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.
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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.
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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;
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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.
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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
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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
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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.
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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
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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
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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:
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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.
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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.
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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
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