HomeMy WebLinkAboutCC Resolution 12907 (Establish Green Building Standards)RESOLUTION NO. 12907
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ESTABLISHING GREEN BUILDING STANDARDS
WHEREAS, the San Rafael City Council adopted Ordinance 1853 and Resolution 12299
on July 16, 2007 which established green building requirements for new residential and non-
residential buildings, and directed staff to return with future ordinance amendments to regulate
building additions as well when suitable green building rating systems for remodeling projects
were available; and
WHEREAS, General Plan 2020 promotes energy and resource efficiency in new
construction in Conservation Element Policy CON -18 (Resource -Efficient Building Design),
Program CON -18a (Energy -Efficient Homes), Program CON -18b (Zoning and Building Code
Review), Program CON -18c (Use of Alternative Building Materials), Policy CON -21 (Waste
Reduction/Recycling), Program CON -21d (Demolition Waste), Policy CON -22 (Resource
Efficiency in Site Development), and Air and Water Quality Element Policy AW -8 (Reduce
Pollution from Urban Runoff); and
WHEREAS, the San Rafael 2005 Greenhouse Gas Emissions Analysis determined that
the operation of residential and non-residential buildings within the city generates 34% of the
city's total annual greenhouse gas emissions and forecasts that these emissions will increase
9.6% from residential buildings and 13.1% from non-residential buildings between 2005 and
2020; and
WHEREAS, the San Rafael Climate Change Action Plan identifies green building
requirements as one of the three most effective means of meeting the adopted goal of reducing
the production of greenhouse gases within the community by 25% from 2005 level by the year
2020, and includes Program BU -4 which calls for applying green building requirements to
residential, commercial and civic remodeling projects as well as new construction, Program BU -
5 which calls for reduction in building energy use by 20% by 2020 and Program BU -6 which
calls for reduction of potable water use in buildings and landscaping by 30% by 2020; and
WHEREAS, the California Global Warming Solutions Act of 2006, known as AB 32,
established a statewide goal of reducing greenhouse gas emissions to 1990 levels by 2020 and to
a level 80% below 1990 levels by 2050, and directs the California Air Resources Board to
develop a strategy to achieve such reductions; and
WHEREAS, the California Air Resources Board adopted its Climate Change Scoping
Plan on December 12, 2008, which identified the imposition of mandatory green building
techniques as achieving 15% of the AB 32 greenhouse gas reduction goal for 2020; and
WHEREAS, the California Public Utilities Commission has adopted a goal of 40%
improved energy efficiency in all buildings by 2020; and
WHEREAS, the San Francisco Bay Conservation and Development Commission has
indicated that the level of San Francisco Bay has increased by 8 inches over the past century and
projects that sea level will rise between 20 and 55 inches by 2100, which will inundate properties
currently valued at over $48 billion dollars and over 700 miles of state and local roadways and
will require the installation of seawalls and levee increases costing over $1 billion; and
WHEREAS, the United Nations Intergovernmental Panel on Climate Change has warned
that failure to address the causes of global climate change within the next few years will result in
significantly increasing sea levels and frequency of wildland fires and reduced freshwater
resources, which will significantly increase the cost of providing local governmental services and
protecting public infrastructure; and
WHEREAS, the United States Environmental Protection Agency (EPA) states that the
construction and operation of buildings in the United States collectively account for 39% of total
energy use, 68% of total electricity consumption, 12% of total freshwater consumption, 40% of
all raw materials used, and 38% of total carbon dioxide emissions; and
WHEREAS, the total energy consumption by residential dwelling units in Marin County
increased from 619 million kWh to 734 million kWh (a 19% increase) from 1995 to 2000; and
WHEREAS, debris from construction and demolition projects constitutes 22% of the
Marin County waste stream, and the total tonnage of the County waste stream increased by 17%
from 2006 to 2007; and
WHEREAS, the Marin Hazardous and Solid Waste Joint Powers Authority has
established a goal of a 50% diversion in construction and demolition debris, and this is the level
of reduction that is required by the GreenPoint Rated green building system; and
WHEREAS, the California Health and Safety Code Sections 18938 and 17958 provide
that the California Building Standards Code establishes building codes and standards for all
building throughout the State, and Section 17958.5 provides that a local government may
establish more stringent building standards if they are reasonably necessary due to local climatic,
geological or topographical conditions; and
WHEREAS, California Assembly Bill 210 states that a city is authorized to change or
modify green building standards if the California Building Standards Commission determines
such changes are reasonably necessary because of local climatic, geological or topographical
