O2165
F :\atty\muni\laws\barry\energycodeamend20052d-1. doc
City Council Meeting 8-9-05 Santa Monica, California
ORDINANCE NUMBER 2165 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 8.44.050 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO FIRE SPRINKLER REQUIREMENTS IN EXISTING BUILDINGS;
AMENDING CHAPTER 8.108 GREEN BUILDING STANDARDS AND
AMENDING CHAPTER 8.36 ENERGY CODE OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO ADOPTION OFTHE 2005 CALIFORNIA ENERGY CODE AND
RELATED GREEN BUILDING DESIGN AND CONSTRUCTION STANDARDS;
AMENDING CHAPTER 8.32 OF THE SANTA MONICA MUNICIPAL CODE TO PERMIT
THE USE OF NON.WA TER-USING URINALS AS PLUMBING FIXTURES; .
AMENDING SECTION 8.08.170 RELATED TO SANDBLASTING REGULATIONS;
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 8.08.060 PERMIT
APPLICATION, EXTENSION AND RENEWAL TO REMOVE APPLICATION EXTENSION
PROVISIONS AND EXTEND THE TIME TO OBTAIN A PERMIT FOR ALL CATEGORIES
WITH ADDITIONAL TIME FOR PERMIT APPLICATIONS SUBJECT TO THE
CONSTRUCTION RATE PROGRAM OF SANTA MONICA MUNICIPAL CODE SECTION
9.04.10.02.450;
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.08 REPORT OF
RESIDENTIAL BUILDING RECORDS TO REMOVE RETURN REQUIREMENTS OF
SIGNED DOCUMENTS AND ADD STATE MANDATED LANGUAGE FOR SCOPE AND
NONCOMPLIANCE
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 704.610
SEWER CAPPING RELATED TO TRANSFER OF INSPECTION AUTHORITY
WHEREAS, on October 8, 2002, the City Council adopted Ordinance Number 2054
(CCS), which adopted by reference certain Technical Codes, the Santa Monica local
amendments to these Technical Codes and the California Building Standards Code; and
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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
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, the City Council has considered the 2001 edition of the California
Building, Energy and Plumbing Codes, which incorporates by reference the 1997 edition
of the Uniform Building Code and the 2000 edition of the Uniform Plumbing Code
respectively, and all of the referenced standards, tables, matrices and appendices of
these codes; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications and
additions to the California Building, Energy and Plumbing Codes are reasonably
necessary based upon local climatic, topographical and geological conditions; and
WHEREAS, in July of 2005, the State Building Standards Commission approved
and published the 2005 edition of the California Energy Code with an effective date of
October 1,2005; and
WHEREAS, in June 2000, the City submitted proposed local energy standards and
documentation that the new standards will produce cost effective energy savings that are
no less restrictive than the current edition of the California Energy Code and such
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additional local requirements were approved by the California Energy Commission as
required by law; and
WHEREAS, based upon the findings contained in its previously approved cost
effective study, the City Council has found that certain modifications and additions to the
2005 California Energy Code remain reasonably necessary based upon cost effective
considerations to preserve natural resources and promote additional energy conservation
measures beyond those found in the 2005 California Energy Code; and
WHEREAS, a number of conditions exist that have reduced the long-term reliability
of adequate water supplies for the City and the region, due in part to the limited rainfall
and recurring droughts in Southern California and the West; and
WHEREAS, the City of Santa Monica currently imports approximately ninety
percent of the potable water it provides to its residential, commercial and institutional
water customers from the Sacramento Bay-Delta and Colorado River; And
WHEREAS, the City of Santa Monica adopted the Sustainable City Plan, which
recommends a twenty percent water demand reduction by the year 2010 through water
conservation programs; and
WHEREAS, the City signed a memorandum of agreement with the California Urban
Water Conservation Council in 1991 to meet best management practices including
offering financial incentives and installations of water-efficient devices for residential,
commercial and industrial water customers; and
WHEREAS, the City has an interest in the evaluation of, and when appropriate,
installation of innovative and reliable water-saving devices to make a significant
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contribution to achievement of the City's Sustainable City Plan goal of a 20% reduction in
city-wide water demand; and
WHEREAS, non-water-using urinals require no flush water to operate and industry
studies suggest that each such urinal can save up to 40,000 gallons of water per year;
and
WHEREAS, for over ten years, non-water-using urinals from various manufacturers
have been installed at many locations throughout the United States and Europe; United
States Federal Government, Executive Order 13123 requires federal agencies to use
Water conserving fixtures as part of their Best Management Practices, including non-
