R111971
City Council Meeting: September 10, 2019 Santa Monica, California
RESOLUTION NUMBER 11197 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL,
TOPOGRAPHICAL, AND ENVIRONMENTAL CONDITIONS PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17958.7 AND 18941.5
WHEREAS, the California State Building Standards Commission approved and
published the 2019 edition of the California Building Standards Code on July 1, 2019 ,
and such code will be effective 180 days thereafter, which is January 1, 2020; and
WHEREAS, the 2019 California Building Standards Code includes the 2019
California Energy Code and the 2019 California Green Buildings Code; and
WHEREAS, California Health and Safety Code Sections 17958.7, and 18941.5
provide that the City may make changes or modifications to the building standards
contained in 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, Section 101.7.1 of the 2019 California Green Building Standards
Code provides that for the purposes of local amendments to the 2019 California Green
Building Standards Code, local climatic, topographical, or geological conditions include
local environmental conditions as established by the City; and
WHEREAS, on or about September 20, 2016, the State of California enacted
Senate Bill (SB) 32, which added Health and Safety Code Section 38566 to require
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greenhouse gas emissions to be reduced to 40 percent below 1990 levels by no later
than December 31, 2030; and
WHEREAS, the City of Santa Monica is committed to reducing greenhouse gas
emissions in accordance with the United States’ original commitment to the Paris
Climate Accord; and
WHEREAS, consistent with its May 2019 Climate Action & Adaptation Plan
(“CAAP”), the City of Santa Monica is committed to establish ing requirements to
increase energy efficiency and the use of renewable energy, including in particular solar
energy, which will reduce demands for local energy and resources, reduce regional
pollution, and promote a lower contribution to greenhouse gases; an d
WHEREAS, based upon the findings contained in this Resolution, the City
Council will be adopting an ordinance making local amendments to the 2019 California
Energy Code and 2019 California Green Building Standards Code that are reasonably
necessary based upon local climatic, geological, topographical, and environmental
conditions; and
WHEREAS, cost effectiveness studies prepared by the California Statewide
Investor Owned Utilities Codes and Standards Program in conjunction with consultants
and cities (collectively known as the “Reach Code Team”), demonstrate that the local
amendments are cost-effective and do not result in buildings consuming more energy
than is permitted by the 2019 California Energy Code;
NOW, THEREFORE, the City of Santa Monica does resolve as follows:
SECTION 1. The City Council makes the following findings regarding local
climatic, geological, topographical, and environmental conditions related to the local
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amendments to the 2019 California Energy Code and 2019 California Green Building
Standards Code described in Section 2 below:
(a) Santa Monica is situated in Southern California, which has extreme arid
conditions and periods of severe drought. (Climatic and Environmental)
(b) The Master Environmental Assessment (“MEA”) adopted in April 1996,
shows that Santa Monica’s climate is primarily influenced by the Pacific Ocean and is
characterized by infrequent rainfall and winds. The winds originate from the west during
the day and from the north and northeast during the night. Further, intermittent Santa
Ana winds conditions occur from Septembe r to March allowing conditions that create
the potential for high velocity winds with high temperatures. In addition, the region is
within a climate system capable of producing major wind, fire, and rain -related
disasters, including but not limited to those caused by the Santa Ana winds and El Nino
(or La Nina) subtropical-like weather. (Climatic and Environmental)
(c) The greater Los Angeles region, including Santa Monica, is a densely
populated area having buildings constructed within a region where env ironmental
resources are scarce due to varying and occasional immoderate temperatures and
weather conditions. This local condition also challenges the demand and need for
energy resources from the local utilities. (Climatic and Environmental)
(d) Intermittent, immoderate climatic conditions due to wind, fog, rain,
heatwave and humidity cause a higher demand for energy resources and greater needs
(i) for energy conservation through the construction of building systems and equipment
usage and (ii) to supplement building electrical systems with renewable energy sources.
(Climatic and Environmental)
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(e) Where climatic conditions in Santa Monica create demands for higher
usage of energy and natural resources, measures that allow conservation and
efficiencies in construction will promote practices to achieve these goals. (Climatic and
Environmental)
(f) As set forth in the CAAP, as a result of climate change, extreme heat
events in California and the Los Angeles region are becoming more frequent, more
intense, and longer lasting, with the trend expected to continue as climate change
worsens. Extreme heat can exacerbate heat-related illnesses and deaths, particularly
among vulnerable populations such as the homeless, elderly, infants, and individuals
with chronic illnesses, while also affecting communities indirectly through energy
disruption and spikes in energy prices, impacting affordability. (Climatic and
Environmental)
(g) As also set forth in the CAAP, climate change is likely to alter rainfall
patterns, increasing the variability in the already wide swings in precipitation from year
to year, with even wider fluctuations between wet years and dry years, and increased
duration and severity of droughts. As a result, the City of Santa Monica is likely to be
subject to more severe weather events, including droughts as well as more intense
storms that increase the risks of wildfire, erosion, overland local flooding and landslides.
