HomeMy WebLinkAboutOrdinance 1879 (Green Building Regulations)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1879 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE MUNICIPAL CODE INCLUDING: 1) AMENDING CHAPTER 12.44
TO REPLACE ENERGY EFFICIENCY STANDARDS FOR SINGLE FAMILY
DWELLINGS WITH GREEN BUILDING REGULATIONS; 2) AMENDING CHAPTERS
12.16 (CALIFORNIA PLUMBING CODE) AND 12.20 (CALIFORNIA ELECTRICAL
CODE) TO INCLUDE REQUIREMENTS FOR PRE -WIRING AND PRE -PLUMBING
NEW RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS FOR SOLAR
PHOTOVOLTAIC OR SOLAR HOT WATER SYSTEMS; 3) AMENDING CHAPTER
12.16 (CALIFORNIA PLUMBING CODE) TO INCLUDE A REQUIREMENT FOR
INSULATING HOT WATER PIPES WHEN EXPOSED DURING REMODELING; 4)
AMENDING CHAPTER 12.12 (CALIFORNIA BUILDING CODE) TO INCLUDE A
REQUIREMENT FOR INSTALLATION OF A RADIANT BARRIER DURING
REROOFING; 5) ADDING CHAPTER 12.46 CONSTRUCTION AND DEMOLITION
DEBRIS; 6) DELETING SECTION 14.16.365 (GREEN BUILDING); AND 7) DELETING
DEFINITIONS PERTAINING TO GREEN BUILDING REQUIREMENTS FROM CHAPTER
14.03
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 19th day of January, 2010, a
SUMMARY of Ordinance No. 1879 was 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 1 st day of February, 2010, by the following vote, to wit:
AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
3rd day of February, 2010
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE MUNICIPAL CODE INCLUDING: 1) AMENDING CHAPTER
12.44 TO REPLACE ENERGY EFFICIENCY STANDARDS FOR SINGLE FAMILY
DWELLINGS WITH GREEN BUILDING REGULATIONS; 2) AMENDING
CHAPTERS 12.16 (CALIFORNIA PLUMBING CODE) AND 12.20 (CALIFORNIA
ELECTRICAL CODE) TO INCLUDE REQUIREMENTS FOR PRE -WIRING AND
PRE -PLUMBING NEW RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS
FOR SOLAR PHOTOVOLTAIC OR SOLAR HOT WATER SYSTEMS; 3)
AMENDING CHAPTER 12.16 (CALIFORNIA PLUMBING CODE) TO INCLUDE A
REQUIREMENT FOR INSULATING HOT WATER PIPES WHEN EXPOSED
DURING REMODELING; 4) AMENDING CHAPTER 12.12 (CALIFORNIA
BUILDING CODE) TO INCLUDE A REQUIREMENT FOR INSTALLATION OF A
RADIANT BARRIER DURING REROOFING; 5) ADDING CHAPTER 12.46
CONSTRUCTION AND DEMOLITION DEBRIS; 6) DELETING SECTION 14.16.365
(GREEN BUILDING); AND 7) DELETING DEFINITIONS PERTAINING TO
GREEN BUILDING REQUIREMENTS FROM CHAPTER 14.03.
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
2
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 Section 18941.5(2)(b) of the California Health and Safety
Code states that, "neither the State Building Standards Law contained in this part, nor the
application of building standards contained in this section, shall limit the authority of a city or
county to establish more restrictive building standards, including, but not limited to, green
building standards, 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
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 a 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
3
(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 I 1 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, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 1: The City Council finds as follows:
A. The adoption of this ordinance is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15308 of the
CEQA Guidelines (14 Cal. Code §15308) because it is an action taken by a
regulatory agency for the protection of the environment and no exceptions to this
categorical exemption apply.
B. The proposed amendments are consistent with the policies and programs of the San
Rafael General Plan 2020, including Conservation Element Policy CON -18
(Resource -Efficient Building Design), Program CON -1 8a (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) in that the proposed green building requirements will result in
greater energy efficiency and water conservation, use of recycled and sustainably
produced building materials and reduction in the waste stream through recycling and
reuse of construction debris.
