City Council Meeting: March 20, 2007

Agenda Item: 8-B

To:                   Mayor and City Council 

From:              Craig Perkins - Director of Environmental and Public Works Management

Subject:          Direct the City Attorney to Prepare an Ordinance to Amend Green Building, Landscaping Standards, and Construction and Demolition Waste Ordinances, and Adopt a Resolution Authorizing Expedited Permitting for Solar Electric and Solar Thermal Systems

 

Recommended Action

This report recommends that the City Council: 

1.      direct the City Attorney to amend the Green Building Ordinance (Chapter 8.108), Landscaping Standards Ordinance (Section 9.04.10.04) and the Construction and Demolition Waste Ordinance (Section 7.60) to reflect changes to the State’s Title 24 standards, current standards for environmentally benign construction, and the City’s commitment to water conservation and urban runoff reduction; and

2.      adopt the attached resolution to grant priority status to solar electric and thermal projects.

 

Executive Summary

Since adoption of the Green Building Ordinance on December 19, 2000, the importance of high performing healthy buildings has gained widespread public acceptance in response to escalating energy costs and global warming concerns.  Buildings consume 70% of the electricity in the United States.  The proposed Municipal Code amendments would update the City’s commitment to leadership in the green building field by promoting sustainable design and construction practices, resource conservation, protection of public health, and reduction of greenhouse gas emissions by all Santa Monica property owners.  Proposed revisions to the Green Building Ordinance (Chapter 8.108) include:

·        Providing building permit applicants with the option of reducing the allowable Title 24 energy budget by 10 percent or selecting from a set of prescriptive energy efficiency measures; 

·        Expanding the requirement for energy efficiency measures to single family and duplex construction and substantial remodels;

·        Expanding the requirement for solar thermal pool heating to single family homes;

·        Revising green building materials requirement to include a broader choice of options;

·        Expanding the green building materials requirement to single family and duplex construction and substantial remodels; and

·        Requiring completion of a LEED® green building checklist to encourage incorporation of green building measures.

Proposed changes to the Construction and Demolition Waste Ordinance (Section 7.60) include:

·        Encouraging a salvage audit before building demolition;

·        Excluding inert debris (materials such as rocks, asphalt, concrete and soil)  from materials used to comply with current diversion requirements; and

·        Adjusting demolition project deposits to tie to the size of the project.

Proposed changes to the Landscaping Standards Ordinance (Section 9.04.10.04) include:

  Defining terminology and inclusion of measurable standards;

  Prohibiting use of watering devices that apply water faster than the soil can accept it;

  Requiring plan check of irrigation systems and inspection during construction;

  Requiring demonstration of zero runoff from the irrigation system prior to obtaining a Certificate of Occupancy; and

  Applying water-efficient irrigation standards to single-family dwellings as well as commercial and multi-family.

 

In addition, it is recommended that all green building Code requirements be consolidated under Chapter 8.108.

 

To facilitate achievement of the City’s energy sustainability goals and implementation of the Solar Santa Monica program, the plan check and inspection process for approval of photovoltaic and solar thermal systems must be expedited.  Staff recommends adopting a resolution (see Attachment D) which designates priority status to solar photovoltaic and solar thermal projects that will benefit the community in accordance with priorities established by Council.


Discussion

Background

Since mid-2003, 686 housing units and several commercial and retail buildings have been constructed to comply with the City’s current energy performance standards.  The 686 residential units prevent an estimated 1100 tons of CO2 (the primary greenhouse gas contributor) from being emitted into the atmosphere per year compared to units built to Title 24, Chapter 6 Energy Code standards.  This is greenhouse gas reduction equivalent to removing 240 cars from the road. 

 

The City’s energy performance standards required that all new construction and substantial remodels (besides single family homes and duplexes) perform 10 to 15 percent better than 2001 Title 24 standards.  On October 1, 2005, when 2005 Title 24 standards took effect, the City’s energy performance standards were repealed by City Council until the City’s updated energy standards were approved by the California Energy Commission and the City’s Building and Safety Commission.  The California Energy Commission approved the City’s proposed revised standards on September 21, 2005. The energy standards, in addition to other staff-recommended non-energy related modifications, are outlined below.

 

Proposed Energy Standards

Energy models of Santa Monica prototypical buildings demonstrate that the 2005 California Energy Code standards improve building energy performance an average of 10 percent over 2001 standards depending on building type and size.  Requiring energy performance significantly beyond these new standards would exceed the City’s cost effectiveness criteria and place excessive financial burden on builders.  The proposed energy standards will provide building permit applicants with the option of reducing the allowable energy budget by ten percent or selecting from a set of prescriptive energy efficiency measures.  This flexible approach will reduce the additional amount of analysis required by permit applicants and ensure that the City’s energy performance goals are attainable for all building types and sizes. 

