HomeMy WebLinkAbout2016-10-24 Ordinance 53931
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Ch 16.14 Green Building Stds Code
Ordinance No. 5393
Ordinance of the Council of the City of Palo Alto Amending and
Restating Chapter 16.14 of the Palo Alto Municipal Code, California
Green Building Standards Code 2016 Edition, and Local Amendments
and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.14 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety Chapter 16.14 and adopting a new Chapter 16.14 to read as follows:
16.14.010 2016 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2016 Edition, Title 24, Part 11 of the California Code
of Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2016. Ordinance No. 5324 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the California Green Building Standards Code Cal Green
code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply
to the California Green Building Standards Code, 2016 Edition, as adopted and amended by this
chapter.
One copy of the California Green Building Standards Code, 2016 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.14.020 2016 California Green Building Standards Code Appendix Chapters adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2016 Edition,
are adopted and hereby incorporated in this Chapter by reference and made a part hereof the
same as if fully set forth herein:
A. Appendix A4 Residential Voluntary Measures (Tier 1 and Tier 2)
B. Appendix A5 Nonresidential Voluntary Measures (Tier 1 and Tier 2)
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16.14.030 Cross References to California Green Building Standards Code.
The provisions of this Chapter contain crossreferences to the provisions of the California Green
Building Standards Code, 2016 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Violations Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this code. Each separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as provided in this section.
16.14.050 Enforcement Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; (3) Director of Development Services, and (4) Code enforcement
officer.
16.14.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the crossreferenced
provisions of the California Green Building Standards Code, 2016 Edition, and shall be deemed to
replace the crossreferenced sections of said Code with the respective provisions set forth in this
Chapter.
16.14.070 Section 202 amended Definitions added.
Section 202 of the California Green Building Standards Code is amended to include the following
definitions:
CPAU: The City of Palo Alto Utilities Department.
CALGREEN MANDATORY: Calgreen mandatory requirements are triggered for projects
outlined in Section 301.1 Scope of the code, as amended. Projects that trigger only
Calgreen mandatory measures are not required to fulfill Calgreen Tier 1 or Tier 2 as
listed in Appendix A4 and A5.
CALGREEN TIER 1 : To achieve Tier 1 status, a project must comply with the
requirements identified in Appendix A4, Division A4.601.4 for residential projects and
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Appendix A5.601.2 for nonresidential projects. The local adaptations to these
appendices are identified in this ordinance. Projects subject to Tier 1 must fulfill on
Calgreen mandatory measures and Calgreen Tier 1 prerequisite measures. Tier 1
projects must also select the minimum amount Calgreen elective measures required for
Tier 1.
: To achieve Tier 2 status, a project must comply with the
requirements identified in Appendix A4, Division A4.601.5 for residential projects and
Appendix A5.601.3 for nonresidential projects. The local adaptations to these
appendices are identified in this ordinance. Projects subject to Tier 2 must fulfill on
Calgreen mandatory measures and Calgreen Tier 2 prerequisite measures. Tier 2
projects must also select the minimum amount of Calgreen elective measures required
for Tier 2.
CALGREEN TIER 1 PREREQUISITE MEASURES: Projects subject to
Calgreen Tier 1 or Tier 2 must fulfill the minimum prerequisites as described within
Appendix A4, Division A4.6 for Residential projects and Appendix A5.6 for Non
Residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally
CALGREEN TIER 1 ELECTIVE MEASURES: Projects subject to Calgreen
Tier 1 or Tier 2 must fulfill the minimum number of electives as described within
Appendix A4, Division A4.6 for Residential projects and Appendix A5.6 for Non
Residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally
DEDICATED IRRIGATION METER. A dedicated irrigation meter is a water meter that
exclusively meters water used for outdoor watering and irrigation, and is completely
independent from the meter used for indoor water use.
CALGREEN PLANS EXAMINER: A Calgreen Plans Examiner is an individual certified
through the International Code Council (ICC) for demonstrating knowledge and
application of Green Building concepts during plan review. For projects that require a
Calgreen Plans Examiner verification, the Examiner must be contracted directly with the
owner and may not be a contractor or employee of the design or construction firm.
CALGREEN INSPECTOR: A Calgreen Inspector is an individual certified through the
International Code Council (ICC) for demonstrating knowledge and application of Green
Building concepts during inspection. For projects that require a Calgreen Inspector
verification, the Inspector must be contracted directly with the owner and may not be a
contractor or employee of the design or construction firm.
