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HomeMy WebLinkAboutOrd 1857ORDINANCE NO. 1857-2010 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE CODE OF THE CITY OF BURLINGAME; ADOPTING BY REFERENCE THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN), PART 11, WITH MANDATORY TIER ONE ENERGY EFFICIENCY PROVISIONS AND AMENDMENTS AND MODIFICATIONS, AND ADDING CHAPTER 18.30 AS THE B URLINGAME GREEN BUILDING ORDINANCE The City Council of the City of Burlingame ordains as follows: Section 1. FINDINGS. Climatic. The City of Burlingame is in climate zone 3 and is located between the Santa Cruz Mountain foothills and San Francisco Bay, with a number of substantial creeks flowing tluough highly developed residential and industrial areas. Itis surrounded by large areas of open space maintained in natural condition, as well as having a significant natural canyon in the center of the residential area. Green Building encourages water conservation and improved energy efficiency, which reduces water and energy consumption. Geologic. The City is -directly -east -of the San Andreas Fault, and much of the -highly developeA paL-t of the City is located along the front of the Bay, much of it on fill. The United States Geologic -Survey, the California Division of Mines and Geology, and the Association of Bay Area Governments have extensively mapped the area for such eart hquake probabilities. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Green Building practices foster development away from these active areas by encouraging their location near existing public transport ation and services. Topgraphic. The City of Burlingame is "The City of Trees." Green Building practices encourage minimal disruption of the natural flora and the practical placement of trees to provide shade. Green Building also encourages limited grading and buildings that blend with the natural topography. The City has worked with other jurisdictions on the San Francisco Peninsula to establish consistent standards to ILL the impact that varying standards might have on development and redevelopment of both residential and commercial buildings. Social. The City of Burlingame Citizens Environmental Council (CEC) and Green Information Group (GIG) have worked in concert to design a green building ordinance with built-in measures that establish energy efficiency standards for new and existing residential and non-residential construction projects that exceed the State of California Title 24 energy . Use of green building practices that employ higher standards above Title 24 energy requirements, as stated in the City's Climate Action Plan, will fui-tlier improve residential and commercial building energy efficiency. The City of Burlingame intends by this ordinance to ensure that all buildings subject to this ordinance will consume no more energy than what is permitted by the 2008 Building Energy Efficiency Standards (Title 24, Paa-t 6) of the California Building Code. In seeping to attain these goals the building standards in Title 18 have been and are adopted. Section 2. To provide appropriate, clear information to applicants for construction approvalS, Section 18.07.050 is adopted to conform Title 18 to Zoning Code requirements established in the Municipal Code. 10/18/10 2 Section 3. The City operates its own sanitary sewer system and water quality control plant and is subject to State and Federal laws regarding both point and non -point discharges. Sections 18.07.060, 18.08.010, 18.12.080, 18.12.090, 18.12.100, 18.12.110, 18.12.115, 18.12.120, and 18.12.125 are intended to assist the City in meeting r regarding those laws as well as protecting the public safety and welfare. Section 4. The City also operates its own water supply system for its citizens. Sections 18.07.060, 18.12.050, 18.12.060, 18.12.070, and 18.12.100 are intended to provide consistent policy regarding water service installations and to protect the public's water supply. Green Building practices encourage water conservation and sustainability that reduces water usage in the Section 5. Chapter 18.30 is added to the City of Burlingame Municipal Code to read as follows: Chapter 18:30 GREEN BUILDING CODE Sections: 18.30.010 Adoption of 2010 California Green Building Standards Code. 18.3 0.015 Section 101.2 amended —Purpose. 18.30.020 Section 202 amended — Definitions. 18430.030 Section 4.408.2 amended — Construction Demolition and Recycling Plan. 18.30.040 Section A4.203.1 amended — Tier 1 Energy Efficiency (Residential - Performance Approach) Adopted as Mandatory Measure. 18.30.045 Section A4.204 amended — Tier 1 Energy Efficiency (Residential - Prescriptive Approach) Adopted as Mandatory Measure. 10/18/10 3 18.30.050 Section A5.203.1.1 amended —Tier 1 Energy Efficiency (Non - Residential) Adopted as Mandatory Measure. 18.30.060 Section 304.1.2 added — Undue Hardship. 18.30.070 Section 102.3.1 added — Final Approval. 18.30.080 Subsection 101.12 added —Appeals. 