City Council
Meeting: April 22, 2008
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
WHEREAS, conservation
of water is critically important if the City of
WHEREAS, inefficient
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;
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
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;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF
SECTION 1. Santa Monica Municipal Code Chapter 8.108 is
hereby amended to read as follows:
Chapter 8.108
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.
Subpart A –
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. 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 green
construction materials.
All
buildings subject to the provisions of this Chapter shall be built with a
minimum of five green construction materials selected from a list that has been
approved and issued by the Director of Environmental 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 this Chapter shall comply with the
following standards:
(a)
(b) Solar Water Heating. 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 by renewable energy sources shall not be used to heat
pool, spa, or whirlpool water
(c) Pipe
Insulation. All hot water distribution and recirculation system piping
shall be thermally insulated from the heater to the end-use fixtures. Pipe
insulation shall have R-value equal to R-6 for piping two inches or less in
diameter and R-8 for larger piping.
(d) 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. If piping
is looped to create a heat trap, the loop shall have a minimum external
diameter of twelve inches.
8.108.050 Priority plan
check processing for LEED certified buildings.
(a) New buildings and existing buildings 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.
(a) In addition to and not withstanding any provisions of
the California Energy 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 energy demanded and consumed
within the City of
(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 (TDV) energy for the project, is at least 10% less than the TDV energy for the Title-24 standard comparison case set forth in the most recent California Title-24 Energy 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 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 ¾” 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 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
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 Energy 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 Energy 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 Energy Star rating;
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 systems 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 ¾” 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 systems (serving more than three residences per water heater) must have a minimum thermal efficiency of 84%.
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.
2. All dishwashers, refrigerators and clothes washers installed by the time of final inspection must be rated Energy Star.
(3) All non-residential commercial buildings must comply with at least two of the four following measures in the project:
(A) All commercial transformers installed for the building must have an Energy 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
8.108.070
Purpose.
These
regulations are intended to provide standards for quality and sustainability of
landscaping and irrigation systems 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 requiring landscaping or irrigation on any lot or premises or as repealing
landscaping requirements 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 Applicability.
The
provisions of this Subpart shall apply to:
a)
All new buildings, however the requirements of this Subpart shall not apply to
new accessory structures, except to those portions of landscaping and
irrigation systems added, repaired, altered, or rehabilitated in conjunction
with the construction of such structures.
b)
Existing buildings whose repair, alteration or rehabilitation costs exceed
fifty percent of their replacement cost as determined by Section 8.84.040.
c)
New irrigation systems and modifications to existing irrigation systems must
conform to the requirements in this Chapter.
If repairs, alterations, or rehabilitations are made to fifty percent or
more by area of the existing irrigation system, the entire irrigation system
must conform to the requirements 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:
(a) Impermeable hardscape – Any form of
pavement or other surface which is not designed to permit water to pass through
it to the soil below;
(b) Irrigation System – Any system for
distribution of pressurized water in the landscape, including but not limited
to any system in which any portion is installed below grade or affixed to any
structure;
(c) Landscaping – Modification of the ground surface with live
planting materials such as trees, shrubs, turf, groundcover or other
horticultural materials; as well as non-living materials such as mulch,
synthetic turf, hardscape, or stone;
(d) Parkway – The portion of the Public
Right-of-Way (PROW) bounded by the sidewalk and the street;
(e) Precipitation Rate – The rate at which
water is applied to the landscape by an irrigation system or watering device
measured in inches per hour;
(f) Sprinkler – Any watering device which
distributes water by projecting it into the air;
(g) Turfgrass – Any plant listed as turfgrass
in WUCOLS;
(h) Watering Device – Any device for
distribution of pressurized water to landscaping;
(i) WUCOLS – Water Use Classification of
Landscape Species published by the California Department of Water Resources.
8.108.100 Requirements
Prior
to issuance of a building permit, landscaping and irrigation plans shall be
submitted for review and approval in a manner prescribed by this Code. No Certificate of Occupancy nor final
building permit shall be issued until the landscaping and irrigation system has
been installed and demonstrated to operate in full compliance with this Code.
