City of Culver City, California
City Council Agenda Item Report
RECOMENDATION:
Staff recommends the City Council adopt an Ordinance amending Chapter 15.02,
Buildings, Structures and Equipment, of the Culver City Municipal Code, to add a
new Subchapter 15.02.1100, et seq. entitled “Green Building Program and
Requirements.”
BACKGROUND / DISCUSSION:
At the City Council meeting of March 9, 2009, the Council introduced the
Ordinance, with one non-substantive revision, by a unanimous vote. The non-
substantive revision related to Section 15.02.1110.A of the proposed Ordinance,
wherein the City Council suggested a revision to clarify that 80% of applicable
items must be included in the project versus 20 of the 25 items listed, since some
of the items may not be applicable to certain types of projects.
The proposed Ordinance as introduced by the Council was submitted to the
California Energy Commission (“CEC”) as a "Revised Locally Adopted Energy
Standard by the City of Culver City Building Safety Division" which format is
required by the CEC. At its regular business meeting of May 6, 2009, the CEC
unanimously approved the Ordinance with one revision to clarify radiant barriers
and cool roofs, as referenced in the “list of 25 items,” cannot both receive credit on
the same project. In addition, the CEC requested clarification in the ordinance that
Meeting Date: 05/18/09 Item Number: C-2
AGENDA ITEM: Adoption of Ordinance Amending Chapter 15.02, Buildings,
Structures and Equipment, of the Culver City Municipal Code, to Add a New
Subchapter 15.02.1100, et seq. Entitled “Green Building Program and
Requirements.
Contact Person/Dept.: Craig
Johnson/CDD-Building; and Heather
Baker/City Attorney
Phone Number: 310-253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-mail notification List (05/13/09)
Department Approval:
Sol Blumenfeld (05/07/09);
Carol Schwab (by H. Baker) (05/07/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/07/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)(05/13/09)
City Manager Approval:
Jerry Fulwood (05/13/09) City of Culver City, California
City Council Agenda Item Report
the City’s Green Building Program shall be in addition to all current State of
California Title 24 Energy Code requirements.
The Ordinance, reflecting Council’s and the CEC’s clarifications, is brought back
tonight for adoption.
FISCAL ANALYSIS:
The Culver City Green Building Program may result in slightly lowering the Culver
City Utility Users' Tax (UUT) revenue initially. Buildings with greater energy
efficiency will pay less per square foot in energy costs than less efficient buildings.
The current annual UUT revenues, excluding telecommunications and cable (i.e.
electricity, gas and water) are approximately $8.5 million, with more than $6 million
of that being electricity utility use. However, future economic costs to clean the
environment may exceed the potential loss to the UUT. Over time, the impacts on
UUT revenues will grow – potentially becoming significant.
The program may be integrated into the existing City plan check and construction
permitting processes with no other additional costs to the City with the exception of
staff training to conduct LEED® plan checks. Staff anticipates this amount to be a
one time cost of approximately $10,000.
To enforce the LEED® program requirements, City staff will be encouraged to obtain
additional training and obtain LEED® Accredited Professional (LEED®-AP)
certification. To this end, staff requests allocating $1,000 for staff training and
$1,500 for staff testing ($2,500 per staff member) for four City staff members. In
addition, the Green Zone program, if fully utilized as proposed, will cost the
Redevelopment Agency $100,000 over 5 years. No funding for LEED®-AP is
included in the 2008-09 Adopted Budget or the 2009-10 Proposed Budget.
Should the City Council adopt the proposed Ordinance, staff will include the above
amounts in Fiscal Year 2009/2010 budget requests for the Council and Agency
during the budget hearings. Given the approximate $5,000,000 operating deficit
currently projected for Fiscal Year 2009/2010, any General Fund monies allocated
for this purpose would need to come from the General Fund Reserve or from an
expenditure reduction in another General Fund program.
ATTACHMENTS:
1. Proposed Ordinance
City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
Adopt an ordinance amending Chapter 15.02, Buildings, Structures and
Equipment, of the Culver City Municipal Code, to add a new Subchapter
15.02.1100, et seq. entitled “Green Building Program and Requirements.
MEETING DATE: 05/18/09
AGENDA ITEM: Adoption of Ordinance Amending Chapter 15.02, Buildings,
Structures and Equipment, of the Culver City Municipal Code,
to Add a New Subchapter 15.02.1100, et seq. Entitled "Green
Building Program and Requirements."