 

The proposed prescriptive packages are detailed in Attachment A.  Federal energy regulations place restrictions on what can be required by municipalities using a prescriptive approach.  The proposed standards have been designed to comply with federal requirements.  Energy efficiency measures were selected based on ease of implementation and expected benefit to building energy performance.  The incremental cost for each energy efficiency measure was determined, then simple paybacks and lifecycle cost analyses were calculated based on the estimated energy savings for each measure.  After three years, it is estimated that the total annual energy savings achieved through implementation of the recommended energy efficiency measures will be 1,035,000 kilowatts/hour of electricity per year, and 38,000 therms of natural gas per year. This will result in a reduction of greenhouse emissions equivalent to 456 tons of carbon dioxide per year, 985 pounds of nitrogen oxides per year, and 660 pounds of sulphuric oxides per year.


Extend Energy and Water Efficiency Requirements to Single Family and Duplex Buildings 

 

Single-family homes and duplexes were previously exempted from energy and water conservation performance requirements because the original ordinance focused on larger commercial and multi-family buildings which use more energy and yield greater energy savings.  The proposed standards no longer exempt new construction and substantial remodels of single family and duplex properties.  Residential building currently comprises the largest percentage of new construction in the City.  Accordingly, substantial energy and water savings will come from single family, multifamily low-rise, and multifamily high-rise residential projects.  Mixed-use projects will be required to comply with both residential and commercial standards.  Buildings under the purview of the State Historical Building Code will maintain their exemption from any provision of the Green Building Ordinance. 

 

Extend Solar Thermal Pool Heating Requirement to Single Family

The green building ordinance currently requires solar thermal technology to be installed at all swimming pools except at single family homes.  Staff recommends that the ordinance be amended so that new swimming pools in single family residences are required to use solar thermal heating as their primary heat source, if they are heated at all.  In addition, all pools must continue to be equipped with pool covers to retain heat and prevent evaporation as already required in the municipal code.

 


Expand Green Material Options

Since adoption of the green building ordinance, access to green building materials has increased and become cost competitive with standard building materials.  The City-subsidized Green Building Resource Center at 2218 Main Street provides convenient support to people seeking green building materials.  Currently, the green building ordinance requires permit applicants to choose four major construction materials with recycled content from a limited list compiled by the U.S. Environmental Protection Agency to the exclusion of all other building materials and systems that might result in a more environmentally responsible and healthier building.  For example, one of the common recycled materials selected by builders is recycled, reprocessed paint.  This paint may not be available in low or zero voc (volatile organic compounds) types, thereby eliminating the opportunity to encourage the use of paints that do not contribute to indoor air pollution.  Staff proposes offering permit applicants a broader choice of ten materials or other building systems of which five must be selected.  The proposed materials options are detailed in Attachment B. 

 

The City will continue to use expert third party certification systems for establishment of environmental criteria.  For materials to meet indoor air quality performance, the City will accept any carpet certified to comply with the indoor air quality emission requirements of California’s Section 01350 including CRI (Carpet and Rug Institute) Green Label Plus certification, Green Guard or Green Seal certification for paints, and Forest Stewardship Council certification for wood.  When interior water use is selected as one of the ten materials options, toilets will need to be High Efficiency Toilets (<=1.2 gallons per flush or dual flush) and urinals will need to be zero water users.  

 

Extend Green Material Options to Single Family and Duplex Buildings 

Single family homes and duplexes were previously exempt from the recycled materials requirement, but as green building materials have become readily available at home improvement stores and other local sources it is no longer considered a financial burden or an aesthetic imposition to require compliance.  The proposed checklist has been designed to ensure that the typical home builder will not be limited in the appearance or quality of what they will be able to build.

 

LEED® Green Building Checklist

The Sustainable City Plan includes a target for 2010 that 100 percent of all new buildings greater than 10,000 square feet be LEED®-certified.  Leadership in Energy and Environmental Design (LEED®) is the U.S. Green Building Council’s rating system and has become the nationally-accepted tool for evaluating a building’s energy and environmental performance.   To encourage construction of high performance buildings in Santa Monica and to develop greater familiarity with LEED® and green building practices, it is proposed that all commercial and high-rise residential building permit applicants be required to complete a LEED® for New Construction (LEED® - NC) checklist (See Attachment C) to demonstrate how many credits they would theoretically get if they applied for certification.  Similarly, single family and low-rise residential builders will be required to fill out the checklist currently published in the Santa Monica Residential Green Building Guide, a handout distributed to all building permit applicants.  The residential checklist will likely be replaced by the LEED® for Homes (LEED®-H) checklist when the LEED®-H program is officially launched nationwide in 2007.  Builders will not be required to implement the green building measures on the checklists, but City staff will use the checklists as a tool to discuss the applicant’s project and what they might be able to improve on a voluntary basis.  Other City of Santa Monica incentives including expedited permitting and grants for LEED buildings will be discussed with the applicant by City staff to encourage them to incorporate more green building measures and to obtain a LEED certification.