water-using urinals; the State of California, Department of State Architect, has established
criteria for use of non-water-using urinals in all State buildings including schools; the
States of Arizona and Oregon have already amended their plumbing code to allow the use
of non-water-using urinals; and
WHEREAS, the City's Building and Safety Officer has recently granted alternate
method of construction approvals for the use of these urinals on a case-by-case basis as
permitted by existing code provisions in new and existing City facilities and the City
desires to modify the existing plumbing code to allow the use of non-water-using urinals
on a more widespread basis (private and public) in Santa Monica so that individual
approvals are no longer required; and
WHEREAS, exposure to lead can adversely affect public health and safety from
hyperactivity, irritability, sleeplessness, lack of concentration, behavioral problems, and
learning disabilities in mild exposures to hearing problems, headaches, nausea, vomiting,
abdominal pain, loss of appetite, constipation, muscle soreness, anemia, neurological
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impairments such as stumbling or loss of concentration, seizures, encephalopathy, and
coma in heavy concentrations; and
WHEREAS, in recent years there has been increasing concern from exposure to
lead from paint, the Center For Disease Control (CDC) recently stated that there is no
evidence of a threshold blood lead level in children below which adverse effects are not
experienced and state law declares that childhood lead exposure represents the most
significant childhood environmental health problem in the state today; and
WHEREAS, the City of Santa Monica wishes to provide adequate protection for its
citizens, residents, and visitors of all ages from the exposure of lead hazards during
abrasive blasting activities by requiring adequate testing of materials containing lead
hazards and certification of persons performing abrasive blasting work; and
WHEREAS, the City of Santa Monica strives to have a permit process that is fair,
reasonable and predictable; and
WHEREAS, many applicants fail to obtain a building permit under the current time
frame; and
WHEREAS, almost all current applicants that request an extension of time to obtain
their building permits are properly granted such extension under existing standards, which
gives in affect two years to obtain a demolition permit for a project subject to the
replacement project requirements of Section 9.04.10.16.010 and approximately one year
to obtain all other permits; and
WHEREAS, current mupicipal code provisions exist that extend the time for City
approvals and permits necessary to commence projects subject to the construction rate
,-
program of Santa Monica Municipal Code Section 9.04.10.02.450; and
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WHEREAS, the City desires to harmonize these provisions with the existing
requirements for allowable time to obtain a building pennit and use of current building
standards on permits that do not start work within 180 days of issuance; and
WHEREAS, the City wishes to increase operational efficiency and reduce
unnecessary review and approval of permit extension requests that are normally granted
under current regulations and grant additional time to applicants for building permits to
obtain their pennits without the filing of additional paperwork and requests while still
maintaining a reasonable time period for when projects must comply with newer
community standards: and
WHEREAS, pursuant to Article 6.5 (Commencing with Section 38780), Chapter 10,
Part 2, Division 3, Title 4 of the Government Code of the State of California, a city by
ordinance may provide that prior to the sale or exchange of any residential building, the
owner or his/her authorized agent shall obtain from the city a report of the residential
building record showing the regularly authorized use, occupancy, and zoning
classifications of such property; and
WHEREAS, such state law requires the inclusion of certain language for the failure
to provide such a report and defines exceptions to these requirements; and
WHEREAS, the City of Santa Monica has adopted such an ordinance to provide
buyers with important information related to City records and requirements; and
WHEREAS, the City desires to make necessary changes mandated by state law
and eliminate the unique requirement for the return of the report signed by the buyer and
clarify the six month validity of the information:
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WHEREAS, the City wishes to simplify its construction inspection activities where
appropriate to improve customer service and operational efficiency and such an
opportunity for improvement currently exists in the inspection of sewer capping related to
demolition permits:
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOllOWS:
SECTION 1. Chapter 8.44.050 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.44.050 Requirements for automatic fire extinguishing and protection
sprinkler systems.
