HomeMy WebLinkAboutOrd 09-24 Approving Amendments to the Dublin Municipal Code Chapter 7.94 to Amend Section 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 and 7.94.120Docusign Envelope ID: 2D3AB85C-5D8B-4DCD-BCO2-C911 D1 FBA1AA
ORDINANCE NO. 09 — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE CHAPTER 7.94 (GREEN
BUILDING CODE) TO AMEND SECTION 7.94.050 (DEFINITIONS) AND TO ADD SECTION
7.94.085 (LOW CARBON CONCRETE) AND SECTION 7.94.120 (LOW CARBON
CONCRETE)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS.
A. Health and Safety Code Section 18938 makes provisions published in the California Building
Standards Code pursuant to Health and Safety Code Section 17922 applicable to all
occupancies throughout the State and effective one hundred and eighty days after publication
by the California Building Standards Commission (the "Commission"), or at a later date
established by the Commission.
B. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish
the authority for a city to adopt and make local amendments and modifications to the building
standards in the California Building Standards Code to establish more restrictive building
standards than those contained in the California Building Standards Code.
C. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a
city to make such local amendments and modifications as the city determines are reasonably
necessary because of local climatic, geological, or topographical conditions.
D. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a
city, before making any amendments and modifications to the California Building Standards
Code, make an express finding that such amendments and modifications are reasonably
necessary because of local climatic, geological, or topographical conditions.
E. Under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code
Section 17958.5 may not become effective until the required findings, and the changes, have
been filed with the California Building Standards Commission; and
F. Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes
or statutes, including codes of the State of California, by reference.
G. A Staff Report was submitted to the Dublin City Council recommending approval of the
proposed amendments to Dublin Municipal Code Chapter 7.94 (Green Building Code).
H. The City Council held a public hearing on the proposed amendments to Dublin Municipal Code
Chapter 7.94 (Green Building Code) on September 3, 2024, at which time all interested
persons had an opportunity to be heard.
I. Proper notice of said hearing was given in all respects as required by law.
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J. The City Council did hear and consider all said reports, recommendations and testimony herein
above set forth and used its independent judgement to evaluate the amendments.
Section 2. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS.
The adoption of the Dublin Building Code, 2022, does not affect any civil lawsuit instituted or filed
or prosecutions for ordinance violations committed on or prior to the effective date of said Code,
does not waive any fee or penalty due and unpaid prior to the effective date of said Code, and
does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the
requirements of any ordinance.
Section 3. REFERENCES TO PRIOR CODE.
Unless superseded and expressly repealed, references in City forms, documents and regulations
to the chapters and sections of the former Dublin Building Code, 2019, shall be construed to apply
to the corresponding provisions contained within the Dublin Building Code, 2022.
Section 4. No penalty clauses are adopted by reference pursuant to this Ordinance. While
Chapter 7.94 of the Dublin Municipal Code remain in force, a reasonable supply of the
incorporated codes shall be available in the office of the City Clerk for public purchase.
Section 5. SEVERABILITY.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances,
such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or
their applicability to other persons or circumstances.
Section 6. POSTING.
This Ordinance shall take effect on January 1, 2025. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Government Code Section 36933.
Section 7. CEQA FINDING.
The City Council hereby finds that the adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to California Code of Regulations Title 14, sections
15002 and 15378 as this Ordinance is not a "project" within the meaning of the State CEQA
Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable
indirect physical change in the environment because it does not authorize the construction of any
new large structures or other physical changes resulting in impacts to the environment.
Section 8. AMENDMENT 7.94.050 OF THE DUBLIN MUNICIPAL CODE.
Section 7.94.050 of the Dublin Municipal Code is hereby amended to read as follows:
7.94.050 Section 202, Chapter 2, Definitions — Amended.
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The following definitions are hereby added to Section 202 of the State Code to read as follows:
ALL -ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for
combustion equipment within the building or building property lines, and instead uses electric
appliances for service.
ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete,
and bituminous mixture), consists of any composite material composed of mineral aggregate
adhered with a binder and commonly used to surface roads and parking lots.
CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as
updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan,
metakaolin pozzolan, silica fume, and slag materials.
CARBON CURE CONCRETE. A technology that introduces recycled CO2 into fresh concrete to
reduce its carbon footprint without compromising performance. Once injected, the CO2 undergoes
a mineralization process and becomes permanently embedded.
COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in a food
establishment for heat -processing food or utensils and that produces grease vapors, steam,
fumes, smoke, or odors that are required to be removed through a local exhaust ventilation
system, as defined in the California Mechanical Code.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water
heating, cooking, clothes drying and/or lighting that uses fuel gas.
CONCRETE. Any approved combination of mineral aggregates bound together into a hardened
conglomerate in accordance with the requirements of this code. Concrete as defined in this
Chapter does not include asphaltic concrete.
CO2. Carbon Dioxide.
CO2 INJECTION. The process of injecting CO2 into the cement mixture rather than water for
purposes of curing the product.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm
environment by the application of electric power to resistance elements, refrigerant compressors,
or dissimilar material junctions, as defined in the California Mechanical Code.
ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information
on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment
(LCA) to enable comparisons between products fulfilling the same function. Environmental
Product Declarations must conform to International Organization for Standardization 14025
accreditation and European Standard EN 15804, or International Organization for Standardization
21930 accreditation, and have at least a "cradle to grave" scope (which covers product life cycle
from resource extraction to the factory).
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
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GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared
radiation (net heat energy) emitted from Earth's surface and reradiating it back to Earth's surface,
thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous
oxides, and water vapor.
PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or
mesh or containing not more than two tenths of one percent of reinforcing.
READY -MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of
being mixed on the job site. Each batch of ready -mixed concrete is tailor-made according to the
specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the
cylindrical trucks often known as cement mixers.
REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or
mesh —is inserted into the concrete to absorb the tensile, shear, and sometimes compressive
stresses in a concrete structure.
SECONDARY CEMENTITIOUS MATERIALS (SCM'S). Materials that include, but are not
limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan,
silica fume, and Belterra clay.
UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including
greenhouse gasses, released before the built asset is used. The release of emissions occurs in
material extraction, transportation, manufacturing, and installing building materials on site. Upfront
embodied carbon also includes operational and end -of -life emissions associated with materials.
Section 9. ADDITION OF 7.94.085 TO THE DUBLIN MUNICIPAL CODE.
Section 7.94.085 is hereby added to the Dublin Municipal Code to read as follows:
7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete -Added.
A new Section 4.420 is added to read:
4.420 Low Carbon Concrete Requirements.
4.420.1 Purpose. The purpose of this section is to provide standards and requirements
for the composition of concrete, as defined herein, that maintains adequate strength and
durability for the intended application and at the same time reduces greenhouse gas
emissions associated with concrete composition.
4.420.1.2 Applicability. The requirements of this section shall only be applicable to
projects that require a building permit.
4.420.3 Compliance. Compliance with the requirements of this section shall be
demonstrated through any of the compliance options in Sections 4.420.3.2 through
4.420.3.5.
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Table 4.420.3: Cement and Embodied Carbon Limit Pathways
Cement limits
for use with any compliance
method
4.420.3.2 through 4.420.3.5
Embodied Carbon limits
for use with any compliance
method
4.420.3.2 through 4.420.3.5
Minimum
specified
compressive
strength f'c , psi
Maximum ordinary Portland
cement content, Ibs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500
362
260
2501-3000
410
289
3001-4000
456
313
4001-5000
503
338
5001-6000
531
356
6001-7000
594
394
Greater than
7000
657
433
up to 3000 light
weight
512
578
Up to 4000 light
weight
571
626
4001-5000 light
weight
629
675
Notes (1) Portland cement of any type per ASTM C150.