C. The public health, safety and general welfare will not be adversely impacted by the
proposed amendments which reduce impacts on respiratory health and chemical
sensitivity of building occupants, reduce production of greenhouse gases, reduce
impacts on wildlife and vegetative habitats and reduce generation and landfilling of
waste products.
D. In conformance with California Health and Safety Code Section 17958.5, local
climatic conditions require the adoption of local building code amendments to
implement green building techniques and increase building energy efficiency since
total energy consumption from residential structures in Marin County increased
18.5% between 1995 and 2000 and the energy use in residential and non-residential
buildings within the City of San Rafael generated 34% of the city's total annual
0
greenhouse gas emissions in 2005 and is forecasted to increase 9.6% for residential
buildings and 13.1 % for non-residential buildings between 2005 and 2020. The
increased contribution to greenhouse gas production from local sources will
contribute to overall climate change, resulting in the increased height of San
Francisco Bay, more wildland fires, reduced water supply and significantly increased
City costs for public services and infrastructure protection.
E. In conformance with Public Resources Code Section 25402.1(h)(2), Gabel
Associates, LLC has prepared a study which will be submitted as evidence to the
California Energy Commission which demonstrates the feasibility and cost-
effectiveness of the proposed municipal code amendments.
DIVISION 2: Chapter 12.44 (Energy Efficiency Standards for Single Family Dwellings) of
the San Rafael Municipal Code is hereby deleted and a new Chapter 12.44 (Green Building
Regulations) is hereby added to read as follows:
Chapter 12.44 Green Building Requirements.
Sections:
12.44.010
Purpose
12.44.020
Applicability
12.44.030
Definitions
12.44.040
Standards for Compliance
12.44.050
Incentives for Compliance
12.44.060
Administrative Procedures
12.44.070
Exemptions
12.44.080
Appeal
12.44.010 Purpose.
The purpose of this Chapter is to enhance the long-term public health and welfare by
contributing to the overall reduction of greenhouse gas production and emissions and
improving the environmental and economic health of the City through the efficient design,
construction, operation, maintenance and deconstruction of buildings and site development
by incorporating green building practices and materials. The green building provisions
referenced in this Chapter are designed to achieve the following objectives:
a. Increase energy efficiency in buildings;
b. Encourage water and resource conservation;
c. Reduc a waste generated by construction projects;
d. Reduce long-term building operating and maintenance costs; and
e. Improve indoor air qu ality and occupant health; and
f. Contribute to meeting the state and local commitments to reduce greenhouse gas
production and emissions.
12.44.020 Applicability.
The provisions of this Chapter shall apply to all construction or development projects defined
below as a "Covered Project."
5
12.44.030 Definitions.
For the purposes of interpreting this Chapter and the associated Standards for Compliance,
the following terms are defined as follows. When the definitions below differ from those
contained elsewhere in this Title, the provisions of this Chapter shall apply.
a. "Addition" means the addition of building square footage to an existing structure.
b. "BIG" means Build It Green, a non-profit organization which established and
maintains the Green Point Rated system for evaluating and certifying residential
green buildings and green building professionals.
c. "BP I" means the Building Performance Institute, a non-profit organization which
provides training and certification of green building professionals.
d. "Building envelope" means the ensemble of exterior and demising partitions of a
building and roof structure that enclose conditioned space.
e. "Complian ce threshold" means the minimum number of points or rating level
required to be achieved by a particular Covered Project as set forth by the Standards
for Compliance outlined in Section 12.44.040.
f. "Conditioned space" means any area within a building or structure that is heated or
cooled by any equipment.
g. "Covered project" means a development project for new construction or renovations
for which one or more building permits are required and which is also designated as a
"Covered Project" by resolution of the City Council as described in Section
12.44.040.
h. "GBCI" means the Green Building Certification Institute, a non-profit organization
which certifies green buildings and green building professionals under the LEED®
rating system.
i. "Green building" means a comprehensive process of design and construction that
employs techniques to increase the efficiency of resource use, including energy,
water and building materials, while minimizing adverse impacts on human health and
the natural environment.
j. "Green building checklist" means a checklist or rating sheet used for calculating a
green building rating.
k. "Green building rating system" means a standardized rating system providing specific
criteria to determine the level of compliance of building projects as set forth by the
Standards for Compliance outlined in Section 12.44.040.
