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HomeMy WebLinkAbout512 ORDINANCE NO. 512 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 1.3 TO TITLE 8 OF THE MUNICIPAL CODE (BUILDING REGULATIONS) ESTABLISHING GREEN BUILDING REGULATIONS WHEREAS, the Town of Los Altos Hills' ("Town") General Plan sets forth goals, policies and programs to ensure that all development occurs in a manner that maximizes the preservation of natural resources; and WHEREAS, policy 2.8 of the Town's General Plan Land Use Element promotes the use of green building methods and practices in the planning, design, construction,renovation, operations, and demolition of buildings; and WHEREAS, California Assembly Bill 32 (Global Warming Solutions Act of 2006)require actions on the part of State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels; and WHEREAS, reducing energy and water use and mitigating climate change are fundamental parts of a sustainable long-term strategy to preserve natural resources and protect the environment; and WHEREAS, the U.S. Department of Energy estimates that buildings account for 38% of CO2 emissions in the United States; and WHEREAS, utilizing green building measures in construction saves energy,reduces CO2 emissions, and reduces operating costs. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. AMENDMENTS. Chapter 1.3, "Green Building Regulations", is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 1.3 Green Building Regulations Sections: 8-1.30 Purpose 8-1.31 Applicability 8-1.32 Definitions 8-1.33 Standards for Compliance 8-1.34 Incentives for Applicable Projects 8-1.35 Incentives for Additions and Remodels 8-1.36 Administration and Enforcement 8-1.37 Exceptions 8-1.38 Appeal 8-1.30 Purpose The intent of the Los Altos Hills green building program is to enhance public health and welfare by establishing green building standards for the design, construction, and maintenance of buildings. The green building practices referenced in this Chapter are intended to achieve the following goals: a. To encourage the conservation of natural resources; b. To reduce waste in landfills generated by construction projects; c. To increase energy efficiency and lower energy usage in buildings; d. To promote a healthier indoor environment; e. To provide durable buildings .that are efficient and economical to operate, and maintain. 8-1.31 Applicability The provisions of this Article shall apply to new Town-owned public facilities and new residential Primary Dwellings and Secondary Dwellings, where proposed as part of a Primary Dwelling. 8-1.32 Definitions For purposes of Chapter 1.3, the following definitions shall apply: A. "Green Building" means a whole systems approach to the design, construction, location and operation of buildings and structures that helps to 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. B. "GreenPoint Rated (GPR)" means the residential green building rating system developed by Build It Green. C. "GreenPoints" means credits assigned under the GreenPoint Rated Checklist for applicable projects. D. "GreenPoint Rated Verification" means verification of a project by a certified GreenPoint Rater to meet the standards of the GreenPoint Rated program and resulting in certification by Build It Green. E. "LEED " means the "Leadership in Energy and Environmental Design" green building rating system developed by the U.S. Green Building Council(USGBC). F. "LEED USGBC Verification" means verification of a project by a LEED accredited professional to meet the standards of the U.S. Green Building council (USGBC) and resulting in LEED certification by USGBC. G. `Primary Dwelling" means a building designated and/or customarily used as a residence by not more than one (1) family and situated on a parcel or lot on which no other primary dwelling is located. H. "Public Facilities"means Town-owned facilities and buildings. I. "Secondary Dwelling" shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. A secondary dwelling shall include facilities for living, sleeping, eating, cooking, and sanitation, and be located on the same parcel under the same ownership as a primary dwelling. 8-1.33 Standards for Compliance All applicable projects shall demonstrate compliance with the following level of green li building standards: A. New Primary Dwellings and Secondary Dwellings, where proposed as part of the Primary Dwelling. 1. Site Development Review. The applicant shall submit one(1) of the following checklists: a. A GreenPoint Rated checklist with the Site Development application to indicate that the project will achieve a minimum of fifty (50) points; A completed GreenPoint checklist shall be attached to the front of the site development plans submitted to the Planning Department for review. b. A LEED for Homes checklist with the Site Development application to indicate that the project will achieve a minimum of forty-five (45) points or LEED Certification. A completed LEED checklist shall be attached to the front of the site development plans submitted to the Planning Department for review. 