4.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased
proportionately above the tabulated value when using an approved cement, or
blended cement, demonstrated by approved Environmental Product Declaration to
have a plant -specific Environmental Product Declaration lower than 1040 kg
CO2e/metric ton. The increase in allowable cement content is:
1040 / plant -specific Environmental Product Declaration %.
(2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon
limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated
to the Building Official as requiring high early strength. Such concretes may include
but are not limited to, precast or prestressed concrete; beams and slabs above
grade; and shotcrete.
4.420.3.2 Cement Limit Method — Mix
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Cement content of a concrete mix using this method shall not exceed the value shown in
Table 4.420.3. Use of this method is limited to concrete with specified compressive strength
not exceeding 5,000 psi.
4.420.3.3. Cement Limit Method — Project
Total cement content shall be based on total cement usage of all concrete mix designs
within the same project. Total cement content for a project shall not exceed the value
calculated according to Equation 4.420.3.3.
Equation 4.420.3.3:
Z(Cemn)(vn) < Z(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project
Cemn = the cement content for mixture n, kg/m3 or lb/yd3
Cemiim = the maximum cement content for mixture n per Table 4.420.3, kg/m3 or
lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3
Calculations may use yd3 or m3 but must keep the same units throughout.
4.420.3.4 Embodied Carbon Method — Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product
Declaration, shall not exceed the value given in Table 4.420.3.
4.420.3.5 Embodied Carbon Method — Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall
not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation
4.420.3.5.
Equation 4.420.3.5:
Z(ECn )(vn) <_ Z(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project
ECn = the embodied carbon content for mixture n, per mixture Environmental
Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3,
kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3
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4.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete,
the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to
the Building & Safety Division. If the permit applicant has not secured a concrete supplier
at the time the permit application is submitted, the applicant may complete the Low -Carbon
Concrete Compliance Form to calculate the maximum allowable cement and embodied
carbon and shall certify by signature that they will meet maximum allowable limits at the
time of construction.
As a condition of such building permits, and prior to approving construction inspections and
prior to placement of concrete, the permit applicant shall submit batch certificates and/or
Environmental Product Declarations with an updated Low -Carbon Concrete Compliance
Form to the Building & Safety Division. The batch certificates and/or Environmental Product
Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed
for compliance by the Building & Safety Division prior to performing further inspections or
pouring concrete.
When deviations from compliance with this section occur, the Building Official or their
designee, is authorized to require the permit applicant to provide evidence of equivalent
carbon reductions from the portions of remaining construction of the project to demonstrate
alternative compliance with the intent of this chapter and payment of associated
administrative fees. If the permit applicant is unable to provide evidence of equivalent
carbon reductions, the Building & Safety Division reserves the right to penalize the permit
applicant for the excess embodied carbon used in the project. Excess embodied carbon
shall be determined by the amount of embodied carbon content in the project greater than
EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as
follows:
Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined
from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton)
A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule.
For projects involving placement of concrete by, or on behalf of, the City of Dublin the City
Project Manager for the project, or their designee, shall maintain accurate records of the
total volume (in cubic yards) of all concrete placed, as well as the total compliant volume
(in cubic yards) of all concrete placed.
4.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per
Chapter 7.28, shall not be subject to the requirements in section 4.420
(b) Projects that do not involve the placement of ready -mix concrete.
(c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420
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(d) Due to lack of commercial availability of low -carbon concrete options, shotcrete,
gunite, and stucco are exempt from embodied carbon requirements.
(e) Small projects as approved by the Building Official.
(f) Hardship or infeasibility exemption. If an applicant for a project subject to section
4.420 believes that circumstances exist that make it a hardship or infeasible to meet the
requirements of section 4.420, the applicant may request an exemption as set forth below.
