January 17, 2017 City Council Staff Report Green Building Ordinance

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1 1 2 STAFF REPORT 3 TO: Mayor and City Council 4 5 FROM: Danielle Staude, Senior Planner 6 7 VIA: Vin Smith, Director of Planning and Building 8 9 SUBJECT: Ordinance to Update to Green Building Regulations DATE: January 17, Approved for Forwarding: To conduct a Second Reading of an Ordinance amending Title 14 "Building and 21 Construction" and Title 20 "Zoning" of the Mill Valley Municipal Code to 1) add 22 Chapter establishing green building requirements and 2) delete Chapter "Green Building" of the Municipal Code RECOMMENDATION: 26 Adopt the Ordinance and waive second reading BACKGROUND: 29 At its regular meeting on January 3, 2017, the City Council received a staff report and 30 presentation, held the public hearing and discussed the proposed Ordinance. Following 31 deliberation, the Council introduced and waived first reading of Ordinance No to 32 modify and amend the City's green building regulations for new development and major 33 remodels (modifications greater than 50% to existing square footage or roof stmcture) NEXT STEPS: 36 Once adopted, staff is required to file the adopted ordinance with the CEC for a 60-day 37 public comment period administered by the CEC. This will provide additional time and 38 outreach opportunities for staff to coordinate and discuss the upcoming changes to the 39 green building regulations with local contractors and design professionals. Staff will be 40 asked to respond to public comments on an as-needed basis. After the close of the 60-day ITEM4

2 January 17, 2017 City Council Staff Report Green Building Ordinance 41 public comment period, the CEC may request modifications to the Ordinance. Staff will 42 report back to City Council, should the CEC request changes to the Ordinance, otherwise 43 the Ordinance becomes effective 60 days after adoption FISCAL IMPACT: 46 There is no fiscal impact to the City should certified green building raters be used to 47 satisfy Green Building requirements. Financial impact to applicants will be similar to 48 existing green building standards, which include the cost of hiring a green building rater 49 to verify the project satisfies green building requirements, should the project team not 50 include a LEED or Build It Green certified rater ENVIROMENTAL REVIEW: 53 This action is exempt from the California Environmental Quality Act under CEQA 54 guidelines section as an action by the City for protection of the environment GENERAL PLAN COMPLIANCE: 58 Updates to the green building regulations address and comply with several aspects of the 59 General Plan, including: 60 Climate Program 1-5: Update the City's green building ordinance to support best 61 practices and other available green building standards to conserve energy and 62 resources ATTACHMENTS: Ordinance ONLINE RESOURCES: 68 "What's Changed" fact sheets (energy code): Overview of Changed to CalGreen and Tiers with each Code Update: /images/4-Triennial-Update.pdf 72 January 3, 2017 City Council Staff Report nnig/zoning (ordinance) updates.htm 75 Page 2 of 2

3 1 2 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY 5 AMENDING TITLE 14 (BUILDING AND CONSTRUCTION) OF THE MILL VALLEY MUNICIPAL CODE 6 TO ADD CHAPTER ESTABLISHING GREEN BUILDING REQUIREMENTS AND AMENDING 7 TITLE 20 (ZONING) OF THE MILL VALLEY MUNICIPAL CODE DELETING CHAPTER "GREEN 8 BUILDING" 9 10 SECTION 1: FINDINGS WHEREAS, the design, construction and operation of buildings and structures within the City can 13 have a significant impact on the City's environmental sustainability, resource usage, energy efficiency, 14 waste management and the health and productivity of residents, workers and visitors; and WHEREAS, the design, construction and operation of buildings and structures have far-reaching 17 effects on the region and globally through production of greenhouse gases resulting in global climate 18 change and the consumption of resources that result in damage to and loss of wildlife habitat; and WHEREAS, green building benefits are spread throughout the systems and features of the 21 building. Green buildings can include, among other things, the use of certified sustainable wood products, 22 extensive use of high-recycled-content products; recycling of waste that occurs during deconstruction, 23 demolition and construction; orientation and design of a building to reduce the demand on the heating, 24 ventilating, and air conditioning systems; the use of heating, ventilating, and air conditioning systems that 25 provide energy efficiency and improved air quality; enhancement of indoor air quality by selection and use 26 of construction materials that do not emit chemicals that are toxic or irritating to building occupants; the 27 use of water conserving methods and equipment; and installation of alternative energy methods for 28 supplemental energy production; and WHEREAS, by requiring buildings within the City of Mill Valley to be constructed in an 31 environmentally responsible manner, the City is participating in global endeavors to reduce waste 32 generation, habitat loss and emissions of carbon dioxide, sulfur dioxide, and nitrogen dioxide; and WHEREAS, green building benefit building industry professionals, residents, and communities by 35 improving construction quality and building durability; reducing utility, maintenance, water and energy 36 costs; creating healthier homes; and WHREAS, the City of Mill Valley's General Plan sets forth goals for preserving and improving the 39 natural and built environment of the City, protecting the health of its residents and visitors and fostering its 40 economy; and WHEREAS, the City of Mill Valley has adopted a Climate Action Plan as part of is General Plan, 43 which includes numerous programs for implementation to reduce the City's Greenhouse Gas emissions, 44 including program CL.1-5, "Update the City's green building ordinance to support best practices and other 45 available green building standards to conserve energy and resources"; and WHEREAS, the proposed amendments will promote the public health, safety and general welfare 48 by reducing impacts on respiratory health and chemical sensitivity of residents and visitors, reducing 49 production of greenhouse gases, reducing impacts on wildlife and vegetative habitats and reducing 50 generation and land filling of waste products; and WHEREAS, in recent years, green building design, construction and operational techniques have 53 become increasingly widespread, with new building Standards adopted as part of the California Building 54 Standards Code; and WHEREAS, the proposed Ordinance will require all applicable construction projects to consume 57 no more energy than is permitted by (Title 24) Part 6. Attachment 1: Green Building Ordinance \.TTACHMENT 1