1. "GreenPoint Rated" means a residential building certified as complying with the
green building rating systems developed by the Build It Green organization.
m. "GreenPoint Rater" means an individual certified by Build It Green as capable of
evaluating and rating residential construction projects for compliance with the
GreenPoint Rated green building rating systems.
n. "HERS" means the Home Energy Rating System adopted by the California Energy
Commission.
0
o. "LEED®" means the "Leadership in Energy and Environmental Design" green
building rating system developed by the U.S. Green Building Council.
p. "LEED®AP" means an individual who has been certified a LEED® Accredited
Professional by the U.S. Green Building Council or the Green Building Certification
Institute as capable of evaluating and rating construction projects for compliance with
the LEED® green building rating systems.
q. "Net Zero Energy" means a building that has a net annual Time Dependent Valued
(TDV) Energy Consumption, as defined by Title 24 of the California Code of
Regulations, of zero, accounting for both energy consumption and the use of on-site
renewable energy production.
r. "New construction" means the construction of a new or replacement residential
dwelling unit or a new or expanded non-residential building.
s. "Qualified green building rater" means an individual who has been trained and
certified as a LEED®AP, GreenPoint Rater or has similar qualifications and
certifications if acceptable to the Chief Building Official.
t. "Renovation" means any remodeling, modification or tenant improvement to an
existing building that includes replacement or alteration of at least two of the
following: heating/ventilating/air conditioning system, building envelope, hot water
system or lighting system, but excluding improvements and project valuation related
to seismic or disabled access, building replacement due to catastrophic loss due to
flood or earthquake damage or installation of renewable energy systems. Renovation
shall include any addition of conditioned space to an existing dwelling unit.
u. "USGBC" means the U.S. Green Building Council, a non-profit organization which
established and maintains the LEED® rating systems for evaluating and certifying
residential green buildings and green building professionals.
7
12.44.040 Covered Projects - Standards for Compliance.
The City Council shall adopt a resolution defining which projects shall be deemed to be
"Covered Projects" within the meaning of this Chapter, and establishing "Standards for
Compliance" applicable to those Covered Projects, which standards shall include, but not be
limited to the green building rating system(s) applicable to various types and sizes of
Covered Projects; minimum compliance thresholds for various types and sizes of Covered
Projects; and methods for verification of compliance with the adopted standards. In applying
Standards for Compliance under this Chapter:
a. Cumulative new construction or renovations over any one-year period shall be
considered as a single Covered Project, and subject to the highest compliance
threshold based on the cumulative project size or valuation.
b. The Chief Building Official shall determine the appropriate project valuation based
on the cost of similar improvements, and may request substantiating documentation
from the applicant. Where Compliance Thresholds contain project size ranges
expressed as both building square footage and project valuation, the intent is to base
project requirements upon the project valuation range. However the Chief Building
Official shall have the authority to determine whether the building square footage or
valuation range most accurately reflects the scope of the proposed project for
purposes of determining the required minimum Compliance Threshold.
c. The Chief Building Official may determine that an alternative green building rating
system may be used to determine project compliance, where it can be demonstrated
that the alternative rating system is as stringent as or greater in terms of reduced
energy and resource use and improved interior air quality than that normally required
by the Standards for Compliance.
d. Mixed use (residential and non-residential) projects must comply either with the
applicable Covered Project requirements for the respective residential and non-
residential portions of the project, or may propose to utilize a mixed use rating
system, subject to approval by the Chief Building Official.
e. The cost of reviewing any proposals requesting the use of alternate green building
rating systems or requests for exemptions including, but not limited to, the cost to the
City of hiring a consultant to review the proposal, shall be borne by the applicant.
f. All buildings submitted for permit must meet all applicable requirements of the 2008
Building Energy Efficiency Standards, California Code of Regulations, Title 24, Part
6, or subsequently adopted state energy standards.
g. The applicable green building rating system shall be that which is most recently
adopted by Build It Green or the U.S. Green Building Council. The green building
rating system in effect at the time of building permit submittal shall be that which is
applicable to the development project throughout the project construction.