(a) When Required. An approved automatic fire sprinkler system shall be installed
as set forth in this Chapter under the following conditions:
(1) In all newly constructed buildings, without regard to floor area or area
separation walls except detached one-story two-car residential garages (including minor
accessory uses such as laundry areas or bathrooms under one hundred square feet)
provided that the new garage is located a minimum of six feet away from any other
building on the same lot.
(2) Throughout any existing building, when there is a change in occupancy
classification to a more hazardous Division, as shown in Table 8.44-A below or as
determined by the Fire Chief, in 33% or more of the existing building floor area within
three calendar years.
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TABLE 8.44-A1
DEGREE OF OCCUPANCY HAZARD
Rank Occupancv Class
1. Groups E and I
2. Groups A. Divisions 2 and 2.1
3. Group R, Division 1 and Group A, Division 3
4. Group H, Divisions 1, 2 and 6
5. Group H, Division 3, 4, 5, 7 and 8
6. Groups B, F, and M; Group S, Divisions 1 and 2
7. Group S, Divisions 3, 4 and 5
8. Group R, Division 3
9. Group U, Division 1
1To use the table - Step 1. Find the existing Occupancy Classification or Division
in the Occupancy Class column. Step 2. If the new Occupancy Classification or Division is
ranked above the existing class, then the entire building requires a full automatic fire
sprinkler system.
(3) Throughout any existing building greater than one thousand square feet,
whenever more than fifty percent cumulative, of the existing floor area, including
mezzanines, is added to within three calendar years.
(4) Throughout any existing building one thousand square feet or less, whenever
more than seventy five percent cumulative, of the existing floor area, including
mezzanines, is added within three calendar years.
(5) Throughout any existing building greater than one thousand square feet,
whenever more than fifty percent of the interior and exterior walls and ceilings are
exposed.
(6) Throughout any eXisting building one thousand square feet or less, whenever
more than seventy five percent of the interior and exterior walls and ceilings are exposed.
(7) Throughout any existing building other than a single family dwelling, whenever
an additional story is added.
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(8) Throughout any single family dwelling greater than one thousand square feet,
whenever an additional story is added and the new floor area for the additional story
increases the existing floor area by more than thirty-three and one-third percent.
(9) Throughout any single family dwelling one thousand square feet or less,
whenever an additional story is added and the new floor area for the additional story
increases the existing floor area by more than fifty percent.
(10) Throughout any existing building or structure determined to be used primarily
for public assembly more than five thousand square feet in total floor area. This
subsection shall not apply to buildings or structures with an approved full automatic fire
sprinkler system or to churches and theaters with fixed seating.
(11) Throughout the entire floor of any existing non-residential building equipped
with a partial fire sprinkler system whenever more than fifty percent of the floor space is
altered or reconfigured.
(b) Exceptions. The requirements of subsection (a) above shall not apply to:
(1) Hospitals as defined in Health and Safety Code Section 1250.
(2) Buildings used exclusively as open parking garages.
(3) Buildings such as power plants, lookout towers, steeples. grain houses, and
similar structures with noncontinuous human occupancy only when so determined by the
Fire Chief.
(4) Buildings owned by any public agency or school district.
