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HomeMy WebLinkAboutItem 4.03 Green Building Ord~~ ~- ~ -~ \~~/r.' CITY CLERK File # ^~ 3^~-^^l~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 21, 2009 SUBJECT: CONSENT CALENDAR: Green Building Ordinance Report Prepared by Gregory Shreeve, Building Official and John Bakker, City Attorney ATTACHMENTS: 1) City Council Agenda Statement dated April 7, 2009 (without attachments). 2) Proposed Ordinance Adding Chapter 7.94 to the Dublin Municipal Code Relating to Green Building. RECOMMENDATION: 1) Waive reading and adopt the Ordinance adding Chapter ,~,(/ 7.94 to Title 7 (Public Worics) of the Dublin Municipal Code ~UCC~.-~' Relating to Green Building. FINANCIAL STATEMENT: The proposed Ordinance will have a financial impact on the City due to the increased Staff time required to review the GreenPoints Checklist, plan checking and final documentation review. In addition, there would be increased training costs for Staff. These impacts can be offset by amending the fee schedule. PROJECT DESCRIPTION: Green building means taking steps to create buildings that are safe and healthy for people and that can protect our environment. For example, proper orientation of homes on a site can reduce the heating and cooling energy that is required year after year. Recycled-content decking, reclaimed lumber and other products put waste to good use, while providing quality and durability that can exceed conventional materials. The use of low-emitting interior finishes and designing for sufficient ventilation will contribute to better indoor air quality. While specific methods and products may vary from project to project, the basic principles of green building apply to all types of new construction. The City Council listed, as a high priority goal in their Fiscal Year 2008-2009 Goals and Objectives, the preparation of a Green Building Ordinance that would "Enhance residential green building requirements to create a mandatory self-certification program as part of the permitting process." COPY TO: Planning Commission Interested Developers Page 1 of 2 ITEM NO. G: IAgendas120091green buildingl2nd reading 4-211CCSR Green Building Ordinance 2nd reading.DOC City Council Action On April 7, 2009, the City Council heard a presentation from Staff (Attachment 1) and conducted a public hearing on the proposed Ordinance. At that meeting, the City Council waived the reading and introduced the Ordinance (Attachment 2). RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt the Ordinance adding Chapter 7.94 to Title 7 (Public Works) of the Dublin Municipal Code Relating to Green Building. 2 of 2 ~~~ -!~ -ih ~~//~ CITY CLERK File # ^00~- /^© / ~,~~ ~S AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 7, 2009 SUBJECT: PUBLIC HEARING: Green Building Ordinance Report Prepared by Gregory Shreeve, Building Offtcial and John Bakker, City Attorney ATTACHMENTS: 1) Proposed Ordinance Adding a New Chapter 7.94 to the Dublin Municipal Code Relating to Green Building. 2) Excerpts from City of Dublin Housing Element. 3) Build It Green GreenPoints Checklist for New Residential Development. 4) LEEDU" for Homes Checklist. „A V 5) Staff and Developer Meeting Minutes dated February 11, `~ __- 2009. 1 ~' 6) Comment letter from Avalon Bay. C '~ 7) Home Builders Association Press Release dated January 14, 2009 8) Comparison Tabie. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Receive Public Testimony; 4) Close the Public Hearing and deliberate; and 5) Waive the reading and introduce an Ordinance adding a New Chapter 7.94 to the Dublin Municipal Code relating to Green Building. FINANCIAL STATEMENT: The proposed Ordinance will have a financial impact on the Ciry due to the increased Staff time required to review the GreenPoints Checklist, plan checking and final documentation review. In addition, there would be increased training costs for Staff. These impacts can be offset by amending the fee schedule. ------------------------------------------------------------------------------------------------------------- COPY TO: Planning Commission Interested Developers ~~ ~~-~~ - /~ ATTACHMENT 1 Page 1 of 6 (: ~ l Avvndnc12n091 green buildinvlC('.SR Careen Buildinv ordinance. DOC PROJECT DESCRIPTION: Background: ~' ~~ ~~/ The City of Dublin adopted the Housing Element of the General Plan in 2003. The Housing Element was certified by the State Department of Housing and Community Development and contains a policy to promote energy efficiency in new projects. Program B.10.1 of the Housing Element (Attachment 2} states that "the City will promote energy conservation" through a number of programs. One of the programs is to "review proposed developments for solar access, site design techniques, and use of landscaping that can increase energy efficiency and reduce lifetime energy costs without significantly increasing housing production costs." One method of promoting energy conservation is through a Green Building Ordinance. Green building means taking steps to create buildings that are safe and healthy for people and that can protect our environment. For example, proper orientation of homes on a site can reduce the heating and cooling energy that is required year after year. Recycled-content decking, reclaimed lumber and other products put waste to good use, while providing quality and durability that can exceed conventional materials. The use of low-emitting interior finishes and designing for sufficient ventilation will contribute to better