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HomeMy WebLinkAboutOrdinance 1853 (Green Building Requirements)CLERK'S CERTIFICATE I, JEANNE M. LEONCIN1, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1853 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING: 1) AMENDING CHAPTER 14.03 TO ADD DEFINITIONS PERTAINING TO GREEN BUILDING REQUIREMENTS AND 2) ADDING SECTION 14.16.275 ESTABLISHING GREEN BUILDING REQUIREMENTS FOR NEW DEVELOPMENT" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of July. 2007. published as required by City Charter in the MARIN INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 16th day of July, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of July, 2007 4ANNE M. LEONCINI City Clerk ORDINANCE NO. 1853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING: 1) AMENDING CHAPTER 14.03 TO ADD DEFINITIONS PERTAINING TO GREEN BUILDING REQUIREMENTS AND 2) ADDING SECTION 14.16.365 ESTABLISHING GREEN BUILDING REQUIREMENTS FOR NEW DEVELOPMENT. WHEREAS, the design, construction and operation of buildings and structures within the city can have a significant impact on the city's environmental sustainability, resource usage, energy efficiency, waste management and the health and productivity of residents, workers and visitors; and WHEREAS, the design, construction and operation of buildings and structures also has far- reaching effects on the region and globally through production of greenhouse gases resulting in global climate change and the consumption of resources that impact wildlife habitat; 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. The Alameda County Waste Management Authority has developed the New Home, Remodeling and Multi -Family Green Building Guidelines and associated Green Points Calculators, which have been adopted for use in several Bay Area jurisdictions; and WHEREAS, according to recent studies published by the United States Green Building Council and the U.S. Environmental Protection Agency, the construction, demolition and operation of buildings in the United States collectively consume up to 37% of the total energy used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and 10% of fire particulate emissions; and WHEREAS, by requiring buildings within the City of San Rafael to be constructed in an environmentally responsible manner, the City of San Rafael is participating in global endeavors to reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change; and WHEREAS, on July 24, 2006, the City Council held a study session on potential elements of a Green Building Program, providing direction to staff; and WHEREAS, on May 29 and June 12, 2007, the San Rafael Planning Commission conducted public hearings and recommended adoption of Zoning Ordinance amendments to the City Council which included green building regulations and other resource conservation and community health regulations, and recommended approval of the proposed ordinance; and WHEREAS, the amendments to Title 14 - Zoning of the San Rafael Municipal Code are based on the following findings: The proposed amendments would be consistent with the policies and programs of the San Rafael General Plan 2020 that are pertinent to the City's Zoning Ordinances. These proposed amendments implement provisions of Goal 32 (Resources Used Wisely), 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 Policy AW -8 (Reduce Pollution from Urban Runoff) in that the proposed green building requirements would result in greater energy efficiency and water conservation, use of recycled and sustainably produced building materials, and recycling and reuse of construction debris. 2. The public health, safety and general welfare would not be adversely impacted by the proposed amendments which reduce impacts on respiratory health and chemical sensitivity of residents and visitors, reduce production of greenhouse gases, reduce impacts on wildlife and vegetative habitats and reduce generation and landfilling of waste products; and WHEREAS, it has been determined that these amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines which exempt changes in land use regulations intended for the protection of the environment. The proposed regulations would reduce local, regional and global impacts on air and water quality, resource consumption, waste generation and habitat change. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS: DIVISION 1: Section 14.03.030 of the San Rafael Municipal Code is hereby amended as follows: 14.03.030 Definitions. Add the following definitions: "Certified green building rater" means a person or organization certified or designated by a green building rating organization associated with a specific green building rating system adopted by city council resolution for performing inspections and providing documentation to assure compliance with green building requirements. "Conditioned floor area" has the meaning set forth in Section 101(b) of the 2005 California Building Energy Efficiency Standards. "Green Building Rating Calculator' means a rating system adopted by city council resolution for determining compliance of new construction with green building requirements. "LEEDe" means any one of the U.S. Green Building Council's Leadership in Energy and Environmental Design green building rating systems or programs. "LEED® accredited professional" means a person who is accredited by the U.S. Green Building Council as having a thorough understanding of green building practices and principles and familiarity with LEED® requirements, resources and processes. DIVISION 2: Section 14.16.365 is hereby added to the San Rafael Municipal Code as follows: Section 14.16.365 Green Building A. Purpose. The purpose of this section is to enhance the public health and welfare and assure that residential development is consistent with the City's desire to create a more sustainable community by incorporating green building measures into the design, construction and maintenance of buildings and 2 appurtenant development. The green building practices referenced in this section are designed to achieve the following objectives: 1. Encourage resource conservation; 2. Reduce waste generated by construction projects; 3. Increase energy and water efficiency; and 4. Promote the health of residents. B. Covered Projects. This section shall apply to: 1. The construction of new residential dwelling units or additions to existing dwelling units which equal or exceed 500 square feet and constitute at least a fifty percent (50%) increase in conditioned floor area of the existing structure. 2. The construction of new non-residential buildings or additions to existing buildings which equal or exceed 5,000 square feet of conditioned floor area. C. Standards for Compliance. All covered projects shall demonstrate compliance with the rating system and minimum point requirements established by separate resolution of the city council, as amended from time to time. D. Documentation. 1. Residential Projects. Applications for building permits for covered residential projects shall submit two (2) sets of a completed Green Building Rating Calculator and supporting documentation indicating the measures to be used to achieve the required number of points in each rating category. The submitted Green Building Rating Calculator shall be prepared or certified as accurate by a Certified Green Building Rater. Building plans shall indicate in the general notes or individual detail drawings, where appropriate, the green building measures to be used to attain the required number of points. 