(c) When a fire sprinkler system is required in any building that does not have a
designated occupant and use at the time fire sprinkler plans are submitted for approval,
the system shall be designed and installed to deliver a minimum density of not less than
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that required for Ordinary Hazard, Group 2, with a minimum design area of not less than
three thousand square feet.
When a subsequent change in occupancy classification requires the fire sprinkler
system to deliver a higher minimum density, it shall be the responsibility of the building
Owner to upgrade the system to the required density for the new use.
SECTION 2. Section 8.080.170 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.08.170 Abrasive Blasting Regulations.
(a) Purpose. The purpose of this Section is to establish minimum standards for
abrasive blasting; to safeguard property and public welfare; and to reduce human
exposure to noxious materials such as lead and asbestos.
(b) Definitions. The following words or phrases, as used in this Section shall have
the following meanings:
Abrasive material is any material used in an abrasive blasting operation including
but not limited to sand slag, steel shot, garnet or walnut shells.
Abrasive Blasting is the cleaning or preparing of a surface by forcibly propelling a
stream of abrasive material against the surface.
Certified Lead Inspector/Assessor means an individual who is currently certified in
accordance with CCR Title 17 S35005.
Certified Lead Project Designer means an individual who is currently certified in
accordance with CCR Title 17 S35006.
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Certified Lead Project Monitor means an individual who is currently certified in
accordance with CCR Title 17 g35007.
Certified Lead Supervisor means an individual who is currently certified in
accordance with CCR Title 17 935008.
Certified Lead Worker means an individual who is currently certified in accordance
with CCR Title 17935009.
lead-Contaminated Dust means lead-contaminated dust as defined pursuant to
CCR Title 17935035.
Lead-Contaminated Soil means lead-contaminated soil as defined pursuant to CCR
Title 17 g35036.
Lead Hazard means lead hazard as defined pursuant to CCR Title 17935037.
lead-Related Construction Work means lead-related construction work as defined
pursuant to CCR Title 17 935040.
(c) Permit Required. No person shall do any exterior abrasive blasting sandblasting
within the City without first obtaining a permit. A permit shall be required for each separate
work location or contractor. A permit issued pursuant to this Section shall require
compliance with all local, state, and federal regulations, including but not limited to waste
disposal, urban runoff control, and asbestos emission control per the South Coast Air
Quality Management District Rule 1403.
(d) Application. To obtain a permit, the applicant shall file an application with the
Building Officer. Each application shall state the location, name and address of the
responsible party, estimated times abrasive blasting will take place, amount of insurance
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for property damage and public liability that the applicant carries, the name of the
insurance company issuing the policy and the contractor qualifications.
(e) Required Test Submittal Documents. Each application for abrasive sandblasting
shall also include a determination of the lead content of each surface(s} to be abraded and
shall be made by a Certified Lead Inspector/Assessor. This determination shall be based
on a representative sample of paints chips. Samples shall be collected in accordance with
a sampling plan developed for each separate work location. Samples shall be analyzed by
a laboratory currently accredited by the State of California Department of Health Services
- California Environmental Laboratory Accreditation Program (ELAP). Analysis of surface
coatings and materials shall be performed in a manner that meets the requirements of
subsection (d}(9) and subsection (n)(4) of Title 8 California Code of Regulations Section
1532. 1
(f) Qualifications. Where the lead content of a surface(s) is below 600 parts per
million (ppm), the contractor shall be required to have a California State Licensing Board
license with a specialty contractor classification C61 (038 Sand and Water Blasting) per
CCR Title 16, Division 8, Article 3.
Where the lead content of surface(s) is 600 ppm or greater the contractor shall be
required to have a California State Licensing Board license with a specialty contractor
classification C61 (038 Sand and Water Blasting) per CCR Title 16, Division 8, Article 3.
In addition, individuals who perform all work including the preparation of the work plan,
abatement, and clearance shall be properly qualified in accordance with CCR Title 17,
Division 1, Chapter 8, Article 1, Section 35001 et seq. Lead abatement plans shall be
prepared by a Ce.rtified Lead Project Designer or Lead Project Monitor; lead abatement
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work shall be performed by a Certified Lead Supervisor(s) and Certified Lead Worker(s).