ATTACHMENTS
Pages
1. Ordinance
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ATFACA-kmeNti
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF CULVER CITY, STATE OF
CALIFORNIA, AMENDING CHAPTER 15.02, BUILDINGS,
STRUCTURES AND EQUIPMENT, OF THE CULVER CITY
MUNICIPAL CODE TO ADD A NEW SUBCHAPTER
15.02.1100, et seq., ENTITLED "GREEN BUILDING
PROGRAM AND REQUIREMENTS."
WHEREAS, State Mandates AB 32 and SB 375 require that local
municipalities join and lead in the fight against global warming. One method to achieve this
end is through smart green building practices; and
WHEREAS, a number of existing green building programs at the State and
local level were reviewed in the process of developing the City's Green Building Program.
All programs surveyed were for commercial, mixed-use, and multi-family development and
almost all were mandatory; and
WHEREAS, the cities of Los Angeles, Beverly Hills, Santa Monica, Pasadena
and West Hollywood have all adopted Green Building programs in an effort to reduce
carbon emissions and increase the health and sustainability of its residents and fight
against global warming; and
WHEREAS, Culver City has been developing a Green Building Program over
the last several years that derives best practices from neighboring cities, but that is
designed specifically for Culver City; and
WHEREAS, conventional design and construction methods produce buildings
that can negatively impact the environment as well as occupant health and productivity.
These buildings are comparatively expensive to operate and contribute to excessive
resource consumption, waste generation and pollution. To help reduce these impacts, theCity has proposed a set of guidelines for the development of "green buildings;" and
WHEREAS, "green buildings" reduce energy and water consumption, and
improve air quality. Greenhouse gas emissions from building account for more than 40%
of global warming pollution. Green building ordinances are a good first step towards
building energy-efficient, climate friendly sustainable cities; and
WHEREAS, "green buildings" require the use of fewer natural resources and
provide a healthy, productive, indoor environment for occupants by using an integrated
design approach that incorporates: site planning, design, building preservation,
construction, operations and maintenance; and
WHEREAS, the benefits of green building include: more natural resources
for the future, reduced energy consumption, lower operating costs, increased employee
productivity, increased energy efficiently in buildings, reduction of greenhouse gas
generated by buildings and reduction of the carbon footprint; and
WHEREAS, to ensure a viable future, the City must take a leadership role
and address the impacts placed on the environment by urbanization and a growing
populace, which includes air and water pollution, climate change and habitat loss; and
WHEREAS, the City is striving to become a model of environmental
excellence and a prevailing force of environmental protection. To accomplish these goals,
the City shall establish policies that will incorporate environmental responsibility into its
daily management of urban and industrial growth, energy and water use, air quality,
transportation, waste reduction, economic development and open space and natural
habitats; and
WHEREAS, the modifications proposed in this Ordinance are reasonably
necessary because of local climatic, geological or topographical conditions, based upon
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28the findings set forth hereinabove.
NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Based on the foregoing recitations and findings, Chapter 15.02
of the Culver City Municipal Code is hereby amended to add subchapter 15.02.1100, et
seq. as follows:
GREEN BUILDING PROGRAM AND REQUIREMENTS
§ 15.02.1100 Establishment of Program and Purpose.
§15.02.1105 Definitions.
§15.02.1110 Requirements.
§ 15.02.1115 Urban Tree Requirements.
§ 15.02.1120 Green Zone Incentive Program.
§ 15.02.1125 Building Permit Fees and Inspections.
§ 15.02.1100 ESTABLISHMENT OF PROGRAM AND PURPOSE.
The City has established a Green Building Program, which shall be
administered by the Building Safety Division pursuant to the provisions of this
Subchapter. The purpose of the Green Building Program is to reduce the
use of natural resources, create healthier living environments and minimize
the negative impacts of development on local, regional and global
ecosystems. The City's Green Building Program shall be in addition to all
current State of California Title 24 Energy Code requirements.
§ 15.02.1105 DEFINITIONS.
Terms defined herein shall have the following meanings when used in
this Subchapter:
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28AIP — Phase! shall mean the West Washington Boulevard Area
Improvement Plan — Phase I (located on West Washington Boulevard
between Wade Street and Beethoven Street).
AIP — Phase!! shall mean the West Washington Boulevard Area
Improvement Plan — Phase II (located on West Washington Boulevard
between Centinela Avenue and Colonial Avenue).
Applicant shall mean any individual, firm, limited liability company,
association, partnership, political subdivision, government agency,
municipality, industry or public or private corporation, or any other entity
whatsoever that applies to the City for the applicable permits to undertake a
Qualifying Project.
Building Official shall mean the Building Official of the City of Culver
City or his or her designee.