4 58 59 WHEREAS, the City of Mill Valley is a built-out community with few vacant parcels. Most "new 60 construction" projects relate to major remodels or tear downs in which a dwelling is significantly renovated 61 with structural modifications or additions over 50% of the current square footage of the dwelling and/or 62 exterior roof structure and exterior walls. 63 WHEREAS, the City of Mill Valley is authorized by statute to adopt local amendments, additions or 64 deletions to the California Green Building Standards Code when determined reasonably necessary by the 65 Mill Valley City Council because of local climatic (Zone 3), geological, topographical or environmental 66 conditions (including floodway, floodplain, and Wildland Urban Interface areas), provided the procedures 67 and effective date of local amendments coincide with the procedures and effective date of the California 68 Building Standards Code; and WHEREAS, adoption of the California Green Building Standards Code Appendices (or Tiers) 71 promotes statewide consistency and predictability for building professionals WHEREAS, it has been determined that these amendments are exempt from the requirements of 74 the California Environmental Quality Act (CEQA) pursuant to Section of the CEQA Guidelines 75 which exempt changes in land use regulations intended for the protection of the environment. The 76 proposed regulations would reduce local, regional and global impacts on air and water quality, resource 77 consumption, waste generation and habitat change; and SECTION 2: 80 Chapter is hereby added to the Mill Valley Municipal Code as follows: Chapter Green Building Standards California Green Building Standards Code Adopted by Reference. 85 The 2016 Edition of the California Green Building Standards Code, known as the California Code of 86 Regulations, Title 24, Part 11, including Appendix Chapter A4 (Residential Voluntary Measures) at Tier 1 87 levels for new construction (defined in ), and Appendix Chapter AS (Nonresidential Voluntary 88 Measures) at Tier 1 levels for new construction (defined in ) based on the local amendments 89 further defined below Local Amendments to the California Green Building Standards Code. 91 Based upon the findings of the City Council regarding local climatic, topographical and environmental 92 conditions, the following sections and subsections of the 2016 California Green Building Standards Code 93 ("CALGreen" Code) are amended to read as follows: Definitions. The following definitions apply to Section 14.48, "Green Building." 95 A. "Certified Green Building Rater" means a person acting as the owner's agent to ensure compliance 96 with green building requirements. Those persons representing national and regional green building 97 organizations including, but not limited to, CalGreen, Build it Green and LEED, are considered certified 98 green building raters. 99 C. "Green Building Compliance Form" means the signature page submitted to the City signed by a 100 Certified Green Building Rater, indicating that applicable project complies with the City's Green Building 101 requirements. 102 D. "New" or "Newly Constructed" means the production of a new or replacement building(s) and major 103 remodels. Attachment 1: Green Building Ordinance 2