All clearance work shall be performed by a Certified Lead Inspector(s)/Assessor(s) or a
Certified Lead Project Monitor(s}.
(g) Lead Hazard. No person shall perform lead-related construction work on any
surface in a manner that creates a lead hazard pursuant to California Health and Safety
Code 9105255 (a). Where lead concentrations in paint are 600 ppm or greater and
abrasive blasting has been performed, a clearance inspection shall be performed by a
Certified Lead Inspector/Assessor. In no case following abrasive blasting shall residual
soil concentrations of lead exceed 400 ppm, unless a prior determination established a
background lead concentration in soil above 400 ppm, in which case no residual soil
concentration of lead shall exceed the background levels.
(h) Noise Restrictions. Abrasive blasting shall comply with the noise standards of
Municipal Code Section 4.12.110.
(i) Dry Sandblasting Limits. No dry abrasive blasting shall be permitted except upon
special permission of the Building Officer. Permission shall be granted only in those
situations where wet abrasive blasting cannot be done due to unique circumstances. Any
application for dry abrasive blasting shall state thereon the reasons why wet abrasive
blasting cannot be used and the additional precautions that will be taken to protect the
public.
(j) Notice Prior to Abrasive Blasting. A minimum of three days notice shall be given
to owners, tenants and occupants of all structures within one hundred fifty feet of the site
on which abrasive blasting is to be done.
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(k) Additional Requirements. At the Building Officer's discretion, restrictions in
addition to the standards set forth in this chapter may be imposed on a case-by-case
basis, when such additional restrictions are necessary to protect the public health and
safety.
SECTION 3. Section 8.32.060 is hereby added to the Santa Monica Municipal
Code is to read as follows:
8.32.060 Non-Water-Using Urinals As Plumbing Fixtures.
(a) Purpose. This section is intended to promote the efficient use of water as a
natural resource and reduce the local need for reliance on imported water for daily
consumption.
(b) Scope. Notwithstanding any California Plumbing Code requirements to the
contrary, this section establishes voluntary standards for the use of non-water-using
urinals as plumbing fixtures in all occupancies and types of construction throughout the
City.
(c) Definitions.
Non-water using urinals are urinal plumbing fixtures designed to receive and
convey only liquid waste (urine) through a trap seal and into the gravity drainage system
without the use of water for such function.
(d) Material Standards. Fixtures shall be manufactured in compliance with the
requirements for ASME A112.19.2M-1998, American National Standard for Vitreous China
Plumbing Fixtures, American Society of Mechanical Engineers or ANSI Z124.9-1994,
American National Standard for Plastic Urinal Fixtures, American National Standards
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Institute. Fixtures shall be permanently marked with the manufacturer's name and model
number or description.
(e) Testing and Listing Requirements. Testing laboratories and test reports shall
comply with ICC Acceptance Criteria for Test Reports (AC85) and Section 4.2 of the ICC-
ES Rules of Procedure for Evaluation Reports. Reports of tests showing conformance of
the units to the material standards shall be submitted for approval by an approved testing
agency. Evaluation shall use the ICC Evaluation Guideline EG267, Evaluation Guideline
for Non-water-using Urinals Used as Plumbing fixtures, effective September 1, 2004 for
review criteria.
Non-water-using urinals approved under an ICC Evaluation Service, Inc (ICC-ES)
evaluation report shall be considered to comply with the requirements of this subsection.
(e) Installation and Maintenance. Fixtures shall be installed and maintained in
accordance with the manufacturer's instructions, any recognized listing or approval
requirements and all other applicable provisions of the California Plumbing and California
Building Code. Potable water supply shall be provided but not connected to each fixture
location. The owner of the building shall provide and maintain a maintenance log near the
fixture that records the frequency of seal and trap replacements. Such maintenance log
shall be available during operating hours for inspection by the Building Officer.