2. Building Plan Review. The applicant shall submit one (1) of the following checklists: a. A GreenPoint Rated checklist with the building permit application to indicate that the project will achieve a minimum of fifty(50) points. The checklist shall be completed by a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall include general notes or individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. b. A LEED for Homes checklist with the building permit application to indicate that the project will achieve a minimum of forty-five (45) points or LEED certification. The checklist shall be completed by a qualified green building professional and shall be attached to the front of the construction plans. The construction plans shall include general notes or individual detail drawings, where feasible, showing the green building measure to be used to attain the required points. 3. Final Inspection and Occupancy. Prior to final inspection and occupancy for applicable projects, a qualified green building professional shall provide documentation verifying that the building was constructed in compliance with GreenPoint Rated or LEED certification. B. New Town-owned Public Facilities 1. Construction for all new Town-owned facilities and buildings over 1,000 sq. ft. in size shall meet or exceed LEEDa certification. I 2. Prior to issuance of building permits, the Town shall verify that the project has been designed to meet LEEDa certification. 3. Prior to final project inspection, the Town shall verify that the project was constructed in compliance with the LEED®certification. 8-1.34 Incentives for Applicable Projects Applicable projects that exceed the minimum point thresholds required under Section 8- 1.33 shall qualify for the following incentives: A. Expedited Permit Processing For projects GreenPoint rated at 75 points or higher or LEED rated at 60 points or higher(LEED Silver), the project shall qualify for expedited building plan review. Plan check comments on the first round of building permit applications will be provided within five days of permit submittal. B. Guaranteed Building Inspections For projects GreenPoint rated at 100 points or higher or LEED rated at 75 points or higher (LEED Gold), the project shall qualify for guaranteed building inspections within two working days of a request for inspection. C. Special Recognition by the City Council For projects GreenPoint rated at 150 points or higher or LEED rated at 90 points or higher (LEED Platinum), the homeowner shall receive a customized plaque recognizing the special achievement. 8-1.35 Incentives for Additions and Remodels Residential addition and remodeling projects voluntarily participating in Build It Green's GreenPoint Rated Existing Home Rating Program shall qualify for the following incentives: A. Expedited Permit Processing For projects that achieves the GreenPoint Elements rating (25 points minimum), the project shall qualify for expedited building plan review. Plan check comments on the first round of building permit applications will be provided within five days of permit submittal. B. Guaranteed Building Inspections For projects that achieves the GreenPoint Whole House rating (50 points minimum), the project shall qualify for guaranteed building inspections within two working days of a request for inspection. 8-1.36 Administration and Enforcement. The Building Official of the Town of Los Altos Hills shall be responsible for the administration and enforcement of the provisions of Chapter 1.3 Green Building Regulations. 8-1.37 Exceptions. The Building Official shall have the discretion to grant exceptions to the strict application of the ordinance in cases where due to conditions or exceptional characteristics of the structure or property involved, a literal enforcement of the provisions of this chapter would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall be granted unless the Building Official shall find that the granting of such exception will not be contrary to.the intent of the provisions of this chapter. 8-1.38 Appeal Any decision or determination by the Building Official under this Chapter may be appealed by the applicant or any interested person to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof, in accordance with the provisions of Section 1-4.01 (Rights to Appeal) of the Los Altos Hills Municipal Code. 2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end,provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision,paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Council's designee. At least five(5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. INTRODUCED: September 11, 2008 PASSED: October 9, 2008 AYES: Mayor Mordo, Mayor Pro Tem Warshawsky, Councilmember Jones, Councilmember Kerr and Councilmember O'Malley NOES: None ABSTENTIONS: None ABSENT: None BY: Jean Mordo, Mayor ATTEST: City Clerk APPROVED S.TO FORM: City Attorney