18.30.010 Adoption of 2010 California Green Building Standards Code. The rules, regulations and standards printed in one volume and published by the International Code Council under the title the "2010 California Green Building Standards Code", including the appendices, are adopted as and for the rules, regulations and standards within flus city as to matters therein contained except as provided in this chapter. The mandatory requirements of the appendices to the code shall be as if contained in the body of the code. 18.30.015 Section 101.2 amended —Purpose. Section 101.2 is amended to read as follows: 101.2 Purpose. The purpose of the Burlingame Green Building Ordinance is to enhance public health and weelfarby encouraging green building measures in the design, construction, operation and maintenance of buildings. The green building pr actices referenced iii thin ordinance are intended to achieve the following goals: 1. To encourage conservation of natural resources; 2. To reduce waste in landfills generated by construction projects; 3. To increase energy efficiency and lower energy usage; 4. To reduce the operating and maintenance costs for buildings; 10/is/10 C� 5. To promote a healthier indoor environment; and 6. To promote use of recycled material. 18.30.020 Section 202 amended —Definitions. Section 202 is amended to include the following: 202 Definitions. 1. Build It Green: the non-profit organization that publishes the New Home Construction Green Building Guidelines, the Multi -Family Green Guidelines (Parts 1 & 2), Home Remodeling Green Building Guidelines, the GreenPoint Rated checklists, and any successor entity that assumes responsibility for the programs and operations of Build It Green. 2. Chief Building Offrcial: means the Chief Building. Official or his or her designee. 3. Greeu building: a whole systems approach to the design, construction, location and operation of buildings and structures that helps to mitigate the enviromnental, economic, and social -impacts of construction, demolition,. and -renovation. -Green building practices recognize the relationship between the natural and built environment, seek to minimize the use of energy, water, and other natural resources, and promote a healthy, productive indoor environment. 4. GreeuPoiuts: credits assigned under the applicable GreenPoint Checldist for a residential project. 5. GreenPoiut Rated: a residential green building rating system developed by Build It Green. Ions/lo 5 6. Green Point Rated Verification: verification of compliance by a Gertifzed GreenPoint Rater by Build It Green. 7. Green- oint Rater : a person certified by Build It Green. 8. LEMYRD the "Leadership in Energy and Environmental Design" green building ratII-L6 system developed by the U.S. Green Building Council. 9. LEED®/IISGBC Tjerificatiorz: verification to meet the standards of the U.S. Green Building Council (USGBC) and resulting in LEEDOO certification of the project by the USGBC. Minimum level: Certified. 10. Mixed use: the constz-uction of a building or buildings that include both residential and non-residential uses. 11.Non-residential proyect: the construction of retail, office, industrial, warehouse, services, hotels, motels, or similar buildings. 12. Qualified green building professional: a person trained tluough the USGBC as a LEED® AP (accredited profess4 onal)5 or through Build It Green as a GreenPoint Rater, or other qualifications when acceptable to the Building Official. A l certified green building professional, architect, engineer, designer, builder, or building inspector may_ be considered a qualifi ed green building professional when determined appropriate by the Chief Building Offi cial. 13. Remodeany construction or renovati l: on to an existing structure other than repair or addition 14. Rep -air: the reconstruction or renewal of any part of an existing structure for the puzpose of maintenance zonsizo 6 15. Residential project, the construction of R2, R3, R3.1, and R4 buildings, except hotels and motels. 16. Residential reconstt action: a residential -type project where the building at any time is uninhabitable, including removal of any or all utilities (water, electrical, natural gas, or sewer); or the project provides no permanent l�itchen or bathroom facilities; or the project provides no shelter or ability to maintain heat as defined by code; or when over 50% of the foundation is replaced or reinforced other than the repair of a foundation failure; or when over 50% of the framing above the foundation is removed or replaced. Final determination whether a project meets the definition of residential reconstruction shall be made by the Chief Building Official. 18.30.030 Section 4.408.2 amended —Construction Demolition and Recycling Plan. Section 4.408.2 is deleted in its entirety and replaced with the following: 4.408.2 Construction. Demolition and Recycling Plan. A Construction Demolition and Recycling Plan must be submitted for any project that has a construction value of $50,000 or more. The Construction Demolition and Recycling Plan must comply with the City -of Burlingame Construction and Demolition Recycling Ordinance #1704 as set forth in Chapter 8.17. 18.30.40 Section A4.203.1 amended —Tier 1 Energy Efficiency (Residential - Performance Approach) Adopted as Mandatory Measure. 