5 104 E. "Major remodel" means structural modifications or additions made to a dwelling, which are greater 105 than 50% of either: (1) the current square footage of such dwelling; or (2) the current exterior roof 106 structure and exterior walls of such dwelling. 107 F. "Remodel, minor" means modifications or additions made to a dwelling which are not considered to 108 be a major remodel by definition Green Building Requirements, by Project Type. This Chapter shall apply to the following 11 O redevelopment projects: 111 A. Non-Residential Projects. New or newly constructed non-residential projects including city facilities 112 and private non-residential projects shall satisfy Tier 1 levels for new construction, excluding Division Energy Efficiency Single-Family Residential Projects. New or newly constructed single-family residential projects shall 115 satisfy Tier 1 requirements, referred to as "Low-rise Residential" in the CalG reen Code, including Division 116 A4.2 Energy Efficiency. 117 C. Multi-Family Residential Projects. New or newly constructed multi-family residential projects shall 118 satisfy Tier 1 levels, referred to as "High-rise Residential" in the Ca!Green Code, including Division A Energy Efficiency at 10% energy reduction levels. 120 D. Mixed-Use (Commercial with Residential) Projects. New or newly constructed mixed-use projects 121 shall satisfy Tier 1 levels for new construction, and include Division A4.2 Energy Efficiency for the 122 applicable residential portion of the new construction Documentation and Verification. All covered projects shall comply with the requirements 124 set forth in Section through the following verification methods. 125 A. Verification of Compliance All covered projects must comply with green building requirements as 126 part of the building permit and plan check process. A certified Green Building Rater shall verify compliance 127 by submitting signatures on the Green Building Compliance Form at the time of building permit application 128 and as part of final inspection. When a building permit is applied for, checklists must be filled out by a 129 Green Building Rater and included with the submittal package. The checklist shall be reviewed for 130 accuracy the Planning and Building Department. The Building Department will review the checklist prior to 131 issuance of a building permit. Building plans shall indicate in the general notes or individual detail 132 drawings, where appropriate, the green building measures to be used to satisfy the Green Building 133 requirements. Prior to final inspection, checklists must be verified by a Green Building Rater as completed 134 and final work satisfying the green building requirements. Any changes or modifications to the checklists 135 must be verified and approved by the Green Building Rater. Documentation and verification shall be 136 collected by the Green Building Raters. During the permit and inspection process, building staff may 137 request to review some or all of the green building documentation Costs of Documentation and Verification. All costs for inspections, documentation and verification 140 of compliance with green building requirements, including the hiring of a Certified Green Building Rater, a 141 certified commissioner, or certified home performance contractors, shall be borne by the applicant for a 142 building permit Exemptions. 144 A. This section shall not apply to: 145 Any project that received and maintains a valid planning approval or a building permit or which has 146 submitted a complete planning application or building permit application prior to the effective date of this 147 Chapter unless otherwise required as a condition of approval of a discretionary land use or zoning permit Hardship or Infeasibility. An exemption from the Standards for Compliance may be granted by the 150 Community Development Director under special circumstances. Such circumstances may include, but 151 are not limited to the following: Availability. Lack of green building materials and/or technology to comply with green building 153 requirements; Attachment 1: Green Building Ordinance 3

6 Scope of Project. The scope of the covered project is insufficient to comply with the green building 155 standards Conflict with other Provisions. There is conflict between green building requirements and other 157 building or zoning standards or other City goals, such as those requiring historic preservation; Historic Preservation. Those projects requesting an exemption based on the historic character of 159 a building, site or historic overlay zoning designation shall provide a written request to the Director of 160 Planning & Building regarding the exemption, and describe how the project is consistent with the 161 Secretary of the Interior's Standards for Historic Rehabilitation and/or Chapter "Historic Overlay 162 District" zoning requirements. 163 C. Process. A covered project must qualify as exempt from the requirements in this Chapter by applying 164 for an exemption at the time a planning or building permit application is submitted, whichever occurs first. 165 The applicant shall indicate the maximum threshold of compliance he or she believes is feasible for the 166 covered project and the circumstances that he or she believes create a hardship or make it infeasible to 167 fully comply with this Chapter. The exemption determination by the Director of Planning & Building shall 168 be provided in writing to the applicant, with a revised Green Building requirements meeting the basic 169 California Green Building Code requirements Appeal. 171 Any aggrieved applicant may appeal the determination of the Director of Planning & Building regarding (1) 172 the granting or denial of an exemption pursuant to Section or (2) compliance with any other 173 provision of this Chapter. Any appeal must be filed in writing with the Director of Planning & Building no 174 later than fourteen (14) days after the date of the exemption determination. The appeal shall state the 175 alleged error or reason for the appeal. A timely filed appeal shall be processed and considered by the 176 Planning Commission in accordance with the provisions of Section of the Mill Valley Municipal 177 Code. 178 SECTION 2: 179 Chapter 20.95, "Green Building" is hereby deleted from the Mill Valley Municipal Code in its 180 entirety. 181 SECTION 3: 182 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be 183 invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council 184 hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause 185 or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses 186 or phrases be declared invalid SECTION 4: The City Council hereby finds that the proposed Ordinance furthers the goals set forth in the City's 191 General Plan, including land use, conservation, sustainability and climate action SECTION 5: The City Council hereby adopts the California Green Building Standards Code appendices, as they may 196 be amended from time to time, as a City mandatory reference document and directs City staff to enforce 197 these green building measures as mandatory green building standards within the City, as further defined 198 in the Ordinance SECTION 6: The City Council herby finds this Ordinance is categorically exempt from the requirements of the California 203 Environmental Quality Act (CEQA) pursuant to Section if the CEQA guidelines which exempt 204 changes in land use regulations intended for the protection of the environment. The proposed regulations 205 would reduce local, regional and global impacts on air and water quality, resource consumption, waste 206 generation and habitat change. Attachment 1: Green Building Ordinance 4

7 207 SECTION 7: This Ordinance shall be effective 60 days following its adoption by the City Council. A summary of this 21 O Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section of 211 the Government Code of the State of California with the names of the City Councilmembers voting for and 212 against it INTRODUCED at a regular meeting of the City Council of the City of Mill Valley on the 3rd 215 day of January 2017, and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Mill Valley 218 on this 1 ih day of January 2017, by the following vote: AYES: 221 NOES: 222 ABSENT: Jessica Sloan, Mayor Attest: Kelsey Rogers, City Clerk/Administrative Assistant 231 Attachment 1: Green Building Ordinance 5