indoor air quality. While specific methods and products may vary from project to project, the basic principles of green building apply to all types of new construction. The City Council listed, as a high priority goal in their Fiscal Year 2008-2009 Goals and Objectives, the preparation of a Green Building Ordinance that would "Enhance residential green building requirements to create a mandatory self-certification program as part of the permitting process." Green Building Rating systems: Staff is recommending the use of the Build It Green and the Leadership in Energy and Environmental Design (LEED`m) as the rating systems used in the City's Green Building Ordinance. Build It Green is a professional non-profit organization whose mission "is to promote health, energy and resource efficient building practices in California." Build It Green has several checklists for new development, including the New Home Construction Green Building Guidelines (Attachment 3), which are based on the Alameda County Waste Management Authority's (ACWMA) New Home Construction Green Building Guidelines which were first developed in 2000. The ACWMA Guidelines were developed through a collaborative process and public-private agency partnership among builders, green building experts, and local government staff in Alameda County, including the City of Dublin. Representatives from major production builders including Centex Homes, Greenbriar Homes, Ponderosa Homes, Pulte Homes, and Toll Brothers, provided input and direction in the development of the original Guidelines. The Build It Green Guidelines have been updated to expand their applicability throughout California, address changes in the State Building and Energy Codes and incorporate measures from other residential green building initiatives, such as the California Green Builder program, the National Association of Home Builders guidelines and the LEEDt"' for Homes Checklist. Build It Green updates follow the tri-annual Building Code updates. In order to be certified as a green building structure by Build It Green, a new residential structure must achieve at least fifty (50) points on the Build It Green GreenPoints checklist, and meet the minimum points per category: Energy (30}, Indoor Air Quality/Health (5), Resources (6), and Water (9). 2 of 6 ~~~ LEEDtm is also anon-profit organization whose mission is "to transform the way building~an communities are designed, built and operated, enabling an environmentally and socially responsible, healthy, and prosperous environment that improves the quality of life." LEEDtm has developed rating systems and checklists for all types of development, including new and existing commercial buildings, retail spaces, commercial interiors, and residential buildings. The LEEDtm rating systems are developed through a consensus based process led by LEEDtm committees. The committees are composed of a diverse group of practitioners and experts representing a cross section of the building and construction industry. The LEEDtm programs do not have a set update cycle as with the Build It Green program and could be updated on a yearly basis. LEEDtm offers 4 levels of certification: Certified (45 points), Silver (60 points), Gold (75 points), and Platinum (90 points). In order to be certified at the lowest level of LEEDtm, a new residential structure must achieve at least forty five (45) points on the LEEDtm for homes checklist (Attachment 4), and meet the minimum points per category. LEEDtm has 9 categories, ranging from Innovation to Energy and Atmosphere, with zero to 6 points required in each category. The Build It Green GreenPoint checklist and the LEEDtm for homes checklist offer developers flexibility. Rather than telling builders that they shall do "a, b, and c," Staff proposes that the City sets a level of compliance that can be reached in a variety of ways. Which will encourage builders to develop different tools that complement their strengths and business styles. Meeting with the Development Community: On February 11, 2009, Staff presented the draft Ordinance, requiring 50 green points from the Built It Green Program, to the Development Community. The meeting included representatives from Regent Properties, Discovery Builders, Pine Brothers, Green Building in Alameda County, Toll Brothers, Standard Pacific, Avalon Bay, and MacKay & Somps. The majority of the questions at the meeting were related to "how the proposed Ordinance would affect the developer's projects" and "what did a particular section mean to a particular project?" (Attachment 5). The development community requested a number of minor clarification changes, which have been incorporated in the draft Ordinance. In addition, the City received a letter from Jeff White of Avalon Bay requesting 2 changes to the draft Ordinance (Attachment 6). The first request is that the Ordinance includes the option of using other generally accepted standards. The draft Ordinance has been amended to include the LEEDtm for Homes rating system and gives the Green Building Official the ability to approve the use of other qualified programs provided that the use of such programs would result in greater green building benefits than would be achieved under the Build It Green and LEEDtm rating systems. Mr. White's second request is that the checklist not be required prior to the building plan check. Staff does not recommend this approach. For a Green Building Program to be successful, green building must be included in the beginning stages of design. Points are awarded for building orientation; this must be done at the beginning of the process. In addition, certain Green Building Standards may affect the exterior appearance of the building, which is reviewed by the Planning Commission. Therefore, Staff did not include this in the draft Ordinance. Staff has also received a copy of the Home Builders Association of Northern California (HBA) press release, dated January 14, 2008, supporting the adoption of Mandatory Green Building Standards in all Bay Area Communities (Attachment 7). 