10/18/10 7 Section A4.203.1 is amended as follows: A4.203.1 Tier 1 Energy Efficiency (Residential - Performance Approach) Adopted as Mandatory Measure. The following residential projects must exceed Title 24 Energy Efficiency Standards byrequired under this ordinance: All residential additions, remodels, alterations, or repairs in which the cost of construction has a total value of fifty thousand dollars ($50,000) or more A permit applicant is required to submit a completed checklist of the proposed compliance measures for the project at the initial submittal to the Planning Division for projects requiring Plaiuung Connnission approval. If Planning Commission approval is not required prior to Building Code plan checic, then an applicant must submit a completed checklist of the proposed compliance measures directly to the Building Division at the time of the izutial Building Code plan checic submittal. A GreenPoint Rated checklist, or equivalent, with a minimum of fifty (50) points shall be accepted as one method of meeting compliance with this orAO nance. Applicants are encouraged, but not required, to meet with City_ staff poor to any application submitt al to review the green building program and details to --achieve compliance with this ordinance. The means by which compliance measures are achieved shall be by Build It Green "GreenPoints", LEEDS, Energy Efficiency Standards, other recognized point systems, or equivalent approved met�Iiods. LEEDS projects must verify that they exceed the 2008 Energy .Efficiency Standards by 15% (Title 24, Part 6.) Compliance measures shall be approved by the Chief Building Official prior to issuance of a building per -mit. Projects must show verification of ions/ lo 8 energy savings which exceed the 2008 Building Energy Efficiency Standards (Title 24, Part 6) of thU California Building Code by 15%. Projects using the performance approach may use an Alternative Calculation Method (ACM) approved by the Califoniia Energy Commission to show verification of the required energy savings of 15% by comparison of the proposed building to the Title 24 standard or "budget" building. 18.30.45 Section A4.204 amended —Tier 1 Energy Efficiency (Residential Prescriptive Approach) Adopted as Mandatory Measure. Section A4.204 is amended by adding the following: A4.204 Tier 1 Energy Efficiency (Residential -Prescriptive Approach) Adopted as Mandatory Measure. The following residential projects must exceed Title 24 Energy Efficiency Standards by 15 % as required under this ordinance: All residential additions, remodels, alterations, or repairs in which the cost of construction has a total value of fifty thousand dollars ($50,000) or more A permit applicant is required to submit a completed checklist of the proposed compliance measures for the project at the initial submitt al to the Planning Division for projects requiring Planning Commission approval. If Planning Commission approval is not required prior to Building Code plan check, then an applicant must submit a completed checklist of the proposed compliance measures directly to the Building Division at the time of the initial ioilsiio 9 Building Code plan check. A GreenPoint Rated checklist, or equivalent, with a minimum of fifty (50) points shall be accepted as one method of meeting compliance with this ordinance. Applicants are encouraged, but not required, to meet with City staff prior to any application submittal to review the green building program and details to achieve compliance with this ordinance. The means by which compliance measures are achieved shall be by Build It Green "GreenPoints", LEEDOO, Energy Efficiency Standards, other recognized point systems, or equivalent approved methods. LEED®projects must verify that they exceed the 2008 Energy Efficiency Standards by IS% (Title 24, Pari 6.) Compliance measures shall be approved by the Chief Building Official prior to issuance of a building permit. Projects must show verification of .energy savings which exceed the 2008 Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code by 15%. 18.30.50 Section A5.203.1.1 amended —Tier 1 Energy Efficiency (Non -Residential) Adopted as Mandatory Measure. Section A5.203.1.1 is amended as follows: A5.203.1.1 Tier 1 Energy Efficiency (Non -Residential) Adopted[ as Mandatozy Measure. The following non-residential projects must exceed Title 274 Energy Efficiency Standards by 15%° as -required under this ordinance: 1) All new non-residential buildings 10,000 square feet or more in gross floor area 2) All non-residential additions 10,000 square feet or more ili gross fl oor area A permit applicant is required to submit completed documentation, prepared by a qualified green building professional, of the proposed compliance measures for the project at the initial submittal to the Planning Division for projects requiring Planning Cozmnission approval. If Planning Commission approval is not required prior to Building Code plan check, then an applicant must submit completed documentation, prepared by a qualified green building professional, of the proposed compliance measures directly to the Building Division at the time of the initial Building Code plan check. Applicants are encouraged, but not required, to meet with City staff prior to any application submittal