Building Safety Division shall mean the City's Building Safety
Division and its staff.
Category I Qualifying Project shall mean the construction or major
renovation of any building or structure that requires a building permit and
meets the criteria established in Section 15.02.1105.A.
Category 2 Qualifying Project shall mean the construction or major
renovation of any building or structure that requires a building permit and
meets the criteria established in Section 15.02.1105.B.
CCMC shall mean the Culver City Municipal Code.
City shall mean the City of Culver City.
Director shall mean the Community Development Director of the City
of Culver City or his or her designee.
LEED® shall mean Leadership in Energy and Environmental Design, a
rating system put forth by the U.S. Green Building Council that is the
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28nationally accepted benchmark for the design, construction and operation of
high performance green buildings.
LEED®-AP shall mean a person who has been designated a LEED®
Accredited Professional by the Green Building Certification Institute (GBCI).
Major renovation shall mean any change, addition or modification to
an existing building, where the valuation of the change, addition or
modification is equal to at least fifty percent (50%) of the valuation of the
existing building.
Project shall mean the Qualifying Project that is the subject of the
permit application.
USGBC shall mean the U.S. Green Building Council.
§ 15.02.1110 REQUIREMENTS.
A. Category 1 Qualifying Projects. All new buildings of 49,999
square feet or less of gross floor area and major renovations to existing
buildings of 49,999 square feet or less of gross floor area, shall comply with
eighty percent (80%) of all items applicable to the specific Project. Items
applicable to the specific Project shall be selected from the list of 25 items set
forth below. Applicability of items shall be determined by the Building Official.
Items numbered 5 and 7, below, cannot both be used on the same Project for
purposes of satisfying the requirements of this Section.
1. Heating, ventilating and air conditioning (HVAC) units
shall have a minimum seasonal energy efficiency rating (SEER) of 17;
2. Gas heating units shall be a minimum of 93% energy
efficient;
3. All heating and cooling ducts shall be located within the
space to be heated and cooled;
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284. Roof and floor structures abutting an exterior space shall
be a minimum value of R-38 (thermal resistance value); and all
exterior walls shall be a minimum value of R-28;
5. Radiant barriers shall be installed under all new roof
sheathing;
6. All new exterior glass shall be a minimum value of U.35
(measure of heat conducting properties) and a minimum value of .30
SHGC (solar heat gain coefficient);
7. Low slope roofs shall be a minimum value of 75% SRI
(solar reflectance index);
8. Exterior shading shall be provided over all west, south
and east facing exterior glass. Where exterior shading is infeasible, all
new exterior glass shall be a minimum value of U.32 and a minimum
value of .27 SHGC;
9. All new interior and exterior lighting shall be fluorescent,
LED or other type of high efficiency lighting;
10. All new lighting installed in restroom or bathroom areas
shall be fluorescent, LED or other type of high efficiency lighting and
shall be motion sensor controlled. All new exhaust fans installed in
restroom or bathroom areas shall be motion sensor controlled;
11. All new lighting installed in any corridor, entryway or
other typically unoccupied space shall be fluorescent, LED or other
type of high efficiency lighting and shall be motion sensor controlled.
Minimum base level lighting shall be permitted;
12. All new lighting installed in a garage or parking structure
shall be motion sensor controlled. Minimum base level lighting shall
be permitted;
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2813. Water closets shall be dual flush models;
14. Urinals shall be waterless models;
15. Water heaters installed for the heating of water in
residential units shall be tankless models;
16. Two two-inch electrical conduits shall be installed from
the roof to the electrical panels for future solar photovoltaic installation
for each unit in residential and commercial buildings. (Qualifying
Projects that are subject to the provisions of CCMC Section
15.02.1005, may not use this item toward satisfying the requirements
of this Section.);
17. A 20 square feet area to house recyclable material
containers shall be provided. This requirement shall be in addition to
any other CCMC requirements related to solid waste and recyclable
material containers;
18. Multistory buildings shall provide separate trash chutes
for recyclable and non-recyclable materials and waste. Such chutes
shall discharge directly into separate recyclable and non-recyclable
materials and waste containers. This requirement shall be in addition
to any other CCMC requirements related to trash chutes;
19. One duplex weather proof (WP) ground fault circuit
interrupter (GFC1) outlet shall be installed for every eight parking
spaces to be utilized for future electric "plug-in" vehicles.
20. All doors leading from heated or cooled spaces to non-
heated and non-cooled spaces shall be insulated doors and shall
include weather-stripping and adequate closers.
21. Any new on-site, ground-level paving, which is open to
the sky, shall be permeable.