12.44.050 Incentives for Compliance.
In addition to the required Standards for Compliance, the City Council may establish by
resolution financial or application processing incentives and/or award or recognition
programs to encourage higher levels of green building compliance for a project.
12.44.060 Administrative Procedures.
The procedures for compliance with the provisions of this Chapter shall include, but not be
limited to, the following:
a. Projec t design. Applicants for a Covered Project are strongly encouraged to involve a
qualified green building rater in the initial design phases of the project in advance of
submittal of an application to determine applicable green building compliance
thresholds and the most cost effective and appropriate means of achieving
compliance.
b. Planning applications. If a discretionary planning application is required for a
Covered Project, applicants should be prepared to identify expected green building
measures to be included in the project to achieve the compliance thresholds.
Applicants should identify any anticipated difficulties in achieving compliance and
any exemptions from the requirements of this Chapter that may be requested.
c. Building pla n check review. Upon submittal of an application for a building permit,
building plans for any Covered Project shall include a green building program
description and completed checklist. The checklist shall be incorporated onto a
separate full-sized plan sheet included with the building plans. A qualified green
building rater shall provide evidence that the project, as indicated by the project plans
and green building program description, will achieve the Standards for Compliance
established in or pursuant to Section 12.44.040 prior to issuance of a building permit.
d. Changes during construction. During the construction process, alternate green
building measures may be substituted, provided that the qualified green building rater
provides documentation of the proposed change and the project's continued ability to
achieve the Standards for Compliance to the Chief Building Official.
e. Final b uilding inspection. Prior to final building inspection and occupancy for any
Covered Project, a qualified green building rater shall provide evidence that project
construction has achieved the required compliance set forth in the Standards for
Compliance established in or pursuant to Section 12.44.040. The Chief Building
Official shall review the documentation submitted by the applicant, and determine
whether the project has achieved the compliance threshold as set forth in the
Standards for Compliance established in or pursuant to Section 12.44.040. Where
subsequent certification of the building is required by the Standards for Compliance,
the Chief Building Official shall also determine whether the applicant has
demonstrated that such certification is in process and will be achieved not later than
one year after approval of final building inspection. If the Chief Building Official
determines that the applicant has met these requirements, the final building inspection
may proceed.
f. Post final inspection requirement. Where certification of the building is required by
the Standards for Compliance, and such certification is only available subsequent to
occupancy of the completed building, the applicant shall provide documentation of
0
such certification within one year of the date of the final building inspection for the
project. Failure to provide evidence of this certification within this timeframe, or
within an alternate timeframe as determined by the Chief Building Official, will
result in a determination that the Covered Project is not in compliance with the
requirements of this Chapter.
g. Conflict with other laws. The provisions of this Chapter are intended to be in
addition to and not in conflict with other laws, regulations and ordinances relating to
building construction and site development. If any provision of this Chapter conflicts
with any duly adopted and valid statutes or regulations of the federal government or
the State of California, the federal or state statutes or regulations shall take
precedence.
12.44.070 Exemptions.
a. The provisions of this Chapter shall not apply to:
1. Buildings which are temporary (such as construction trailers).
2. Building area which is not or is not intended to be conditioned space.
3. Any requirements of this Chapter which would impair the historic integrity of any
building listed on a local, state or federal register of historic structures, as
determined by the Chief Building Official. In making such a determination, the
Chief Building Official may require the submittal of an evaluation by an
architectural historian or similar expert.
b. Hardship or Infeasibility Exemption. If an applicant for a Covered Project believes
that circumstances exist that make it a hardship or infeasible to meet the requirements
of this Chapter, the applicant may request an exemption as set forth below. In
applying for an exemption, the burden shall be on the applicant to show hardship or
infeasibility.