SECTION 4. Chapter 8.36 of the Santa Monica Municipal Code is hereby amended
to read as follows:
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8.36.010 Adoption.
That certain document entitled "2005 Building Energy Efficiency Standards-
Standards for Residential and Nonresidential Buildings" which incorporates Part 6 of Title
24 and Article 1 of Part 1 of the California Code of Regulations, as published by the
California Building Standards Commission and the California Energy Commission is
hereby adopted as the Energy Code of Santa Monica, subject to the provisions of Chapter
8.108 Green Building Design and Construction Standards.
SECTION 5. Chapter 8.108 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 8.108 GREEN BUILDING DESIGN AND CONSTRUCTION
STANDARDS
8.108.010 Purpose.
The green building design and construction standards established in this chapter
are intended to reduce human exposure to noxious materials; conserve non-renewable
energy and scarce materials; minimize the ecological impact of energy and materials
used; use renewable energy and materials that are sustainably harvested; and protect 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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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 50 percent of their replacement cost
as determined by Section 8.84.040 except (a) one-and-two-family dwellings and their
accessory structures and (b) qualified historic buildings as defined in the State Historical
Building Code (Title 24, Part 8).
8.108.030 Use of Recycled Construction Materials.
All new buildings subject to the provisions of the chapter shall be built with a
minimum of four major construction materials that have a post-consumer recycled content
that meets the Environmental Protection Agency (EPA) recycled content guidelines as set
forth in the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials (CPG) and the Recovered Materials Advisory Notices (40 CFR Part 247), or any
successor publication. Building and Safety Division shall maintain copies of the most
recent guidelines issued by the EPA. Major construction materials are those materials that
serve a structural, partitioning or finishing function throughout the building or cover more
than one-half of the floor, roof or wall surfaces.
8.108.040 Additional Mandatory Features.
All buildings subject to the provisions of the chapter shall comply with the following
standards:
(a) Solar Water Heating. Solar collectors shall be the primary source to heat
swimming pool water and to preheat industrial process water, including but not limited to,
car washes and laundries.
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(b) Pipe Insulation. All hot water distribution and recirculating system piping shall be
thermally insulated from the heater to the end-use fixtures. Pipe insulation shall have R-
value equal to R-4 for piping 2 inches or less in diameter and R-6 for larger piping. The R-
value specified shall not be exceeded.
(c) 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. Bent piping for heat traps shall have a minimum external diameter of
twelve inches.
Section 8.108.050 Priority Plan Check Processing for LEED Certified
Buildings.
(a) New buildings and existing buildings repaired, altered or rehabilitated in an
amount exceeding 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
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,
.
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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.
SECTION 6. Section 8.08.060 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.08.060 Permit Application.
(a) Application. To obtain a permit, the applicant shall first file an application in
writing on a form furnished by the Building Officer for that purpose. Every such application
shall identify and describe the work to be covered by the permit for which each application
is made, the responsible party for the work and such othef information that the Building
Officer may require to show conformance to applicable laws and regulations. When an
architect or engineer prepares or is required to prepare submittal documents, the
application shall designate the afchitect and/or engineer of record.
(b) Submittal Documents. When fequired by the Building Officer, plans,
specifications, engineering calculations, diagrams, soil investigation reports, sound tests,
material tests, special inspection and structural observation progfams and other data shall
be submitted with each application for a permit. When an architect or engineer does not
prepare such plans, the Building Officer may require the applicant submitting such plans
Of other data to demonstrate that state law does not require that a licensed architect or
engineer prepare the plans before accepting submittal documents or permit application.
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Deferral of any submittal items shall require prior approval of the Building Officer. If
the Building Officer approves the deferral of submittals to a time after permit issuance, the
approved plans shall list the deferred submittals. The deferred submittal items shall not be
installed until the Building Officer has approved their design and submittal documents.