2. Non-residential Projects. a. Projects from 5,000 to 29,999 square feet of conditioned floor area: All applicants are required to retain the services of a LEED® Accredited Professional and submit a copy of the LEED® checklist and supporting documentation indicating compliance with the City's Standards for Compliance, signed by the project LEED® Accredited Professional prior to issuance of a building permit. All building documents shall indicate in the general notes and/or individual detail drawings, where feasible, the green building measures employed to attain the applicable LEED® rating. b. Projects exceeding 29,999 square feet of conditioned floor area: Covered non-residential projects shall follow the certifying and procedural requirements of the U.S. Green Building Council for the LEED® rating system used. All applicants are required to retain the services of a LEED® Accredited Professional and complete LEED® project registration prior to issuance of a building permit. Applicants shall submit proof of registration of the project with the U.S. Green Building Council and submit a copy of the LEED® checklist and supporting documentation indicating compliance with the City's Standards for Compliance, signed by the project LEED® Accredited Professional prior to issuance of a building permit. All building documents shall indicate in the general notes and/or individual detail drawings, where feasible, the green building measures employed to attain the applicable LEED® rating. The applicant shall also provide to the Building Official with online access to the U.S. Green Building Council website in order for the Building Official to monitor the submission of documents by the applicant to the U.S. Green Building Council. If the Building Official determines the project is no longer in compliance with the approved plans or that the applicant is not diligently pursuing LEED® certification by the U.S. Green Building Council, the Building Official may issue a stop work order. c. The City Council may, by resolution, adopt an alternative green building rating system than LEED®. E. Review of Documentation. If the Chief Building Official determines that the Green Building documentation fails to indicate that the project will conform to the Standards for Compliance, the documentation shall be returned to the applicant as incomplete, with an indication of additional information or project modifications that may be required for approval. A building permit, including a grading permit, shall not be issued until the submittal documentation has been approved. F. Verification. 1. Residential projects. A Certified Green Building Rater or City building inspector shall verify that the green building measures indicated in the approved green building documentation have been implemented through inspections during the construction of the project or through review of purchase receipts or photographic documentation. At the completion of project construction, the Certified Green Building Rater or City building inspector shall verify compliance with the approved green building documentation and the Standards for Compliance. During the verification process for the project, flexibility may be exercised by substituting other allowable compliance measures. Substitution of measures must be approved by the Chief Building Official by submittal and approval of a revised Green Building Rating Calculator by the Certified Green Building Rater. An occupancy permit or final inspection approval for the construction project shall not be granted until the Chief Building Official has determined that all required green building measures have been implemented. 2. Non-residential projects. a. Projects from 5,000 to 29,999 square feet of conditioned floor area: A LEED®Accredited Professional shall verify that the green building measures indicated in the approved green building documentation have been implemented through inspections during the construction of the project or through review of purchase receipts or photographic documentation. At the completion of project construction, the LEED®Accredited Professional shall verify compliance with the approved green building documentation and the Standards for Compliance. During the verification process for the project, flexibility may be exercised by substituting other allowable compliance measures. Substitution of measures must be ape roved by the Chief Building Official by submittal and approval of a revised LEED® checklist by the LEED Accredited Professional. An occupancy permit or final inspection approval for the construction project shall not be granted until the Chief Building Official has determined that all required green building measures have been implemented. Certification through the U.S. Green Building Council is not required. b. Projects exceeding 29,999 square feet of conditioned floor area: Prior to approval of a final inspection for any covered non-residential project, the applicant shall demonstrate substantial completion of the LEED® documentation for the project as evidenced by accessing the online information of the project on the U.S. Green Building Council's website, following which the Chief Building Official shall grant a conditional occupancy permit if all other requirements have been satisfied. Within one year of granting such conditional occupancy permit, the applicant (or current owner) shall submit satisfactory evidence of LEED® certification to the Chief Building Official. Failure of the applicant to submit such evidence shall be a violation of this Code, entitling the Chief Building Official to revoke the conditional occupancy permit, require the vacancy of the building, and/or impose a civil penalty of $500 per day against the applicant (or current owner) until such evidence of certification has been submitted. G. Costs of Verification. The costs for verification of compliance with green building requirements, including the hiring of a Certified Green Building Rater or a LEED®Accredited Professional, shall be borne by applicants for building permits. H. Exemptions. 1. This section shall not apply to: a. Second dwelling units, b. Civic facilities which are located within leased buildings, or c. Any project which received and maintains a valid planning approval or a building permit or which has submitted a complete planning application or building permit application prior to the effective date of the ordinance unless otherwise required as a condition of approval of the planning application. 2. Hardship or Infeasibility Exemption. An exemption from the Standards for Compliance may be granted by the Community Development Director under special circumstances. Such circumstances may include, but are not limited to: availability of green building materials and technology, conflict between green 4 building requirements with other building or zoning standards, or provision of alternate methods that provide greater resource conservation, energy conservation or resident health than adopted green building measures. The determination by the Community Development Director shall be provided in writing to the applicant, with a revised Green Building Rating Calculator. The decision of the Community Development Director may be appealed to the Planning Commission in compliance with the requirements of Chapter 14.28, Appeals. DIVISION 3: This Ordinance shall not be applicable to any development project for which an application has been filed for either a planning approval or a building permit prior to the effective date of the ordinance. DIVISION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. //1' ` ALBERT J. RO, May ATTEST: A4�'E NNE M. LEON�INI, City Clerk The foregoing Ordinance No. 1853 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on the 2nd day of July, 2007 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of July, 2007. &. . JEANNE M. LEONCINI, City Clerk 5