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HomeMy WebLinkAboutOrd 05-09 Green Build Ch 7.94ORDINANCE NO. 5 - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADDING CHAPTER 7.94 TO THE DUBLIN MUNICIPAL CODE RELATING TO GREEN BUILDING WHEREAS, the City Council of the City of Dublin is committed to reducing the environmental impacts associated with urban development and the City currently has green building standards which are applicable to City construction projects; and WHEREAS, by requiring residential development in the City to be constructed in an environmentally responsible manner, the City of Dublin is participating in the global endeavor to reduce carbon dioxide, sulfur dioxide and other pollutants in the air; and WHEREAS, green building benefits can be spread throughout the systems and features of a building. Green buildings can include the use of certified sustainable wood products and high- recycled-content products, while the proper orientation and passive solar design of a building reduces demands on heating and cooling systems, thereby decreasing a building's energy requirement. The installation of alternative and renewable energy systems can supplement conventional methods of 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 to green building practices. Build It Green, a California non-profit organization, has documents useful in evaluating residential green building projects and has created construction green building guidelines, including The New Homes Green Point Calculator and the Multi-family Green Points Project Tool. LEEDt`", is a national non-profit organization, which has developed rating systems for all types of development, including new and existing commercial buildings, retail spaces, commercial interiors, and residential buildings; and WHEREAS, it has been shown that the energy costs of residents and tenants of sustainable buildings are considerably reduced, thus promoting and contributing to the economic vitality of the City; and WHEREAS, Chapter 7.94 "Green Building" is intended to encourage construction in the City of Dublin to conserve water and resource conservation, reduce waste generated by construction projects, increase energy efficiency in buildings, provide durable buildings that are efficient and economical to own and operate, and promote the health and productivity of residents, workers and visitors to the City; and WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field, which has been fully occupied by state law, including the California Building Standards Code. Page 1 of 8 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 7.94 is hereby added to the Dublin Municipal Code to read as follows: Chapter 7.94 GREEN BUILDING Sections: 7.94010 7.94.020 7.94.030 7.94.040 7.94.050 7.94.060 7.94.070 7.94.080 7.94.090 7.94.100 7.94.110 7.94.120 7.94.010 Purpose. Purpose. Findings. Definitions. Scope and application. Standards for compliance. Submission of Green Building Documentation. Review of documentation. Construction and verification. Infeasibility exemption. Appeals. Enforcement. Conflict with state law. The purpose of the City's Green Building Program is to enhance public health and welfare by encouraging green building measures in the design, construction and maintenance of buildings. The green building practices referenced in this Chapter are intended to achieve the following goals: A. Encourage the conservation of natural resources; B. Increase energy efficiency and lower energy usage; C. Reduce operating and maintenance costs for residential buildings; and D. Promote a healthier indoor environment. 7.94.020 Findings. The City Council of the City of Dublin hereby finds the following: A. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. B. Green building benefits are spread throughout the systems and features of the building. Green buildings may use recycled content building materials, consume less energy and water, have better indoor air quality, and use less wood fiber than conventional buildings. Green Page 2 of 8 construction waste is often recycled and remanufactured into other building products, resulting in reduced landfill impacts. C. In recent years, green building design, construction, and operational techniques have become increasingly widespread. Many building professionals and developers have voluntarily sought to incorporate green building into their projects. A number of local and national systems have been developed to serve as guides to green building practices. At the national level, the U.S. Green Building Council developed the Leadership in Energy and Environmental Design (LEEDt''') program. Alameda County Waste Management Authority (ACWMA) has developed green building guidelines and green building rating systems for single-family and multi-family residences following a collaborative process with the development community. D. Health and Safety Code sections 18938 and 17958 provide that the California Building Standards Code establish building standards for all occupancies throughout the state. E. The prerequisites and means of achieving credits under the Build It Green rating system and the LEEDt"' for Homes rating system do not. conflict with areas where state law has established building standards. The City further finds that, for specific projects, the Applicant may believe that achieving the Build It Green or LEED`~" for Homes green building ratings required by this chapter could require use of otherwise unauthorized building standards, and accordingly, the City finds that it is appropriate to provide for an exemption from this chapter in cases where the Applicant demonstrates that this is the case to the satisfaction of the Green Building Official. F. Local climatic conditions include a low amount of average yearly rainfall, which tends to be concentrated from October through April. From May through September, a dry period occurs where daily temperatures remain high and there is little measurable precipitation. In addition, the local climate frequently includes high winds, which sweep down through the valley. The high daily temperatures will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning during the City's hotter months. 7.94.030 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Build It Green" means the non-profit organization that publishes the New Home Construction Green Building Guidelines, as amended from time to time, the new Home GreenPoints Checklist, the Multi-Family GreenPoints Checklist, and any successor entity that assume responsibility for the programs and operations of Build it Green. "Covered Project" means a project that must comply with this Chapter pursuant to Section 7.94.040. "Green Building" means a whole systems approach to the design, construction, location, and operation of buildings and structures that helps mitigate the environmental, economic and social impacts of construction, demolition and renovation. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water and other natural resources and promote a healthy, productive indoor environment. "Green Building Documentation" means the documentation submitted to the Green Building Official as part of the Site Development Review process. The Green Building Documentation includes, but is not limited to, a copy of the applicable Green Building Program Checklist and any other documentation determined necessary by the Green Building. Official. Page 3 of 8 "Green Building Official" means the person designated by the City Manager to enforce this chapter, or his or her designee. "Green Building Program" means either the GreenPoint rating system or the LEEDh" for Homes Green Building Rating System, whichever system is selected by the Applicant. "Green Building Program Checklist" means either the GreenPoint Checklist or the LEEDt'" for Homes Project Checklist, whichever is selected by the Applicant. "Green Building Program Rating" refers to the number of points achieved under either the GreenPoint Checklist or the LEEDt"' for Homes Project Checklist. "GreenPoint Checklist" means the version of the applicable GreenPoint Rated checklist approved by Build It Green and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. "GreenPoints" means credits assigned under the applicable GreenPoint Rated Checklist for a covered project. "LEEDn" for Homes Green Building Rating System" means the most recent version of the Leadership in Energy and Environmental Design Home Green Building Rating System, or other related LEEDt'" rating system, approved by the U.S. Green Building Council. As new rating systems are developed by the.. LJ.S. Green Building Council, the Green Building Official shall have the authority: to specify the applicable LEED"" residential green building rating system for a covered project. "LEEDt71 for Homes Project Checklist" means the version of the applicable LEEDS'" for Homes Project Checklist approved by the U.S. Green Building Council and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. "Residential Development" includes, without limitation, detached single-family dwellings, multiple- family dwelling structures, groups of dwellings, condominium or townhouse developments, cooperative developments, and mixed use developments that include housing units. 7.94.040 Scope and application. This ordinance shall apply to all new residential development projects in excess of twenty (20) residential units. 7.94.050 Standards for Compliance. A. All single-family residential projects shall achieve a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for single-family housing. All multi- family residential projects shall achieve a "green home" or similarly entitled minimum compliance rating system, which currently requires fifty (50) GreenPoints, or a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for multi-family housing, unless the Green Building Official determines that the single-family green building rating system is more appropriate for the building, such as for a duplex building that is part of a larger project. Approval of a building permit for new construction shall not be granted unless the Applicant submits a checklist demonstrating the covered project receives the minimum Green Building Program Rating required on the appropriate Green Building Program Checklist. All mixed use projects shall meet the requirements for amulti-family residential project, unless the green building compliance official determines that another rating system is more appropriate. B. In the event that an Applicant wishes to use an alternative green building standards program other than the GreenPoint rating system or the LEEDt"' for Homes Green Building Rating System, the Page 4 of 8 Applicant may apply to the Green Building Official for approval of the alternative program. The Applicant must submit Green Building Documentation showing that the Applicant's utilization of the alternative program will result in green building benefits that are better than the benefits that would be achieved by obtaining a Green Building Program Rating of fifty (50) points under both the GreenPoint rating system and the LEEDS" for Homes Green Building Rating System. Any proposed alternative green building program must be created by a third-party entity not under the control of the Applicant, and must be sufficiently similar in structure to the GreenPoint rating system and the LEEDS" for Homes Green Building Rating System to allow the Green Building Official to administer the requirements of this Chapter to the alternative green building standards program without significant deviation. At a minimum, the alternative green building standards program must utilize a checklist structure similar to the Green Building Program Checklists. No Applicant may utilize an alternative green building standards program unless the Green Building Official gives the Applicant written approval of the Applicant's proposed utilization of the program. 7.94.060 Submission of Green Building Documentation. A. In conjunction with Site Development Review of any project subject to this Chapter, the Applicant shall submit to the Green Building Official the required Green Building Documentation indicating compliance with this Chapter. The documentation shall indicate the measures to be used to achieve the required Green Building Program Rating and shall include a completed Green Building Program Checklist and any other documentation required by the Green Building Official to determine compliance with this Chapter. B. Applications for residential building permits shall include the approved Green Building Program Checklist with the first building permit plan set submitted. 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 minimum Green Building Program Rating. 