conditions; and
WHEREAS, the Public Resources Code Section 25402.1(h)(2) states that a local
enforcement agency may adopt more restrictive energy standards when they are cost-effective
and approved by the California Energy Commission; and
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WHEREAS, green building is a practice of design, construction and maintenance
techniques that have been demonstrated to have a significant positive effect on energy, water and
resource conservation, waste management and pollution generation and on the health and
productivity of building occupants over the life of the building; and
WHEREAS, green building benefits are spread throughout the systems and features of
the building. Green buildings can include, among other things, the use of certified sustainable
wood products, extensive use of high -recycled -content products; recycling of waste that occurs
during deconstruction, demolition and construction; orientation and design of a building to
reduce the demand on the heating, ventilating, and air conditioning systems; the use of heating,
ventilating, and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses, and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. Build It Green has developed the New Home, Existing Home and Multi -Family
Green Building Guidelines and associated GreenPoints Calculators, which have been adopted for
use in approximately 70 Bay Area jurisdictions; and
WHEREAS, construction of buildings in accordance with the GreenPoint Rated and
LEED° rating systems results in average energy savings of about 20% compared with buildings
constructed in accordance with current minimum standards of the state building code; and
WHEREAS, representatives of all municipalities within Marin County and of the county
government participated in a collaborative effort known as the Marin Green BERST (Green
Building, Energy Retrofit and Solar Transformation) Task Force, held meetings on June 11, July
13, September 29 and 30, and November 19, 2009 and endorsed a model green building
ordinance recommended by a Technical Advisory Committee comprised of over 50 experts in the
fields of architecture, building construction, green building, building energy systems, energy
conservation, water conservation, building inspection, planning and real estate over the course of
11 meetings; and
WHEREAS, study sessions on the proposed model green building regulations were held
by the San Rafael City Council on November 2, 2009, by the San Rafael Planning Commission
on November 10, 2009 and by the San Rafael Design Review Board on September 22, 2009; and
WHEREAS, on December 15, 2009, the San Rafael Planning Commission conducted a
public hearing and recommended adoption of the proposed Municipal Code amendments to the
City Council;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael adopts the following Standards for Compliance and Incentives for administration of Green
Building regulations contained in Chapter 12.44 of the San Rafael Municipal Code:
Standards for Compliance
All covered projects shall be constructed using the green building standards listed on Table A for
residential projects and on Table B for non-residential projects, which tables are incorporated
herein by reference.
Incentives
Projects which meet the following enhanced green building standards are entitled to
administrative and financial incentives:
a) Construction of new single-family or duplex dwelling units which achieve at least one
hundred (100) points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated GreenPoints Calculator
published by Build It Green,
b) Construction of new multi -family dwelling units where the total construction project
achieves at least one hundred (100) points using the most recently published edition of
the Multifamily Green Building Guidelines and the associated GreenPoints Calculator
published by the Build It Green,
c) New non-residential construction projects which achieve at least a LEED® "Gold" rating
using the most recently published version of the LEED® for New Construction or other
more appropriate LEED® rating system as determined by the Chief Building Official
based on the proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks,
b) Reimbursement for costs of a Certified GreenPoint Rater associated with verification of
compliance with green building regulations for residential projects,
c) Provision of a plaque certifying the building as meeting the City's Green Building
Standards,
d) Provision of a City Green Building logo for placement on construction and sales signage,
and
e) Listing on the City's website for a period of time, as determined by the Community
Development Director.
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Covered Projects — Definition.
A Covered Project for the purposes of Chapter 12.44 of the San Rafael Municipal Code
means all single-, two-, or multi -family construction, single- or two-family renovation
projects and all non-residential construction or renovation set forth in Tables A and B,
attached and incorporated herein.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on Tuesday, the 19th day of January, 2010, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk