 8.108.170.
32
(3) The applicant has submitted an appropriate
performance security in compliance with Section 8.108.140.
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; or
(2) Return the WMP to the applicant marked
"Further Explanation Required."
If the applicant determines during the course of the
proiect that the estimated tonnage of material to be
generated and/or recovered from the proiect is substantially
different from the WMP applicant shall submit an addendum
to the original WMP.
33
8.108.160 Compliance with WMP.
(a) Documentation. Within thirty days after the
completion of any covered proiect, the applicant shall submit
to the WMP Compliance Official documentation that it has
met the diversion requirement for the proiect. 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 proiect;
(3) A copy of the previously approved WMP for the
proiect adding the actual volume or weight of each material
diverted and landfilled;
(4) Any additional information the applicant
believes is relevant to determining its efforts to comply in
good faith with this Chapter.
(b) Weighing of Wastes. Applicants shall make
reasonable efforts to ensure that all C&D material diverted or
landfilled are measured and recorded using the most
accurate method of measurement available. To the extent
practical, all C&D material shall be weighted by
34
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
35
should have been diverted according to the WMP. Any
portion of the performance security not released to the
applicant shall be forfeited to the City, and shall be used to
recover costs associated with sorting mixed C&D loads at
the City recvclinq 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
recvclinq center.
8.108.170 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 on the following considerations:
(1) Lack of storage space onsite;
(2) Contamination by hazardous substances;
36
(3) Low recyclability of specific materials.
The applicant shall indicate on the WMP the
maximum rate of diversion he or she believes is feasible for
each material and the specific circumstances that he or she
believes make it infeasible to comply with the diversion
requirement.
(b) Meeting with WMP Compliance Official. The
WMP Compliance Official shall review the information
supplied by the applicant and may meet with the applicant to
discuss possible ways of meeting the diversion requirement.
Upon request of the jurisdiction the WMP Compliance
Official may reauest 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 diversion
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
37
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 Exemptions and shall notify the
Building Department that the WMP has been approved.
(d) Denial of Exemption. If the WMP Compliance
Official determines that it is possible for the applicant to meet
the diversion requirement, he or she shall inform the
applicant in writing. The applicant shall have thirty days to
resubmit a WMP form in full compliance with Section
8.108.130. If the applicant fails to resubmit the WMP, or if
the resubmitted WMP does not comply with Section
8.108.130 the WMP Compliance Official shall deny the
WMP.
8.108.180 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 days of the date that such ruling is made. The
decision of the Hearing Examiner upon such appeal, relative
38
to anv matter within the jurisdiction of the WMP Compliance
Official, shall be final and shall not be appealable to the City
Council or to anv other City body or official.
8.108.190 Enforcement.
(a) The Director of the Department of
Environmental and Public Works Management, or his or her
designee, is authorized to enforce Sections 8.108.130
throu h 8.108.160 as follows:
(1) For the first failure to comply with the
provisions of Sections 8.108.130 throuah 8.108.160, the
Department of Environmental and Public Works
Management shall issue to the affected person a written
notice that includes the following information:
(i) A statement specifying the violation committed;
(ii) A specified time period within which the
affected person must correct the failure or 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 8.108.130 throuah 8.108.160
39
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 Citv Treasurer money
in the amount of any unpaid penalty due under this Section.
If as a result of the hearing it is determined that the penalty
was wrongly assessed, the City shall refund any money
deposited to the person. The decision of the Hearing
Examiner shall be final except for judicial review and shall
not be appealable to the Citv 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 8.108.130 through 8.108.160 was caused by the
40
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) Anv 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.
SECTION 2. Santa Monica Municipal Code Section 9.04.10.04.100 is amended
to read as follows:
9.04.10.04.100 Landscape maintenance and
protection.
(a) All landscaped areas shall be maintained in
accordance with the requirements set forth in Chapter 8.108
of this Code.