7.94.070 Review of Documentation. A. The Green Building Official shall review the documentation to determine if the project achieves the required Green Building Program Rating and shall approve or reject the project. If necessary, the Green Building Official shall schedule a meeting with the Applicant to review and discuss the proposed green building measures incorporated into the project. B. Approved. The Green Building Official shall approve the Green Building Documentation only if it is determined that the project can achieve the applicable compliance standards set forth in this Chapter. If the Green Building Official determines these conditions have been met, the Green Building Documentation, including the Green Building Program Checklist, shall be marked "approved" and returned to the Applicant. A copy of the approved Green Building Documentation shall also be forwarded to the City's Planning Division. A building permit shall not be issued until the Green Building Documentation is approved under this section or an exemption has been granted. C. Not Approved. If the Green Building Official determines that the Green Building Documentation fails to indicate the project will achieve the required Green Building Program Rating, the Green Building Official shall deny the documentation and return the documentation to the Applicant, including a statement of reasons for denial and measures required to conform to the ordinance. Page 5 of 8 D. Resubmittal. If the documentation is returned to the Applicant as not approved, the Applicant may resubmit the documentation with such modifications and additions as may be required for approval. 7.94.080 Construction and Verification. A. After approval of the Green Building Documentation, any changes to the construction or design that may have an effect on the Green Building Program Rating the project will obtain must be submitted to the Green Building Official. Prior to the issuance of occupancy permits, the Applicant must submit a final Green Building Program Checklist to the Green Building Official, verifying installation of the required measures and certifying the building meets the required Green Building Program Rating. If measures have been added or omitted the final checklist must reflect the changes. B. If an Applicant using the GreenPoint rating system voluntarily submits documentation to guild It Green for a GreenPoint Rated Certificate, proof of receipt of the GreenPoint Rated Certificate will be accepted in lieu of a revised Green Building Program Checklist. If an Applicant using the LEEDt"' for Homes Green Building Rating System voluntarily registers his or her project with the U.S. Green Building Council for LEEDt"' certification at the same or higher Green Building Program Rating than required by this chapter, proof of said registration and certification will be accepted in lieu of a revised Green Building Program Checklist. If an Applicant voluntarily obtains and submits certification under either the GreenPoint program or the LEEDn" for Homes program, then the Green Building Official may reduce the scope of the verification process as appropriate. C. The Green Building Official shall not be responsible for verifying the measures implemented during construction, nor shall the Green Building Official's acceptance of a revised Green Building Program Checklist indicate a building has met the Green Building Program Rating required by the City. 7.94.090 Infeasibility Exemption. A. Application. If an Applicant for a covered project experiences unique circumstances that the Applicant believes make it infeasible to comply with this Chapter, the Applicant may apply for an exemption at the time that he or she submits the Green Building Documentation required under Section 7.94.070 of this Chapter. In applying for an exemption, the burden is on the Applicant to show infeasibility. Such circumstances may include, but are not limited to, availability of markets for materials to be recycled, availability of green building materials, technology, and compatibility of green building requirements with other building standards. The Applicant shall include with the Green Building Documentation the Green Building Program Rating he or she believes is feasible and the specific circumstances that he or she believes make it infeasible to comply with this Chapter. The Green Building Official shall review the information provided by the Applicant and may meet with the Applicant to discuss possible ways of complying with the required Green Building Program Rating. B. Granting of Exemption. If the Green Building Official determines it is infeasible for the Applicant to meet the Green Building Program Rating due to unique circumstances described in the exemption application, he or she shall determine the maximum feasible Green Building Program Page 6 of 8 Rating reasonably achievable for the project and shall enter the number of credits on the Green Building Documentation, which shall be marked "Approved with Exemption." C. Denial of Exemption. If the Green Building Official determines that it is possible for the Applicant to meet the requirements of this Chapter, he or she shall so inform the Applicant in writing. The Applicant shall have thirty (30) days to resubmit the required Green Building Program Checklist and materials to be in compliance with this Chapter. If the Applicant fails to resubmit the Green Building Documentation, the Green Building Official shall deny the project in accordance with Section 7.94.070.C of this Chapter. 7.94.100 Appeals. An Applicant may appeal the Green Building Official's determination to the City Manager pursuant to Section 1.04.050 of the Dublin Municipal Code. The grounds for appeal shall be limited to the following issues: (1) the granting or denial of an exemption; (2) whether the Applicant has complied with this Chapter. 7.94.110 Enforcement. A. Violation of any provision of this chapter maybe enforced by civil action, including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter. B. A violation of this chapter is a public nuisance under Dublin Municipal Code and maybe penalized as a misdemeanor under Section 1.04.030 of the Dublin Municipal Code. 7.94.120 Conflict with State Law. Nothing in this ordinance is intended to duplicate, contradict, or enter a field, which has been fully occupied by state law, including the California Building Standards Code. If such a conflict exists between the City's Green Building Ordinance and State Law, State law shall control. Section 2. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. 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 Section 36933 of the Government Code of the State of California. Page 7 of 8 PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~^'~ Mayor ATTEST: t7EPV't`~ City Clerk Ord 5-09, Adopted 4-21-09, Item 4.3 Page 8 of 8