(c) Investigation. Whenever work for which a permit is required by this chapter has
been commenced without first obtaining a permit, a special investigation shall be made
before a permit may be issued for such work when so ordered by the Building Officer.
(d) Information on Plans and Specifications. Plans and specifications shall be
drawn to scale on substantial paper and shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will conform to
the provisions of all relevant laws, ordinances, rules and regulations. Plans for buildings of
other than one and two family dwellings and their accessory structures shall also indicate
how required structural and fire-resistive integrity will be maintained where penetrations
will be made for electrical, mechanical, plumbing and communication conduits, pipes and
similar systems.
(e) Special Inspection and Structural Observation Program. When the Building
Code requires special inspection and/or structural observation, the architect or engineer of
record shall prepare an inspection program which shall be submitted to the Building
Officer for approval prior to issuance of the building permit. The inspection program shall
designate the portions of the work to have special inspection, the name or names of the
individuals or firms who are to perform the special inspections and indicate the duties of
the special inspectors, including any required non-destructive testing.
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The Building Officer, or when approved by the Building Officer, the owner, the
engineer or architect of record, or an agent of the owner, but not the contractor or any
other person responsible for the work, shall employ the special inspector. When structural
observation is required, the inspection program shall name the individuals or firms who
are to perform structural observation and describe the stages of construction at which
structural observation is to occur. The inspection program shall include samples of
inspection reports and provide time limits for submission of reports.
(f) Preconstruction Meetings. The Building Officer may require the permit holder to
participate in a preconstruction conference prior to the completion of plan review and
permit issuance to review the plans and specifications for adequacy and sufficiency of
details and conformance to building standards and interpretations.
(g) Change of Architect or Engineer of Record. If the circumstances require, the
owner may designate a substitute architect or engineer of record who shall perform all the
duties required of the original architect or engineer of record. In such cases, the owner
shall notify the Building Officer in writing if the architect or engineer of record is changed
or is unable to continue to perform the duties. The architect or engineer of record shall be
responsible for reviewing and coordinating all submittal documents prepared by others,
including deferred submittal items, for compatibility with the design of the building.
(h) Expiration of Application for Permit. Except as provided below, a permit
application shall expire if no permit is issued within one year after the date the permit
application is filed.
(1) An application for a demolition permit for the demolition of residential buildings
and structures, which are subject to the replacement project requirements of Section
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9.04.10.16.010, shall expire if no permit is issued within two years following the date the
application is filed.
(2) An application for a permit for a project subject to the construction rate program
of Section 9.04.10.02.450 shall not expire while that project remains on the waiting list for
a building permit.
(3) The Building Officer may issue a permit for work shown on an expired
application for a permit without requiring the re-submittal of plans and payment of a plan
review fee provided:
(A) No changes have been made or will be made to the original plans and
specifications except as required by the original plan review; and
(B) No pertinent laws or ordinances have been amended subsequent to the date
the original application was filed; and
(C) The time allowed to obtain the permit does not exceed one year and one month
from the date the original application was filed; and
(D) Any approvals granted under Article IX of the Municipal Code are still valid and
have not expired; and
(E) Circumstances beyond the control of the applicant have prevented action from
being taken.
(4) The provisions of this subsection shall apply to all applications for demolition
permits subject to the replacement project requirements of Section 9.04.10.16.010 filed
within two years preceding the effective date of this ordinance and to all other applications
for permits filed within one year preceding the effective date of this ordinance.
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(5) Except as provided in this section, no action may be taken on an application
after expiration. Plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the Building Officer. To obtain a permit, applicants shall
submit a new application, new submittal documents and pay a new plan review fee. All
applicable standards in affect at the time of the new application shall then apply to the
project.
