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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08)
These regulations are intended to:
(a) 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.
(b) Reduce and conserve the amount of potable and recycled water used
for landscape irrigation within the City.
(c) Ensure that water used for landscape irrigation is used efficiently
and effectively.
(d) Reduce urban runoff, high water-demanding plant materials, inefficient
irrigation systems, and inefficient watering practices.
Nothing in this Chapter shall be interpreted as requiring 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.
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(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09)
This Subpart shall not apply to:
(a) Registered local, State or Federal historical sites; or
(b) Plant collections, as part of botanical gardens and arboretums open
to the public.
(Added by Ord. No. 2386CCS §
1, adopted 1/10/12)
For purposes of Subpart A of this Chapter, the following words
or phrases shall be defined as follows:
Maintenance.
The upkeep of any landscaped area, landscaping or irrigation
system.
Modifications.
Replacement or addition to any existing landscaping or irrigation
system.
New development.
New construction projects as defined by Article IX of this
Code.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09; Ord. No. 2386CCS § 2,
adopted 1/10/12; Ord.
No. 2498CCS § 1, adopted 11/10/15)
(a) All new development projects, including projects undertaken by a
public agency, must comply with the following requirements:
(1) Compliance with the adopted Water-Efficient Landscape and Irrigation
Standards.
(2) Submission of plans and reports to the City for review and approval
prior to the installation of landscaping and/or irrigation system.
The required plans under this subsection may include: landscape plan,
hydrozone matrix, irrigation plan, and any other plans or reports
as deemed necessary by the Manager of the Office of Sustainability
and the Environment, consistent with the purpose and requirements
of this Subpart.
(3) No final certificate of occupancy shall be issued until the landscaping
and/or irrigation system has been installed and demonstrated to operate
in full compliance with this Code.
(b) Modifications to any existing landscaping or irrigation system or
installation of any new landscaping or irrigation system not associated
with new development projects, including such activities undertaken
by a public agency, must comply with the adopted Water-Efficient Landscape
and Irrigation Standards.
(c) Maintenance of any existing landscaping or irrigation system, including
such maintenance activities undertaken by a public agency, must comply
with the Maintenance Section of the adopted Water-Efficient Landscape
and Irrigation Standards.
(d) New water feature installations must comply with the requirements
of the Water Features Section of the adopted Water-Efficient Landscape
and Irrigation Standards.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2302CCS § 1, adopted 12/8/09; Ord. No. 2386CCS § 3,
adopted 1/10/12; Ord.
No. 2498CCS § 2, adopted 11/10/15)
The Manager of the Office of Sustainability and the Environment
may issue Guidelines, consistent with this Subpart's purpose, to implement
this Subpart and to implement the adopted Water-Efficient Landscape
and Irrigation Standards.
(Added by Ord. No. 2302CCS §
1, adopted 12/8/09)
(a) Civil Action. Any person, including the City, may enforce
the provisions of this Subpart by means of a civil action.
(b) Administrative Remedies. Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters
1.09 and
1.10 of this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided
in this Subpart are not exclusive, and nothing in this Subpart shall
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
(Added by Ord. No. 2302CCS §
1, adopted 12/8/09)
For the purposes of Subpart B of this Chapter, the following
definitions shall apply:
"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 State of California
and be regulated by an Enforcement Agency.
"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.
"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.
"City-sponsored project"
means a project constructed by the City or a project receiving
fifty percent or more of its financing from the City.
"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.
"Divert"
means to use material for any purpose other than disposal
in a landfill or transformation facility.
"Diversion requirement"
means the diversion of at least seventy 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.
"Project"
means any activity which requires an application for a building
or demolition permit or any similar permit from the City.
"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.
"Reuse"
means the use, in the same or similar form as it was produced,
of a material which might otherwise be discarded.
"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.
"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).
"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.
"Waste hauler"
means a company that possesses a valid permit from the City
of Santa Monica to collect and transport solid wastes from individuals
or businesses for the purpose of recycling or disposal under the City
of Santa Monica's name.
"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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 7, adopted 2/28/12)
(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 shall be considered covered projects.
(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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 8, adopted 2/28/12)
(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;
(4) The estimated volume or weight of C&D materials that will be
landfilled in Class III landfills and inert disposal facilities; and
(5) A commitment that only City permitted waste haulers would be used.
(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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 9, adopted 2/28/12)
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 per square foot with a one thousand dollar
minimum and thirty thousand dollar maximum performance security required.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 10, adopted 2/28/12)
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 and approved 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 seventy 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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 11, adopted 2/28/12)
(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. The 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 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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 12, adopted 2/28/12)
(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 on-site;
(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.
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(b) 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.
(c) Denial of Exemption. Upon a denial by the WMP Compliance Official, 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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 13, adopted 2/28/12)
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.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 14, adopted 2/28/12)
(a) The City Attorney may enforce the provisions of this Subpart by means
of a civil action.
(b) Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters
1.09 and
1.10 of this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided
in this Subpart are not exclusive, and nothing in this Subpart shall
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
(d) It shall not be a defense to the assessment of any penalty or to
any other civil or administrative enforcement action provided for
under this Section for a person to assert that any violation of this
Subpart 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.
(e) Any penalty collected hereunder shall be deposited in the Refuse
Fund to be used as reimbursement for the Public Works Department's
costs and expenses of administration and enforcement of this Chapter.
(Added by Ord. No. 2261CCS §
1, adopted 4/22/08; amended by Ord. No. 2390CCS § 15, adopted 2/28/12)