1. Application. The applicant shall identify in writing the specific requirements of
the Standards for Compliance that the project is unable to achieve and the
circumstances that make it a hardship or infeasible for the project to comply with
this Chapter. Circumstances that constitute hardship or infeasibility shall include,
but are not limited to, the following:
L There is a conflict between the provisions of the applicable green building
rating system and the California Building Standards Code, other State code
provisions, other requirements of this Title or conditions imposed on the
project through a previously approved planning application;
ii. There is a lack of commercially available green building materials and
technologies to comply with the green building rating system;
iii. That the cost of achieving compliance is disproportionate to the overall cost
of the project;
iv. That physical conditions of the project site make it impractical to incorporate
necessary green building measures or achieve the Standards for Compliance;
10
v. That compliance with certain requirements would impair the historic integrity
of buildings listed on a local, state or federal list or register of historic
structures;
2. Granting of exemption. If the Chief Building Official determines that it is a
hardship or infeasible for the applicant to fully meet the requirements of this
Chapter, the Chief Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. In making this
determination, the Chief Building Official shall consider whether alternate,
practical means of achieving the objectives of this Chapter can be satisfied, such
as reducing comparable energy use at an offsite location within the City. If an
exemption is granted, the applicant shall be required to comply with this chapter
in all other respects and shall be required to achieve the threshold of compliance
determined to be achievable by the Chief Building Official.
3. Denial of exemption. If the Chief Building Official determines that it is
reasonably possible for the applicant to fully meet the requirements of this
Chapter, the request shall be denied and the applicant shall be notified of the
decision in writing. The project and compliance documentation shall be modified
to comply with the Standards for Compliance.
12.46.080 Appeal.
Any aggrieved applicant or person may appeal a Chief Building Official's determination
under this Chapter, including a determination regarding compliance with the provisions of
this Chapter and a determination on the approval or denial of an exemption under Section
12.46.070, to the City Council by filing a written appeal with the City Clerk and paying the
necessary filing fee within ten (10) days of the determination.
DIVISION 3: A new Section 12.16.025 (Solar water heater pre -plumbing requirements) is
hereby added to the San Rafael Municipal Code to read as follows:
12.16.025 Solar water heater pre -plumbing requirements.
All new residential dwelling units shall include plumbing specifically designed to allow the
later installation of a system which utilizes solar energy as a means of heating domestic
potable water. Construction specifications to accomplish this requirement shall be adopted
by the Chief Building Official. No building permit shall be issued unless the requirements of
this section are incorporated into the approved building plans. The provisions of this section
can be modified or waived when it can be satisfactorily demonstrated to the Chief Building
Official that the requirements are impractical due to shading, building orientation,
construction constraints or configuration of the parcel.
DIVISION 4: A new Section 12.20.025 (Photovoltaic pre -wiring requirements) is hereby
added to the San Rafael Municipal Code to read as follows:
12.20.025 Photovoltaic pre -wiring requirements.
New non-residential buildings over 5,000 square feet in floor area and all new residential
dwelling units shall include electrical conduit specifically designed to allow the later
installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide
I
electricity. Construction specifications to accomplish this requirement shall be adopted by
the Chief Building Official. No building permit shall be issued unless the requirements of
this section are incorporated into the approved building plans. The provisions of this section
can be modified or waived when it can be satisfactorily demonstrated to the Chief Building
Official that the requirements are impractical due to shading, building orientation,
construction constraints or configuration of the parcel.
DIVISION 5: Section 12.12.020 (Amendments made to the California Building Code) of
the San Rafael Municipal Code is hereby amended to add the following amendment:
Section 1510 is amended by adding the following subsection:
1510.1.2 Radiant Barriers. When reroofing causes the roof sheathing to be removed, a
radiant barrier (reflective insulation) shall be installed in conjunction with the reroofing
project.
DIVISION 6: Section 12.16.020 (Amendments to the California Plumbing Code) of the San
Rafael Municipal Code is hereby amended to add the following amendment:
Section 1500) is amended by adding the following subsection:
150 (j).4 Hot water piping insulation. When hot water pipes are exposed by removal of wall
surfaces insulation shall be installed having a minimum thickness of 1 inch for pipe diameter
of 2 inches or less, and having a minimum thickness of 1.5 inches for pipe diameter
exceeding 2 inches.
DIVISION 7: A new Chapter 12.46 (Requirement to Divert Construction and Demolition
Debris from Landfill) is hereby added to the San Rafael Municipal Code to read as follows:
Chapter 12.46 Requirement to Divert Construction and Demolition Debris from
Landfill.