SECTION 7. Chapter 9.08 of the Santa Monica Municipal Code is hereby amended
to read as follows:
Chapter 9.08 Report of Residential Building Records
9.08.010 Intent.
Pursuant to Article 6.5 (Commencing with Section 38780), Chapter 10. Part 2,
Division 3, Title 4 of the Government Code of the State of California, it is the intent of the
City Council to assure that the grantee of a residential building within the City shall be
furnished a report of matters of City record pertaining to the authorized use, occupancy
and zoning classification of real property prior to sale or exchange. It is the further intent to
protect the unwary buyer of residential property against undisclosed restrictions on the
use of the property.
9.08.020 Scope.
This chapter shall apply to all residential buildings as defined herein except for the
first sale of a residential building located in a subdivision whose final map has been
approved and recorded in accordance with the Subdivision Map Act not more than two
years prior to the first sale.
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9.08.030 Definitions.
(a) Owner shall mean any person, copartnership, association, corporation or
fiduciary having legal or equitable title or any interest in any real property.
(b) Residential building shall mean any improved real property designed or
permitted to be used for dwelling purposes, situated in the City and shall include the
building or structures located on said improved real property.
(c) Agreement of sale shall mean any agreement or written instrument which
provides that title to any property shall thereafter be transferred from one owner to another
owner.
9.08.040 Report required.
Prior to entering into an agreement of sale or exchange of any residential building,
the owner or his/her authorized representative shall obtain from the City a report of the
residential building record showing the regularly authorized use, occupancy, and zoning
classification of such property. This report may be used by the owner or the owner's
authorized representative to meet the requirements of this chapter for a period of six
months from the date of issuance by the City.
9.08.050 Application.
Upon application of the owner or his/her authorized agent and the payment to the
City of the designated fee, the Building Officer shall review pertinent City records and
deliver to the applicant a report of residential building records which shall contain the
following information insofar as it is available.
(a) The street address and legal description of subject property.
(b) The zone classification and authorized use as set forth in this Code.
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(c) The occupancy as indicated and established by permits of record.
(d) Variances, conditional use permits, exceptions, and other pertinent legislative
acts of record, and
(e) Any special restrictions in use or development which may apply to the subject
property.
9.08.060 Delivery of report.
The report of residential building record shall be delivered by the owner, or the
authorized designated representative of the owner to the buyer or transferee of the
residential building prior to the consummation of the sale or exchange.
9.08.070 Criminal Sanctions.
It shall be unlawful for the owner of a residential building to sell or exchange a
residential building without first having obtained and delivered to the buyer a report of
residential building record in accordance with the requirements of this chapter.
9.08.080 Validity of Sale
No sale or exchange of residential property shall be invalidated solely because of
the failure of any person to comply with any provision of this chapter unless such failure is
an act or omission which would be a valid ground for rescission of such sale or exchange
in the absence of this chapter.
SECTION 8. Section of the Santa Monica Municipal Code is hereby amended to
read as follows:
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7.04.610 Sewer capping.
(a) When the Building Officer issues a building demolition and/or moving permit. the
scope of work for that permit shall include capping the sanitary sewer within five feet of the
property line.
(b) An owner or possessor of land shall, within five days after demolition or removal
of any structure upon the land to which a sewer is attached, cause the sewer to be capped
within five feet of the property line. The capped sewer shall not be backfilled until
inspected by the Building Officer.
SECTION 9. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further. are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 10. If any Section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction. such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every Section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. Section 5 of this ordinance shall be effective on October 1, 2005.
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SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be
published once in the official newspaper within 15 days after its adoption. This Ordinance
shall become effective 30 days from its adoption except as provided in Section 11.
APPROVED AS TO FORM:
M[:!s~PjlJ:tt&~
City Attorney ,
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Approved and adopted this 9th day of August, 2005.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2165 (CCS) had its introduction on July 26,2005, and was
adopted at the Santa Monica City Council meeting held on August 9, 2005, by the
following vote:
Ayes: Council members: Mayor Pro Tem Katz, Bloom, Genser, Holbrook, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor O'Connor, McKeown
ATTEST:
\
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