In applying for an exemption, the burden is on the applicant to show hardship or
infeasibility. 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 may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with
section 4.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the
project;
(3) Compliance with the requirements would impair the historic integrity of buildings
listed on a local, state or federal list or register of historic structures as regulated by
the California Historic Building Code (Title 24, Part 8).
(g) Granting of an exemption. If the Building Official determines that it is a hardship or
infeasible for the applicant to fully meet the requirements of section 4.420 and that granting
the requested exemption will not cause the building to fail to comply with the California
Green Building Standards Code, the Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. In making this
determination, the Building Official shall consider whether alternate, practical means of
achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the
applicant shall be required to comply with section 4.420 in all other respects and shall be
required to achieve the threshold of compliance determined to be achievable by the
Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible
for the applicant to fully meet the requirements of section 4.420, the request shall be
denied, and the applicant shall be notified of the decision in writing within 60 days after
receipt of the request for exemption. The project and compliance documentation shall be
modified to comply with the standards for compliance.
Section 10. ADDITION OF 7.94.120 TO THE DUBLIN MUNICIPAL CODE.
Section 7.94.120 is hereby added to the Dublin Municipal Code to read as follows:
7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete -Added.
A new Section 5.420 is added to read:
5.420 Low Carbon Concrete Requirements.
5.420.1 Purpose. The purpose of this section is to provide standards and requirements
for the composition of concrete, as defined herein, that maintains adequate strength and
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durability for the intended application and at the same time reduces greenhouse gas
emissions associated with concrete composition.
5.420.1.2 Applicability. The requirements of this section shall only be applicable to
projects that require a building permit.
5.420.3 Compliance. Compliance with the requirements of this section shall be
demonstrated through any of the compliance options in Sections 5.420.3.2 through
5.420.3.5.
Table 5.420.3: Cement and Embodied Carbon Limit Pathways
Cement limits
for use with any compliance
method
5.420.3.2 through 5.420.3.5
Embodied Carbon limits
for use with any compliance
method
5.420.3.2 through 5.420.3.5
Minimum
specified
compressive
strength f'c , psi
Maximum ordinary Portland
cement content, Ibs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500
362
260
2501-3000
410
289
3001-4000
456
313
4001-5000
503
338
5001-6000
531
356
6001-7000
594
394
Greater than
7000
657
433
up to 3000 light
weight
512
578
Up to 4000 light
weight
571
626
4001-5000 light
weight
629
675
Notes (1) Portland cement of any type per ASTM C150.
5.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased
proportionately above the tabulated value when using an approved cement, or
blended cement, demonstrated by approved Environmental Product Declaration to
have a plant -specific Environmental Product Declaration lower than 1040 kg
CO2e/metric ton. The increase in allowable cement content is:
1040 / plant -specific Environmental Product Declaration %.
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(2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon
limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated
to the Building Official as requiring high early strength. Such concretes may include
but are not limited to, precast or prestressed concrete; beams and slabs above
grade; and shotcrete.
5.420.3.2 Cement Limit Method — Mix
Cement content of a concrete mix using this method shall not exceed the value shown in
Table 5.420.3. Use of this method is limited to concrete with specified compressive strength
not exceeding 5,000 psi.
5.420.3.3. Cement Limit Method — Project
Total cement content shall be based on total cement usage of all concrete mix designs
within the same project. Total cement content for a project shall not exceed the value
calculated according to Equation 5.420.3.3.
Equation 5.420.3.3:
Z(Cemn)(vn) < Z(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project
Cemn = the cement content for mixture n, kg/m3 or lb/yd3
Cemiim = the maximum cement content for mixture n per Table 5.420.3, kg/m3 or
lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3
Calculations may use yd3 or m3 but must keep the same units throughout.
5.420.3.4 Embodied Carbon Method — Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product
Declaration, shall not exceed the value given in Table 5.420.3.
5.420.3.5 Embodied Carbon Method — Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall
not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation
5.420.3.5.