to review the green building program and details to achieve compliance with this ordinance. Verification of compliance with Section A5.203.1.1 Tier 1 (15%above Title 24) or LEED® Silver shall be accepted as the methods of meeting compliance with this ordinance. Compliance measures shall be approved by the Chief Building Official prior to issuance of a building permit. Projects must show verification of energy savings which exceed the cuzrent 2008 Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code by Projects using the performance approach may use an Alternative Calculation Method (ACM) approved by the California Energy Commission to show verification of the required energy savings of 15% by comparison of the proposed building to the Title 24 standard or "budget" building. 18.30.060 Section 304:1.2 added — Undue �Iardsbip. Section 304.1.2 added to read as follows: ionsno 11 304.1.2 Undue Hardship. If circumstances, beyond the control of the applicant, exist which make strict compliance with this ordinance an undue hardship, then the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show undue hardship and to show continued compliance with 2008 California Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code. Application. If an applicant for a covered project believes such circumstances exist, then the applicant may apply for an exemption at the time of the planning application or building permit application submittal. The applicant shall indicate the maximum threshold of compliance that they calculate is feasible and state the circumstances that would create an undue hardship to fully with this chapter. For the puzposes of this section, an undue hardship exists if: 1) There is a lack of commercially available green building materials and technologies, or; 2) The green building compliance requirements do not include enough green building measures that are compatible wi±h the scope and cost of the covered .project. Granting of Exemption. If the Chief Building Official determines that itis an wldue hardship for the applicant to fully meet_the requirements of this. chapter based upon the inforrr,ation provided, the -C hief Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. If a finding of undue hardship is determined, the decision of the Chief Building Official shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this chapter in all other aspects and shall be required to att ain, in accordance with this chapter, the threshold of compliance determined to be achievable by the Chief Building Official. ionsno 12 Denial of Exemption. If the Chief Building Official determines compliance would not constitute an undue hardship, the request shall be denied and the Chief Building Official shall notify the applicant in writing. All decisions of the Chief Building Official under this section shall be final. 18.30.070 Section 102.3.1 added —Final Approval. Section 102.3.1 is added to read as follows: 102.3.1 Final Approval. Prior to final building inspection and occupancy for projects included under this ordinance, and when required by the Chief Building Official, a qualified green building professional shall provide evidence of adequate green building compliance or ---documentation o_ he_Chief_Building_Official to satisfy he requiremezlts of compliance residential and/or non-residential projects covered under this ordinance. Evidence of green building compliance shall include, but not be limited to, verification or certification by Build It Green GreenPoint Rater or LEED® specialist, or in -progress site inspections and final sign -off by a City of Burlingame buildmg inspector or other designated City employee. Compliance shall not be deemed complete until formal certification has-been granted and submitted to the Chief Building Official. The Chief Building Official shall make the final determination whether a project meets green building requirements of this ordinance. 18.30.080 Subsection 101.12 added —Appeals. Subsection 10 1. 12 is added to read as follows: 101.12 Appeals. iongno 13 An appeal of a denial of or a refusal to issue a permit or from any other decision of the building official may be taken as set forth in section 18.07.040. Section 6. An application for a building permit received after December 31, 2010 must comply with this Ordinance unless specific land use provisions for the project were approved by the City of Burlingame prior to 5:00 p.m. on December 31, 2010. If the Plantung Commission has approved the project then the building permit application for that project may use the provisions found in the 2007 California Building Codes including all amendments as adopted in Ordinance 1813. Section 7. This ordinance shall be published as required by law. Mayor I, MARY ELLEN KEARNEY, City Cleric of the City of Burlingame, do hereby certify that_the_foregoing_ ordinance -_was introduced_at_axegular. meeting of the --City Co_uncil_held_on_the. 4th day of October, 2010, and adopted thereaft er at a regular meeting of the City Council held on the 18th day of October, 2010 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, REIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NONE City lerk 10/ls/lo 14