(a)
The design and installation of all projects must conform to the current edition
of Guidelines for the Design & Construction of Water-Efficient Irrigation
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, design requirements, and installation requirements. The Guidelines are intended to reduce the
amount of potable water used for landscape irrigation in the City 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 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 eighteen inches
of any impermeable hardscape unless the hardscape is designed 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 any portion of the landscape.
(f) 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.
(g) All newly planted trees shall be planted
in permeable soil.
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 apply:
(a) “Applicant” means any individual, firm,
limited liability company, association, partnership, political subdivision,
government agency, municipality, industry, public or private corporation, or
any other entity whatsoever who applies to the City 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 any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure.
(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 tile,
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.
(f) “City-sponsored
project” means a project constructed by the City or a project receiving fifty
percent or more of its financing from the City.
(g) “Conversion
rate” means the rate set forth in the standardized conversion rate table
approved by the City 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 8.108.120.
(i) “Deconstruction”
means the careful dismantling of buildings and structures in order to salvage
as much material as possible.
(j) “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
(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.
(l) “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-five percent of the total construction and demolition material generated
by a project via reuse or recycling, unless the applicant has been granted an
exemption pursuant to Section 8.108.170, 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 project.
(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 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 processing 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, certificate of deposit, or restricted bank account, provided to the
City pursuant to Section 8.108.140.
(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 manufacturing 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 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. Recycling does not include burning, incinerating,
or thermally destroying solid waste.
(y) “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 recycling, reuse, or storage for later recycling 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 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 recycling 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.
(ff) “Solid waste” as per Public Resources Code Section
40191 means all putrescible and non-putrescible solid, semisolid, and liquid
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 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).
(gg) “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.
(ii) “Waste hauler” means a company that possesses a valid
permit from the City of
(jj) “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 or non-covered
project.
(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 projects.
a) Private
Projects. All construction and demolition projects the total costs of which
are, or are projected to be, fifty thousand dollars or greater, or are one
thousand square feet or greater, and all demolition-only projects (“covered
projects”) shall be required to divert t least sixty-five percent of all
project-related construction and demolition material in compliance with this
Chapter. Inert materials shall be
excluded from calculating compliance with this requirement.
(b) City-Sponsored
Projects. All City-sponsored construction, demolition and renovation projects
shall be subject to this Chapter, and consequently, shall be considered covered
projects.
(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 project.
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 type, to be
generated;
(2) The maximum
volume or weight of such materials that can feasibly be diverted via reuse or
recycling.;
(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 landfilling.
Deconstruction can be used to meet the sixty-five percent diversion requirement
provided it is accounted for in the WMP.
(d) Salvage
Audit. Each applicant will be provided
information concerning a salvage audit and encouraged to have a salvage audit
conducted prior to commencing any deconstruction
8.108.140 Performance
security.
The project applicant shall submit a performance security
with the WMP. For construction and demolition projects, the amount of the
performance security shall be calculated as the lesser of three percent of
total project cost or thirty thousand dollars.
For demolition-only projects, the amount of the performance security
shall be calculated at the rate of one dollar ($1.00) per square foot with a
one-thousand dollar ($1,000.00) minimum performance security required.
8.108.150
Review of WMP.
(a) Approval.
Notwithstanding any other provisions of this Code, no building or demolition
permit shall be issued for any covered project 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 project will be diverted or an exemption has been approved pursuant to
Section 8.108.170.
(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 project
that the estimated tonnage of material to be generated and/or recovered from
the project is substantially different from the WMP, applicant shall submit an
addendum to the original WMP.
8.108.160
Compliance with WMP.
(a) Documentation.
Within thirty days after the completion of any covered project, the applicant
shall submit to the WMP Compliance Official documentation that it has met the
diversion requirement for the project. 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 project;
(3) A copy of the
previously approved WMP for the project 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 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 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 recycling 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 recycling 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;
(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 request 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 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 to any matter
within the jurisdiction of the WMP Compliance Official, shall be final and
shall not be appealable to the City Council or to any 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 through 8.108.160 as
follows:
(1) For the first
failure to comply with the provisions of Sections 8.108.130 through 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 through
8.108.160 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 City 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
City 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 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) Any 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.
(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.
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.
SECTION 4. Santa Monica Municipal Code Chapter 7.60 is
deleted in its entirety.
APPROVED
AS TO FORM:
_________________________
MARSHA
JONES MOUTRIE
City
Attorney