 

Update Construction and Demolition (C&D) Waste Ordinance to Encourage Salvage

Despite a very successful C&D Waste recycling program, very little material from demolition projects is being salvaged.  Most material is diverted from landfills, but not at its highest and best use.  Old doors are ground up and used for fuel, door hardware is scrapped and recycled.  Architectural elements face a similar fate.  Valuable and irreplaceable materials are sent to recycling rather than being reused.  Much like the City’s effort to preserve historic buildings, historic and valuable materials should also be preserved for future use.  In most cases, salvageable materials can be removed at no cost to the owner.  Free salvage audits are also provided by local non-profit organizations.  Therefore, it is recommended that the C&D Waste Ordinance be updated to encourage a salvage audit be performed prior to demolition for any projects.


 

Tie Deposits to Building Size

Adjustments to the deposit amount for demolition projects will be tied to the size of the project at the rate of $1/ square foot with a $1000 minimum.  At present, the City applies a $30,000 maximum cap regardless of project size.  Currently, a number of demolition permit holders forfeit all or a portion of their deposit due to lack of full compliance.  All demolition projects will be required to submit a cash deposit or a performance bond that will be refunded upon demonstration of compliance within 30 days of the final inspection.  This will result in a higher number of large demolition projects complying with the ordinance and will include demolitions that are smaller than the previous minimum of 1000 square feet.

 

Enhance Landscape and Irrigation Ordinances

One of the sustainability goals set by Council in 2000 was to reduce the City's water consumption rate 20% by the year 2010.  As 2006 ends, the rate has been reduced by 4%.  Current City regulations governing landscaping and irrigation construction should be modified as they place too little emphasis on the use of water-efficient equipment and insufficient attention during plan-check and construction.  To correct these deficiencies, staff proposes the following changes and additions:

  • Landscaping Standards (Section 9.04.10.04) is designed to regulate aesthetic aspects of landscaping. Staff proposes to relocate non-aesthetic, technical requirements currently located in this section to a new subchapter in Section 8.108 to be entitled Landscape Water Conservation, and to define landscape and irrigation terminology to include measurable standards. For example, sprinklers are currently prohibited in “narrow, hard-to-irrigate areas” and a certain percentage of plants are required to be “drought-tolerant.” Staff proposes to restate and define these terms and offer specific standards for equipment performance.
  • Prohibit the use of irrigation devices which apply water faster than the soil can accept it. Technology now exists to control water application rates to match Santa Monica’s soil conditions. Staff proposes to require that appropriate equipment be used in remodeled and newly constructed landscapes.
  • No plan check or site inspection is currently required for landscape-only construction to verify zero runoff. Staff proposes to address this oversight by requiring a functional demonstration of completed irrigation systems demonstrating zero runoff before issuance of a Certificate of Occupancy.

 

Consolidate All Green Building Requirements Under 8.108

There are many requirements that are currently part of the Municipal Code that are often considered green building measures.  Staff proposes consolidating all existing green building requirements within Section 8.108 of the Code.

 

Designate Solar Projects Priority Status

It is recommended that a resolution be adopted (Attachment D) which grants solar photovoltaic and solar thermal projects priority status so that plan check and inspection services can take place in a timely manner and support the City’s solar installation goals as implemented through the Solar Santa Monica program.  In addition, solar projects on buildings other than single family dwellings currently must be approved by the Architectural Review Board before Building and Safety staff can review the plans.  In the next few months, staff will present a resolution to the ARB requesting that Planning staff be authorized to approve solar projects as long as the project complies with the City’s solar design standards (Section 9.04.10.02.220).

 

Alternatives

The City cannot achieve its sustainability goals related to green building, energy independence, and greenhouse gas emission reduction goals without adopting these Code changes.

 

Commission Actions

The Building and Safety Commission reviewed the proposed energy performance standards and green materials options on January 18, 2006, and again on March 15, 2006.  The Commissioners moved to continue discussion on the proposed ordinance after the City Council clarified certain policy issues. These issues were: expanding the scope to include one and two family dwellings, additional requirements beyond the revised Energy Code and enforceability of certain options.  Staff is now returning to City Council for a decision on this issue and will return to the Commission for technical review.


 

Budget/Financial Impact

Increasing the deposit required for compliance with the C&D ordinance will be cost neutral.  All other proposed changes outlined in this report will have no financial impact.

Prepared by:

Susan Munves, Energy and Green Building Program Administrator

 

Approved:

 

Forwarded to Council:

 

 

 

 

 

 

Craig Perkins

Director - Environmental and Public Works Management Department

 

P. Lamont Ewell

City Manager

 

 

 

Attachment A:  Proposed Energy Standards

Attachment B:  Proposed Green Building Material Standards

Attachment C:  Green Building Checklist

Attachment D:  Resolution