(Climatic and Environmental)
(h) As noted in the December 2018 Sustainable Water Master Plan Update
(“SWMP”), Santa Monica currently receives approximately 70-75% of its water from
ground water sources beneath the City. As noted in the Safet y Element of Santa
Monica’s General Plan, adopted in January 1995, subsidence, as well as saltwater
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intrusion has occurred along coastal areas to the south of the City, though, to date, no
subsidence or saltwater intrusion has been reported within the City. (Geological and
Environmental)
(i) As noted in the SWMP, climate change is expected to test the City’s ability
to sustainably manage its water resources. In particular, if current projections of climate
change caused sea level rise are proven to be accurate, saltwater intrusion may be
expected to change the quality of the shallow groundwater zones immediately adjacent
to the coast and those low-lying areas where wave run-up would likely be higher.
Failure to address and significantly reduce greenhouse gas (“GHG”) emissions could
result in exacerbated rises in sea level, increasing the risk posed by saltwater intrusions
to shallow groundwater along the coast and potentially posing a risk of saltwater
intrusion that would affect even the more inland wel lfields from which the city draws the
majority of its groundwater. (Climatic and Environmental)
(j) As noted in the CAAP, if current projections of climate change caused sea
level rises are proven to be accurate, miles of transportation and public and private
utilities infrastructure, beaches, homes, and businesses bear some risk from sea level
rise and coastal flooding. Failure to address and significantly reduce GHG emissions
could result in exacerbated rises in sea level that could put even more San ta Monica
homes, businesses, and public facilities at risk from sea level rise and coastal flooding .
(Climatic and Environmental)
(k) As noted in the CAAP, in February 2019, the Clean Power Alliance of
Southern California started serving Santa Monica re sidents with electricity sourced from
a higher content of renewable energy sources, with the result that as of May 2019 Santa
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Monica residents and businesses receive a default 100% renewable electricity.
(Climatic and Environmental)
(l) The local amendments to promote all-electric construction and require
increased efficiency for mixed-fuel construction will increase energy efficiency and the
use of renewable energy, which will reduce demands for local energy and resources,
reduce regional pollution, promote a lower contribution to GHG emissions, and increase
resilience to ongoing climate change. (Climatic and Environmental)
(m) The local amendments requiring Certificates of Compliance to be
prepared and signed by a Certified Energy Analyst will provide greater certainty that
representations regarding building compliance with energy and green building
standards are accurate, and in doing so will increase energy efficiency and the use of
renewable energy, which will reduce demands for local energy and resources, reduce
regional pollution, promote a lower contribution to GHG emissions, and increase
resilience to ongoing climate change. (Climatic and Environmental)
(n) The local amendments requiring solar thermal or electric heat pump pool
heating systems will increase energy efficiency and the use of renewable energy,
including in particular solar energy, which will reduce demands for local energy and
resources, reduce regional pollution, promote a lower contribution to GHG emissions,
and increase resilience to ongoing climate change. (Climatic and Environmental)
(o) The local amendments requiring solar photovoltaic installations for major
additions will increase energy efficiency and the use of renewable energy, including in
particular solar energy, which will reduce demands for local energy and resources,
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reduce regional pollution, promote a lower contribution to GHG emissions , and increase
resilience to ongoing climate change. (Climatic and Environmental)
(p) The greater Los Angeles region, including Santa Monica, is a densely
populated area having buildings and structures constructed over and near a vast array
of fault systems capable of producing major earthquakes, including but not limited to the
1994 Northridge Earthquake. (Geological and Environmental)
(q) Existing lots in the City of Santa Monica may be located on hilly terrain
with slopes that create grading, drainage, foundation, infrastructure, utility and
emergency access challenges. (Topographical)
(r) The Safety Element of Santa Monica’s General Plan, adopted in January
1995, shows that Santa Monica is an area at high risk of seismic activity due to, among
other fault systems, the Santa Monica, Newport-Inglewood, and San Andreas fault
systems, the close proximity of which increases the likelihood of seismic disturbances of
substantial magnitude. As the Safety Element notes, one risk posed by seismic
disturbances is to natural gas pipelines that extend through areas of high liquefaction
potential, cross active or potentially active faults, or traverse areas that may settle
differentially during an earthquake. (Geological and Environmental)
(s) The local amendments to promote all-electric construction and require
increased efficiency for mixed-fuel construction will reduce the potential for gas leaks,
explosions, and fires, and so limit or reduce property damages during a seismic event.