Sections:
12.46.010
Definitions
12.46.020
Threshold for covered projects
12.46.030
Submission of Waste Management Plan
12.46.040
Review of Waste Management Plan
12.46.050
Compliance with Waste Management Plan
12.46.060
Exemption
12.46.070
Appeal
12.46.010 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
a. "Applican t" 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.
12
b. "Construction" means the building of any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure.
c. "Construction and Demolition Debris" means used or discarded materials removed
from premises during construction or renovation of a structure resulting from
construction, remodeling, repair or demolition operations on any pavement, house,
commercial building or other structure.
d. "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table
approved by the City Community Development Department pursuant to this Chapter
for use in estimating the volume or weight of materials identified in a Waste
Management Plan.
e. "Covered Project " means any construction, demolition or renovation project which is
1,000 square feet or greater for which one or more building permits are required.
f. "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.
g. "Divert" means to use material for any lawful purpose other than disposal in a landfill
or transformation facility.
h. "Diversion Requirement" means the diversion of at least fifty (50) percent of the total
Construction and Demolition Debris generated by a Project via reuse or recycling,
unless the Applicant has been granted an Exemption pursuant to Section 12.46.060 of
this Chapter, in which case the Diversion Requirement shall be the maximum feasible
diversion rate established by the Chief Building Official for the Covered Project.
12.46.020 Threshold for Covered Projects.
a. Covered Projects: Every construction, demolition and renovation project which is
1,000 square feet or greater for which one or more building permits is required shall
comply with this Chapter.
b. Compliance as a Condition of Approval: Compliance with the provisions of this
Chapter shall be listed as a condition of approval on any building or demolition
permit issued for a Covered Project provided, however, that any omission of such
condition shall not affect the Applicant's duty to comply with this section.
12.46.030 Submission of a Waste Management Plan.
a. Waste Management Plan Forms: Applicants for building or demolition permits for
any Covered Project shall complete and submit a Waste Management Plan ("WMP"),
on a WMP form approved by the City for this purpose. The completed WMP shall
indicate all of the following:
1. the estimated volume or weight of project construction and demolition debris, by
materials type, to be generated;
2. the estimated maximum volume or weight of such materials that can feasibly be
diverted through material reuse;
3. the estimated maximum volume or weight of such materials that can feasibly be
diverted through recycling;
13
4. the vendor and/or facility that the Applicant proposes to use to collect or receive
said materials;
5. the estimated volume or weight of construction and demolition materials that will
be landfilled.
b. Calculating Volume and Weight of Debris: In estimating the volume or weight of
materials identified in the WMP, the Applicant shall use the standardized Conversion
Rates approved by the City for this purpose, which shall be provided to the Applicant
with the WMP application form.
12.46.040 Review of a Waste Management Plan.
Approval: No building or demolition permit shall be issued for any Covered Project
unless and until the Chief Building Official has approved the WMP application.
Approval shall not be required, however, where an emergency demolition is required
to protect public health or safety, as determined by the Chief Building Official, Public
Works Director or Fire Chief. The Chief Building Official shall only approve a
WMP application if he or she first determines that all of the following conditions
have been met:
1. the WMP application provides all of the information set forth in Section
12.46.030(a) of this Chapter; and
2. the WMP application indicates that at least fifty (50) percent of all construction
and demolition debris generated by the Project will be diverted.
b. Non -approval: If the Chief Building Official determines that the WMP application is
incomplete or fails to indicate that at least fifty (50) percent of all construction and
demolition debris generated by the Project will be reused or recycled, he or she shall
return the WMP application to the Applicant, including a statement of reasons and
shall deny issuance of building or demolition permits.
14
12.46.050 Compliance with a Waste Management Plan.
a. Documentation: Within thirty (30) days after completion of any Covered Project, the
Applicant shall submit to the Chief Building Official documentation that it has met
the Diversion Requirement for the Project. This documentation shall include all of
the following:
1. Receipts from the vendor or facility which collected or received each material
showing the actual weight or volume of the material received;
2. A copy of the previously approved WMP application for the Project setting forth
the actual volume or weight of each material diverted and landfilled;
3. Any additional information the Applicant believes provides evidence of
compliance with the provisions of this Chapter.
b. Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all
construction and demolition debris diverted or landfilled are measured and recorded
using the most accurate method of measurement available. To the extent practical, all
construction and demolition debris shall be weighed by measurement on scales. Such
scales shall be in compliance with all regulatory requirements for accuracy and
maintenance. For construction and demolition debris for which weighing is not
practical due to small size or other considerations, a volumetric measurement shall be
used. For conversion of volumetric measurements to weight, the Applicant shall use
the standardized Conversion Rates approved by the City for this purpose.
c. Deter mination of Compliance: The Chief Building Official shall review the
information submitted under subsection (a) of this Section and determine whether the
Applicant has complied with the Diversion Requirement.
d. Good Faith Effort to Comply: If the Chief Building Official determines that the
Diversion Requirement has not been achieved, he or she shall determine on a case-
by-case basis whether the Applicant has made a good faith effort to comply with this
Chapter. In making this determination, the Chief Building Official shall consider the
availability of markets for the construction and demolition debris, the size of the
Project and the nature of its waste stream, and the documented efforts of the
Applicant to divert construction and demolition debris, and this determination shall
be made in writing with reasons stated, and shall be included in the building permit
file.
12.46.060 Exemption.
a. Application: If an Applicant for a Covered Project experiences unique circumstances
that the Applicant believes make it infeasible to comply with the Diversion
Requirement, the Applicant may apply for an exemption at the time that he or she
submits the WMP required under Section 12.46.030(a) of this Chapter. The
Applicant shall indicate on the WMP the maximum rate of diversion that he or she
believes is feasible for each material and the specific circumstances that he or she
believes makes it infeasible to comply with the Division Requirement.
b. Meeting with Chief Building Official: The Chief Building Official shall review the
information supplied by the Applicant and may meet with the Applicant to discuss
possible ways of meeting the Diversion Requirement. Based on the information
15
supplied by the Applicant, the Chief Building Official shall determine whether it is
possible for the Applicant to meet the Diversion Requirement.
c. Granting of Exemption: If the Chief Building 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 application submitted by the Applicant. The
Chief Building Official shall return a copy of the WMP application to the Applicant
marked "Approved for Exemption" and place a copy in the building permit file.
d. Denial of Exemption: If the Chief Building Official determines that it is possible for
the Applicant to meet the Diversion Requirement, he or she shall so inform the
Applicant in writing. The Applicant shall have 30 days to resubmit a WMP
application form in full compliance with Section 12.46.030(a) of this Chapter. If the
Applicant fails to resubmit the WMP application, or if the resubmitted WMP
application does not comply with Section 12.46.030(a) of this Chapter, the Chief
Building Official shall deny the WMP application and shall deny issuance of building
or demolition permits.
12.46.070 Appeal.
Any aggrieved applicant or person may appeal a Chief Building Official's determination
under this Chapter, including a determination regarding compliance with the provisions of
this Chapter and a determination on the approval or denial of an exemption under Section
12.46.060, to the City Council by filing a written appeal with the City Clerk and paying the
necessary filing fee within ten (10) days of the determination.
DIVISION 8: Section 14.16.365 (Green building) of the San Rafael Municipal Code is
hereby deleted.
DIVISION 9: The following portions of Section 14.03.03 (Definitions) of the San Rafael
Municipal Code are hereby deleted:
"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.
"LEED®" 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 LEEDS requirements, resources and processes.
16
DIVISION 10: This Ordinance shall not be applicable to any development project for which
a planning application has been approved or a complete building permit application has been
filed prior to the effective date of the Ordinance.
DIVISION 11: 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 City 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 section, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 12: A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days
prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, or
when the Ordinance provisions are approved by both the California Energy Commission and
the California Building Standards Commission, whichever comes later, and the summary of
this Ordinance shall be published within fifteen (15) days after the adoption, together with
the names of the Councilmembers voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
ALBERT AORO, Mayor
ATTEST:
i1s���`� • (Seal)
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. 1879 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, California, held on the l 9th day of January, 2010 and
ordered passed to print by the following vote, to wit:
AYES:
Councilmembers:
Brockbank, Connolly, Heller, Levine & 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 I st day of February, 2010.
16S FA J&JL4P44-.c (Seal)
ESTHER BEIRNE, City Clerk
17