41
nn+rnller~ ~h.,ll ho r rerl C. nh b nn+inn 'nnln.Jec hnt is
~# 1'mi#erJ #n In... ..nL.me n nLler he.~rlc Grin omi#+oro nnrl
h II h r! f I' r! nrlor rl r' . nrl
42
4f-}(b) All landscaped areas shall be permanently
maintained and kept free of weeds, debris, and litter. All
plant materials shall be maintained in a healthy growing
condition and diseased or dead plant materials shall be
replaced, in kind, pursuant to the approved plans within thirty
days. Alternatively, diseased or dead plant materials may be
replaced with plant materials that have lower water needs,
as -rated in the current edition of the Water Use Classification
of Landscape Species published by the California
Department of Water Resources, or equivalent
documentation
/Lt If ..+ #hn 4'm of .,nnl'n.++'nn fnr ~ nn hffinn+o of
nnn n rfin.+l h~~'IrJ'n m'+'n nnt'nn +he r rniJ
I~+n.Jcn.. Winn 'c nn# vn# 'n nl.~nn #hn num.~r nhnil iiln uii+h 4hn
SECTION 3. Santa Monica Municipal Code Section 9.04.10.04.110 is amended
to read as follows:
43
9.04.10.04.110 Water conservation landscaping.
(a) All landscaped areas shall be maintained in
accordance with the requirements set forth in Chapter 8.108
of this Code.
rr ry_#n cw~h w~ ~~.-lc~~.n ll. ~Ii nc~ olnnnc r n~rrnu. r~oth~eiovc
~, .. ...... ...r.,.., .....r~.., .. ....... _.. ~.. _..... _~_.
44
SECTION 4. Santa Monica Municipal Code Chapter 7.60 is deleted in its
entirety.
SECTION 5. The Council finds that the adoption of this ordinance is exempt from
the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines
Section 15061(b)(3).
SECTION 6 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 7. 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 8. 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
45
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
' ~ ,r d
A HA JON MOUT
City Attorney t
46
Energy and Green Building Programs
1212 5th Street, First Floor
Santa Monica, CA 90401
(310) 455-8549 (phone)
(310) 395-2138 (fax)
GIY °i
5anla 17aniea'~
GREEN BUILDING MATERIALS LIST
Select at least one material from at least five of the following ten categories.
The material selected must be used for at least 50% of building square footage
or 100% of the fixtures. No substitutions allowed without plan re-submission.
1 Insulation
Blown-in cellulose minimum 75% recycled content
Greenguard-certified fiberglass, minimum 20% recycled
Rockwool minimum 75% recycled
Recycled denim/cotton insulation
Bio-based foam insulation
Other* Brand Cut Sheet attached?
2 Carpet and Carpet Pad
CRI Green Label carpet + minimum 15% recycled content carpet pad
Min. 25% recycled content carpet + minimum 15% recycled content carpet pad
Natural/ bio-based fibers + natural, bio-based or min. 15% recycled carpet pad
Carpet with manufacturer takeback + min. 15% recycled content carpet pad
Other* Brand Cut Sheet attached?
3 Renewable/ Recycled/ Certified Flooring
FSC-Certified wood floors
Bamboo/ Palmwood floors
Stained, finished concrete
floors
Cork
Linoleum (natural)
Minimum 50% recycled content the
Other* Brand Cut Sheet attached?
4 Paint
Zero Voc Paint, Greenseal or SCS certified
Recycled reprocessed paint min 20% recycled
Natural paints (lime-based, milk paint, natural clay)
Other* Brand Cut Sheet attached?
5 Interior wall materials
Minimum 10% recycled-content gypsum wallboard -
Compressed wheat orrice straw panels
Other* Brand Cut Sheet attached?
6 Structural
FSC certified lumber
Minimum 25% recycled-content structural steel
Minimum 15% fly ash or slag content concrete
Other* Brand Cut Sheet attached?
7 Foundation
8 Minimum 15% fly ash or slag concrete -
Other* Brand Cut Sheet attached?
8 Roof type/ materials
Energy Star rated cool roof
Green roof
Building integrated solar roof
Steel min 25% recycled
Aluminum min 20% recycled
Fiber composite min. 50% recycled
Rubber 100% recycled
Plastic orplastic-rubber composite 100% recycled
Wood/plastic composite 100% recycled
Cement min 15% fly ash or slag
Other* Brand Cut Sheet attached?
9 Cladding
Cladding materials with minimum 50% recycled content -
Cladding materials with minimum 50 year warranty (non-vinyl)
Other' Brand Cut Sheet attached?