(Geological and Environmental)
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SECTION 2. The City Council expressly finds that the following modifications
and changes to the 2019 California Energy Code and 2019 California Green Building
Standards Code are reasonably necessary because of the local geological, climatic,
topographical, and/or environmental conditions, and that the local conditions detailed in
Section 1 above apply to the following modifications and changes to the 2019 California
Energy Code and 2019 California Green Building Standards Code, as follows:
No. Municipal
Code
Section(s)
Amendment Summary Justification
from
Section 1 of
this
Resolution
Local
Conditions
1 8.36.015 &
8.36.020
If pursuing a mixed-fuel pathway,
all new low-rise residential
buildings shall meet all the
requirements for mixed-fuel
designs as specified for
CalGreen Tier 1 under 2019
California Green Building
Standards Code, Title 24, Part
11, Appendix A4 Residential
Voluntary Measures Division
A4.203 –Performance Approach
for Newly Constructed Buildings.
For all new low-rise residential
buildings, the Certificate of
Compliance described in Section
10-103 of the California Building
Energy Efficiency Standards
shall be prepared and signed by
a Certified Energy Analyst (CEA)
as the Documentation Author.
(a) through
(m), (p)
through (s)
Climatic,
Geological,
Topographical,
Environmental
2 8.36.015 &
8.36.030
If pursuing a mixed-fuel pathway,
all new non-residential buildings
shall be designed to use ten
percent less energy than the
allowed energy budget
established by the
2019 California Energy Code.
(a) through
(m),
(p) through (s)
Climatic,
Geological,
Topographical,
Environmental
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No. Municipal
Code
Section(s)
Amendment Summary Justification
from
Section 1 of
this
Resolution
Local
Conditions
If pursuing a mixed-fuel pathway,
all new high-rise residential
buildings, hotels, and motels
shall be designed to use five
percent less energy than the
allowed energy budget
established by the
2019 California Energy Code.
For all new non-residential, high-
rise residential, hotels and motel
buildings, the Certificate of
Compliance described in Section
10-103 of the California Building
Energy Efficiency Standards
shall be prepared and signed by
a Certified Energy Analyst as the
Documentation Author.
3 8.36.030(c) The minimum solar photovoltaic
system required for all new high-
rise residential, non-residential,
and hotel and motel buildings is 2
watts per square foot of the
building footprint.
(a) through
(k), (o)
through (s)
Climatic,
Geological,
Topographical,
Env ironmental
4 8.106.055
(adding
4.201.3)
For new pool construction (low-
rise residential), if the pool is to
be heated, an electric heat pump
water heater or a solar thermal
system shall be used.
(a) through
(k), (n),
(p) through (s)
Climatic,
Geological,
Topographical,
Environmental
5 8.106.080
(adding
5.201.3)
For new pool construction (non-
residential, high-rise residential,
hotels and motels), if the pool is
to be heated, an electric heat
pump water heater or a solar
thermal system shall be used.
(a) through
(k), (n),
(p) through (s)
Climatic,
Geological,
Topographical,
Environmental
6 8.106.055
(adding
4.201.4)
All major additions to one and
two-family dwellings are required
to install a solar electric
photovoltaic (PV) system 1.5
(a) through
(k), (o)
through (s)
Climatic,
Geological,
Topographical,
Environmental
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No. Municipal
Code
Section(s)
Amendment Summary Justification
from
Section 1 of
this
Resolution
Local
Conditions
watts per square foot of the
addition.
7 8.106.055
(adding
4.201.5)
All major additions to multi-family
dwellings are required to install a
solar electric photovoltaic (PV)
system with a minimum total
wattage 2.0 times the square
footage of the footprint of the
addition.
(a) through
(k), (o)
through (s)
Climatic,
Geological,
Topographical,
Environmental
8 8.106.080
(adding
5.201.4)
All major additions to non-
residential, high-rise residential,
and hotel and motel buildings are
required to install a solar electric
photovoltaic (PV) system with a
minimum total wattage 2.0 times
the square footage of the
footprint of the addition.
(a) through
(k), (o)
through (s)
Climatic,
Geological,
Topographical
Environmental
SECTION 3. 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:
________________________
LANE DILG
City Attorney
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Adopted and approved this 10th day of September 2019.
__________________________
Gleam Davis, Mayor
I, Nikima S. Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11197 (CCS) was duly adopted at a meeting of the
Santa Monica City Council held on the 10th day of September 2019, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Himmelrich, Jara, Winterer
Mayor Davis, Mayor Pro Tem O’Day
None
Councilmembers McKeown, Morena
ATTEST:
_____________________________________
Nikima S. Newsome, Assistant City Clerk
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