3 of 6 Some developers may assert that their projects are exempt from the new Ordinance based o their J~ Development Agreement with the City. The City Attorney has indicated that this exemption would be determined on a case-by-case basis. Staff estimates there are approximately 3,800 units affected by this exemption review. Proposed Ordinance: Staff proposes to apply the City's Green Building Ordinance to all new residential development in excess of twenty (20) units. Staff is recommending this trigger point for requiring projects to be Green, to be consistent with the City's approach to regulation of other development-related Ordinances. For example, participation in the City's Public Art Ordinance or Universal Design Ordinance is triggered at greater then twenty units. Furthermore, using a requirement of projects exceeding twenty units assists developers in absorbing any costs associated with compliance with the Green Building Ordinance. As proposed, during the Site Development Review (SDR), the Applicant would submit the Green Building Documentation to the Green Building Official. This documentation includes the green building features that are proposed for the project and must be provided to the City in the form of the Build It Green or LEED`m for Homes checklist. The checklist will be reviewed by the Green Building Official and once the Green Building Documentation is approved by the Green Building Official, the Applicant may complete the design review process as appropriate. Under the proposed Ordinance, the Green Building Official will be a Staff member designated by the City Manager. Each developer would be required to provide evidence of compliance with the Green Building Ordinance. Under this proposed approach, the developer will submit a GreenPoint Checklist to the City's Green Building Official for review during the Site Development Review process. Once the GreenPoint checklist is approved, any changes to the project made during construction that may have an impact on the project's GreenPoint rating must also be submitted to the City's Green Building Official. Upon completion of the project, the developer will submit a final GreenPoint Checklist reflecting the measures incorporated into the dwelling. Alternatively, if a developer's project is certified by Build It Green, the developer can submit evidence of the certification in lieu of a final GreenPoint Checklist. The proposed Ordinance provides for an appeal process to the City Manager, using the City's appeal process set forth in Section 1.04.050 of the Dublin Municipal Code. Threshold for Compliance: As mentioned above, Build It Green requires a project to achieve fifty (50) points on the GreenPoint Checklist in order to be certified as a Green Building project and the LEED`m rating systems requires 45 to 90 points to be certified, depending on the level of certification. Builders, contractors and homeowners may contract directly with GreenPoint Raters ("GreenPoint Raters") who conduct verifications and submit results to Build It Green for certification. Build It Green then reviews the verification results, conducts any quality assurance necessary, and issues certificates for qualifying projects. Under the LEED`m program, the Applicant would register the building with LEED and submit the final paperwork after completion of the building. As proposed, the Ordinance does not require developers to obtain certification from Build It Green or LEED`T". A developer may chose to obtain certification for marketing purposes. The GreenPoint thresholds vary throughout the state, as some cities require ten (10) GreenPoints to obtain a Building Permit (Santa Cruz) while others require residential development to obtain fifty (50) GreenPoints from all new residential development (Novato, Albany, Livermore) and some cities require ninety (90) points or greater (Rohnert Park). Cities frequently use the threshold of 50 GreenPoints even 4 of 6 .~ ~~~ /S when certification from Build It Green is not mandatory, because this threshold encourages developers~tb obtain certification from Build It Green, which is a neutral third party rater. Staff has included 50 points for both rating systems as the threshold in the draft Ordinance. However, the City Council could require that projects obtain 25 GreenPoints, which is half-way to certification, or the Council could decide that all projects must obtain 50 GreenPoints. Please note that a threshold that is greater than 50 points might have the effect of imposing requirements on projects that are in conflict with the state building standards, thus rendering the proposed Chapter in conflict with state law. Comparison with Neighboring Cities: Staff compared the draft Ordinance to the City of Livermore and Pleasanton's Ordinances (Attachment 8). Staff found that overall the programs are very similar with differences in the following areas: Scope of the project: Both the Cities of Livermore and Pleasanton's Ordinances