10 Water Efficiency
Dual Flush Toilets
Waterless Urinals
High Efficiency Toilets (max 1.3 gallons per flush)
Water Sense rated front-loading clothes washer
Water Sense rated front-loading dish washer
Grey water system
Other* Brand Cut Sheet attached _
* Must be approved by the Director of Environmental and Public Works Management
in accordance with SMMC Section 8.108.030
~r
C iYp of
Santa Monica"
Environmental Programs Division
Water Efficiency Section
200 Santa Monim Pier Suite IC
Santa Monica CA 90401
37 0 J 458-8972
Clio oR $auin Men~in
x x,:xan:arw <nwr..in:n:
tc-~.-~•.s-ems .wry
Guidelines for fhe Design & Consirucfion of
Water-Efficient Irrigation Systems in the City of Santa Monica Revised 08/08/07
These requirements are published by the City of Santa Monica Environmental Programs
Division {SM~EPD). They are based on the Irrigation Association's Turf & Landscape
Irrigation Best Management Practices, 2005 edition and tailored to the ordinances, policies
and climate of the City of Santa Monica.
Quality Assurance
To assure That ahigh-quality irrigation system is designed and installed:
7. A qualified irrigation designer should design the system for the effitient distribution of
water based on the requirements of the Design Requirements below. °Qualified'~ means
certified, formally trained, licensed or other similar qualification.
2. A qualified contractor should be selected to install the irrigation system based
on the installation Guidelines below. The contractor should test the completed system to
verify that the system operates according to The design criteria.
3. The irrigation designer or landscape architect or landscape designer should perform
one or more site observations during system installation to check for adherence to the
design. The observation should inspect the installation of the badcfiow prevention
assembly, main line, laterals, valves, sprinkler heads, drip irrigation equipment, control
wire, controllers, and sensors and should assure that the intent of the irrigation designer
has been preserved.
Design Reauirements
To ensure that the irrigation system is designed to conserve water resources by efficiently
and uniformly distributing the water, the irrigation system designer should:
1. Obtain direct knowledge of site conditions and not rely solely on plot plans to
generate a design.
2. Meet alt applicable state and local codes including plumbing and electrical codes.
3. Specify manufacturer, model, type, and size of all components to eliminate ambiguity
at tonstruction and to facilitate management of the system. The selection of pipe,
electrical wire and other materials should be based on design parameters, environmental
conditions and code requirements.
4. Design the irrigation system to minimize installation and maintenance difficul#ies.
The selection and placement of irrigation components should anticipate the growth of
plants through a minimum three-year establishment period for shrubs and ten years for
trees.
Guidelines for the Design ~ Construction of = ~"
Water-Efficient Irrigation Systems in the City of Santa Monica 08/08107 2
5. Provide a complete irrigation design package to the owner of the system.
6. Calculate the maximum safe flow rate using the following #hree formulas, then use the
lowest resulting safe flow rate as the design flow rate:
a. The maximum allowable pressure loss through the meter should be less than
10% of the static pressure at the meter.
b. The maximum flow rate through the meter should not exceed 75% of the
maximum safe #low rate through The meter.
c. The velocity of water through the service line supplying the meter should not
exceed 7.5 feet per second (#ps).
7. Plan a system with an operational watering window of no more than 7 0 hours per day.
Match the system requirements to the site and consider site uses that may dictate different
irrigation durations and frequencies, a school campus for example.
8. Specify Cross-Connection Control devices as required by Section 7.T 2.370 of the Santa
Monica Municipal Code.
9. Specify metering devices that measure the total landscape water use separate from
other use for all projects where it is practical and economically feasible to do so.
10. Allow for a reduction in static pressure of up 10 pounds per square inch (psi) to
accommodate possible expansion in the supply network.
11. Specify pressure regulation wherever necessary to insure chat all irrigation devices
operate within the manufacturer's recommended pressure range.
i 2. Specify main and lateral pipe sizes that will result in The velocity of wafer moving
through these pipes at a rate not exceeding five fps.
13. for zones with drip irrigation conform to the current edition of SM~EPD's Guide to
Successful Drip Irrigation for Landsmpe Professionals.