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2822. All on-site landscaping shall be low-water, drought
tolerant. All irrigation shall be bubbler systems.
23. All wood floor and roof structures shall be constructed
with 90% engineered lumber.
24. A minimum of 50% of the overall building insulation shall
be formaldehyde free and recycled content. A minimum aggregate of
60% of the wall, ceiling, and floor insulation shall be cellulose, cotton
ball, or bio-based foam.
25. lkw of solar photovoltaic power shall be installed.
(Qualifying Projects that are subject to the provisions of CCMC Section
15.02.1005 may not use this item toward satisfying the requirements of
this Section.).
B. Category 2 Qualifying Projects. All new buildings of 50,000
square feet or more of gross floor area and major renovations to existing
buildings of 50,000 square feet or more of gross floor area, shall comply with
the following requirements:
1. Prior to the issuance of a building permit, Applicant shall
submit the following:
a. Evidence that a LEE D®-AP is one of the
members of the Project team.
b. Evidence that the Project has been registered with
USGBC's LEED® program.
c. A LEEDO checklist, including points allocated to
the "Innovation and Design" category, which demonstrates that
the Project meets the selected LEEDO Rating System at the
"Certified" level or higher.d. A signed declaration from the LEEDO-AP member
of the Project team, stating that the plans and plan details have
been reviewed and the Project meets the intent of the criteria
for certification of the selected LEEDO Rating System at the
"Certified" level or higher.
2. The Project shall comply with USGBC's "3 point margin
of error" for [FED® certification.
3. Applicant shall submit to the Building Official copies of all
correspondence between the Applicant and USGBC regarding the
Project.
C. Green Building Checklist. A green building checklist, on a form
approved by the Building Official, shall be completed and submitted prior to
construction of a Category 1 Qualifying Project.
D. Exceptions. This Section shall not apply to one and two family
residences.
§ 15.02.1115 URBAN TREE REQUIREMENTS.
Applicants of any Qualifying Project must comply with the following:
A. When feasible, all existing on-site trees with a trunk
diameter of 2" or greater shall be preserved or replaced with trees of
comparable size per the recommendations of the Culver City Parks Manager.
B. When feasible, all existing street trees with a trunk
diameter of 2" or greater shall be preserved or replaced with trees of
comparable size per the recommendations of the Culver City City Engineer.
§ 15.02.1120 GREEN ZONE INCENTIVE PROGRAM.
A. Subject to approval by the Director, plan check and permit fees
in an amount not to exceed Five Thousand Dollars ($5,000) may be waived
for Category 1 and Category 2 Qualifying Projects, which comply with the
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28requirements of this Subchapter and are located in AIR — Phase I and AIR —
Phase II areas.
B. The aggregate amount of fee waivers for the Green Zone
Incentive Program shall not exceed the amount, if any, appropriated for such
purpose by the Culver City City Council or the Culver City Redevelopment
Agency.
C. Fee waivers shall be granted on a first come, first served basis.
D. The Green Zone Incentive Program, as set forth in this Section,
shall remain in effect until May 18, 2014, and as of that date is repealed,
unless a later enacted statute, enacted before May 18, 2014, deletes or
extends that date.
§ 15.02.1125 INSPECTIONS AND ENFORCEMENT.
A. No final inspection shall be approved for a Project subject to the
requirements of this Subchapter, nor shall a temporary or final certificate of
occupancy be issued for such Project, until such time as the requirements of
this Subchapter have been satisfied, as determined by final inspection of the
Building Safety Division.
B. The Building Safety Division may issue field correction notices
and/or stop work orders on a Project for non-compliance with the
requirements of this Subchapter_
C. The provisions of this Subchapter may be enforced through any
or all available remedies provided in the CCMC.
SECTION 2. Pursuant to California Health and Safety Code Section 17958.7,
the modifications to the City's building regulations and related findings, as set forth in this
Ordinance, must be filed with the California Building Standards Commission
("Commission") in order for such modifications to become effective. To allow for the
required Commission filing of this Ordinance and sufficient notice to the public of these
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28modifications to the City's building regulations, this Ordinance shall take effect upon
confirmation of the filing of this Ordinance by the Commission or on July 1, 2009,
whichever date is later. Pursuant to Sections 616 and 621 of the City Charter, prior to the
expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance,
or a summary thereof, to be published in the Culver City News and shall post this
Ordinance or a summary thereof in at least three places within the City.
SECTION 3. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this day of .2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
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MARTIN R. COLE, City Clerk
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CAROL A. SCHWAB, City Attorn