include requirements for commercial projects to some extent. In addition, Pleasanton's residential Ordinance is limited to dwellings over 2,000 square feet, new dwellings or additions to existing dwellings. In comparison, the City of Dublin's draft Ordinance is limited to residential projects with greater then 20 units. Acceptable Green Rating Systems: The Cities of Livermore and Pleasanton accept LEED`"' for commercial buildings and Build It Green for residential projects exclusively. The City of Dublin's draft Ordinance would permit Build It Green, LEED`m for Homes, or a more stringent rating system. Inspections by the Green Building_Off cial or designee: The Cities of Livermore and Pleasanton require inspections by City Staff. The City of Dublin's draft Ordinance requires the developer to perform the inspection and provide certification to the City prior to occupancy. Under this process the City would incur fewer costs. Performance Security: The City of Livermore's program allows the Green Building Compliance Official to require a performance security if the Official believes the building will not meet the minimum standards. This is not included in the Cities of Pleasanton or Dublin's proposed Ordinance. Incentive Programs: The City of Pleasanton's Ordinance does not offer incentives. The City of Livermore's and the proposed Ordinance for the City of Dublin would allow the Green Building Official to reduce the scope of review if the project is registered with, and obtains certification from, the Build It Green program or LEED`"'. The reduction in the scope of review should result in less staff time and therefore, result in lower applicable fees, while achieving the City Council desire to require green building elements in residential projects. ENVIRONMENTAL REVIEW: The proposed adoption of a Green Building Ordinance is exempt from the California Environmental Quality Act based on the following findings: The Green Building Ordinance is not a "project" within the meaning of Section 15378 of the State California Environmental Quality Act Guidelines, because it has no potential for causing a significant effect on the environment, and where it can be seen with certainty there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed Ordinance does not, in itself, allow the construction of any building or structure. 5 of 6 CONCLUSION: /S Jurisdictions throughout Northern California have adopted Green Building regulations over the last few years and the City already has City projects that incorporate green building measures. Staff recommends that the City Council expand to the City's required Green Building measures to residential developments over twenty units. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Receive Public Testimony; 4) Close the Public Hearing and deliberate; and 5) Waive reading and introduce the Ordinance adding a New Chapter 7.94 to the Dublin Municipal Code relating to Green Building. 6 of 6 '7 a~ iS D ORDINANCE NO. XX - 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. LEED`n', 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 Pnge 1 of 9 ATTACHMENT 2 ~~,s 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. 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: Page 1 of 9 ~~~~- ,~ ,J 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 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 LEEDh71 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: Page 3 of 9 r ~ ~.. .~ ~ .~- ~ s ;~~~ "Build It GreenTM" 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 GreenTM "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. "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 LEED`m 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 LEED`"' 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. "LEEDtm 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 LEEDtr" rating system, approved by the U.S. Green Building Council. As new rating systems are developed by the U.S. Green Building Council, the Green Building Official shall have the authority to specify the applicable LEEDt"' residential green building rating system for a covered project. "LEEDtm for Homes Project Checklist" means the version of the applicable LEEDt"' 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. Pnge 4 of 9 ~l d~ ~'. ~~ 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 LEEDtm for Homes Green Building Rating System, the 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 LEEDt"' 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 LEEDtr" 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. Page s of v a /~ /~ ~ f`~ ,~ 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. 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 maybe 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 Page 6 of 9 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 Build 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 LEED`m for Homes Green Building Rating System voluntarily registers his or her project with the U.S. Green Building Council for LEED`"' 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 LEED`m 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 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 Page 7 of 9 / ~ `~ J.~ 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. PASSED, APPROVED AND ADOPTED this day of , 2009. AYES: NOES: Page 8 oJ9 f~ ~~~ ~~ ABSENT: ABSTAIN: ATTEST: City Clerk 1190919.3 Mayor G: IAgendas120091green buildinglDublin Draft Mandatory Green Building Ordinance-S.DOC Page 9 of 9