14. Design the system and select components to achieve a minimum operational lower
quarter distribution uniformity {DUto) or emission uniformity (EU) as follows:
Type of Zone Type of UniFormity Minimum Uniformity
Spray DU~a 55%
Rotor DUiQ 70%
Drip Emission Uniformity 80%
15. Choose irrigation devices and design the irrigation system to jsositively prevent runoff
or overspray onto impermeable hardscape under all conditions regardless of wind or
possible equipment misalignment.
16. Design sprinkler head spacing with a minimum of head-fo-head coverage
(minimum 50% of diameter). Wind deroting, if used, should be based on wind criteria for
the time period that the system is normally operated.
Guideiiiaes for the Design & Construction of
Water-EfFc[ent Irrigation Systems in the City of Santa Monica 08/08/07 3
17. Assign separate station zones {hydrozones) to areas with dissimilar water or
scheduling requirements. For example; separate zones should be designed for trees,
shrubs, flowers, shady areas, sunny areas, drip irrigation and sprinklers.
18. Specify watering devices with a manufatturer's published precipitation rate less than
0.75 inches ~ hour. This applies to all devices: bubbler, drip, spray, microspray and rotor.
14. Locate sprinkler heads based on a thorough evaluation of physical, environmental,
and hydraulic site conditions, including wind. The design must not permit sprinklers to
overspray onto impermeable hardscape under any condition.
20. Specify drip irrigation for aEl zones planted in one-gallon or larger size.
21. Specify weather-based irrigation controllers (WBIC} based upon Irrigation Association
test results (http:~~www.irriaation.orq~SWAT~lndustry~ia-tested.aso) See
hito:/Jwww.smepd.org/landscape for more information on the use of WBICs in Santa
Monica.
22. Specify check valves wherever necessary to prevent low-head drainage.
23. Specify flow measurement equipment where practical and economically feasible.
2d. Specify systems to use graywater and/or captured rainwater for irrigation where
practical and economically feasible.
Installation Requirements
To ensure that the irrigation system is installed to conserve water resources by efficiently
and uniformly distributing the water, the irrigation system installer should:
1. Contact al[ appropriate utility companies prior io beginning installation, to locate
underground utilities including gas lines, electrical, telephone, cable, and so forth.
State laws require anyone who digs to notify utility companies before starting. The
installation should not be started until all underground utilities are located and marked.
2. Prioi to beginning installation, verify that the point of connection, flow rate, and static
and dynamic pressures meet design criteria.
3. Install Cross-Connection Control devices as required by Section 7.12.370 of the Santa
Monica Municipal Code.
4. Install the irrigation system according to the design specifications and manu#acturers
published performance standards.
5. Review planting plans prior to installation to minimize conflicts between larger plants
and irrigation equipment. Also review construction plans for conflicts between hardscape
and sprinkler head placement.
6. Inform the property owner and irrigation system designer of unusual or abnormal soil
conditions which may impact the design and management of The irrigation system.
Guidelines for the Design 8 Construction of
Water-Efficient Irrigation Systems in the City of Santa Monica 08/8/07 4
7. Furnish to the owner of the system an as-buift record set of drawings. Witfiin the
record set of drawings, describe the system layout and components intluding all
changes from the original design.
8. Test the irrigation system to verify thai it meets the design criteria.
9. After installation perform an irrigation audit using a procedure approved by the
Irrigation Association or the Irrigation Training and Research Center of California
Polytechnic State University. Provide the property owner with system specifications and a
performance summary report by station/zone that includes the plant type, soil type,
average root zone depth, precipitation rate, distribution or emission uniformity (DU~o/EU),
area square footage, target gallons per minute flow rate, recommended operating
pressure range, and maximum recommended cycle run time without runoff. Retain a
reference of each station/zone's DU~Q /EU, precipitation rate, operating pressure, and
flow rate at the controller.
10. Program the weather-based irrigation controller (WBIC) as required.
1 1. Explain To The property owner or his/her agent the location and operation of all
components of the system.
12. Provide the property owner or his/her agent with recommendations for operation of
the system for maximum water conservation and the importance of maintaining system
components according to the original design.
13. Provide the property owner or his/her agent with keys, tools, warranties and
operating instructions for all equipment.
Reference
Resolution No.
10282 (CCS).