Equation 5.420.3.5:
> (ECn )(vn) <_ Z(ECiim )(vn )
Where,
n = the total number of concrete mixtures for the project
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ECn = the embodied carbon content for mixture n, per mixture Environmental
Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3,
kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3
5.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete,
the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to
the Building & Safety Division. If the permit applicant has not secured a concrete supplier
at the time the permit application is submitted, the applicant may complete the Low -Carbon
Concrete Compliance Form to calculate the maximum allowable cement and embodied
carbon and shall certify by signature that they will meet maximum allowable limits at the
time of construction.
As a condition of such building permits, and prior to approving construction inspections and
prior to placement of concrete, the permit applicant shall submit batch certificates and/or
Environmental Product Declarations with an updated Low -Carbon Concrete Compliance
Form to the Building & Safety Division. The batch certificates and/or Environmental Product
Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed
for compliance by the Building & Safety Division prior to performing further inspections or
pouring concrete.
When deviations from compliance with this section occur, the Building Official or their
designee, is authorized to require the permit applicant to provide evidence of equivalent
carbon reductions from the portions of remaining construction of the project to demonstrate
alternative compliance with the intent of this chapter and payment of associated
administrative fees. If the permit applicant is unable to provide evidence of equivalent
carbon reductions, the Building & Safety Division reserves the right to penalize the permit
applicant for the excess embodied carbon used in the project. Excess embodied carbon
shall be determined by the amount of embodied carbon content in the project greater than
EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as
follows:
Pm = (ECX)($190) + A
Where,
Pm = the maximum penalty ($)
ECX = the total excess embodied carbon content in the project, in metric tons determined
from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton)
A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule.
For projects involving placement of concrete by, or on behalf of, the City of Dublin the City
Project Manager for the project, or their designee, shall maintain accurate records of the
total volume (in cubic yards) of all concrete placed, as well as the total compliant volume
(in cubic yards) of all concrete placed.
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5.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per
Chapter 7.28, shall not be subject to the requirements in section 5.420.
(b) Projects that do not involve the placement of ready -mix concrete.
(c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420
(d)Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite,
and stucco are exempt from embodied carbon requirements.
(e) Small projects as approved by the Building Official.
(f) Hardship or infeasibility exemption. If an applicant for a project subject to section
5.420 believes that circumstances exist that make it a hardship or infeasible to meet the
requirements of section 5.420, the applicant may request an exemption as set forth below.
In applying for an exemption, the burden is on the applicant to show hardship or
infeasibility. 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 may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with
section 5.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the
project;
(3) Compliance with the requirements would impair the historic integrity of buildings
listed on a local, state, or federal list or register of historic structures as regulated by
the California Historic Building Code (Title 24, Part 8).
(g) Granting of an exemption. If the Building Official determines that it is a hardship or
infeasible for the applicant to fully meet the requirements of section 5.420 and that granting
the requested exemption will not cause the building to fail to comply with the California
Green Building Standards Code, the Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. In making this
determination, the Building Official shall consider whether alternate, practical means of
achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the
applicant shall be required to comply with section 5.420 in all other respects and shall be
required to achieve the threshold of compliance determined to be achievable by the
Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible
for the applicant to fully meet the requirements of section 5.420, the request shall be
denied, and the applicant shall be notified of the decision in writing within 60 days after
receipt of the request for exemption. The project and compliance documentation shall be
modified to comply with the standards for compliance.
{Signatures on the following page}
Ord. No. 09-24, Item 5.6, Adopted 09/17/2024 Page 12 of 13
Docusign Envelope ID: 2D3AB85C-5D8B-4DCD-BCO2-C91 1 D1 FBA1 AA
PASSED AND ADOPTED BY the City Council of the City of Dublin on this 17th day of
September 2024, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
DocuSigned by:
3BB70315 221-40A...
City Clerk
1-Signed by:
Ub h9 ,lc,U Au4b1...
Mayor
Ord. No. 09-24, Item 5.6, Adopted 09/17/2024 Page 13 of 13