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GREEN POINT RATER: A GreenPoint Rater is an individual rated by Build It Green a
professional nonprofit membership organization whose mission is to promote healthy,
energy and resourceefficient buildings in California. For projects that require Green
Point Rater verification, the Green Point Rater must be contracted directly with the
owner and may not be a contractor or employee of the design or construction firm. The
city shall maintain a list of preapproved Special Inspectors in accordance with Chapter
7, section 702.2 Special Inspection.
INVASIVE PLANTS. Invasive plants are both indigenous and nonindigenous species with
growth habits that are characteristically aggressive. Invasive plants that are of concern
and may be prohibited by this code are defined as such Use Classification
of Landscape Species (WUCOLS
from the University of California Cooperative Extension.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of
Ordinance) ordinance regulating new construction and rehabilitated landscape project
design, installation and maintenance. The Model Water Ordinance assigns a Maximum
Applied Water Allowance (MAWA) based on landscaped area and climatological
parameters. The City of Palo Alto has adopted more stringent compliance regulations in
this code than the Model Water Ordinance; however, the Model Water Ordinance is
referenced as the guiding document for water use calculations, irrigation system design,
and water waste prevention.
PROCESS WATER. Process water means untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful
processing, manufacturing or operating wastes.
SALVAGE. Salvage means the controlled removal of construction or demolition debris/
material from a building, construction, or demolition site for the purpose of on or off
site reuse, or storage for later reuse. Examples include air conditioning and heating
systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling
fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of
wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door
brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing
fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone,
stoves, toilets, windows, wood fencing, lumber and plywood.
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SQUARE FOOTAGE. For application of green building requirements, square footage
means all new and replacement square footage, including basement areas (7 feet or
greater in height) and garages, except that unconditioned garage space shall only count
as 50% . Areas demolished shall not be deducted from the total new construction
square footage. Square footage may also apply to landscapes, in which case it is the
total surface area of the site not covered by impervious surfaces.
16.14.080 Section 301 amended voluntary tiers added.
Section 301 of the California Green Building Standards Code is amended to read:
SECTION 301
GENERAL
301.1 Scope. Buildings shall be designed to include the green building measures
specified as mandatory in the application checklists contained in this code and any
applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as
provided in Sections A4.601 and A5.601, for certain residential and nonresidential new
construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The mandatory provisions of
Chapter 4 shall be applied to additions or alterations of existing residential buildings
where the addition or alteration increases the building's conditioned area, volume, or
size. The requirements shall apply only to and/or within the specific area of the addition
or alteration.
Tier 1 adopted. All residential building additions or alterations exceeding 1000 square
feet must meet California Green Building Standards Code Mandatory plus Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
Note: On and after January 1, 2014, residential buildings undergoing permitted
alterations, additions or improvements shall replace noncompliant plumbing
fixtures with waterconserving plumbing fixtures. Plumbing fixture replacement
is required prior to issuance of a certificate of final completion, certificate of
occupancy or final permit approval by the local building department. See Civil
Code Section 1101.1, et seq., for the definition of a noncompliant plumbing
fixture, types of residential buildings affected and other important enactment
dates.
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301.2 Lowrise and highrise residential buildings. [HCD] The provisions of individual
sections of CALGreen may apply to either lowrise residential buildings, highrise
residential buildings, or both. Individual sections will be designated by banners to
indicate where the section applies specifically to lowrise only (LR) or highrise only (HR).
When the section applies to both lowrise and highrise buildings, no banner will be
used.
301.3 Nonresidential additions and alterations. [BSC] The provisions of individual
sections of Chapter 5 apply to building nonresidential additions of 1,000 square feet or
greater, and/or building alterations with a permit valuation of $200,000 or above (for
occupancies within the authority of California Building Standards Commission). Code
sections relevant to additions and alterations shall only apply to the portions of the
building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only
applies to newly constructed buildings [N] or to additions and alterations [AA]. When
the code section applies to both, no banner will be used.
Tier 1 adopted. Nonresidential alterations (including tenant improvements or
renovations) of 5,000 square feet that include replacement or alteration of at least two
of the following: HVAC system, building envelope, hot water system, or lighting system,
must comply with Mandatory California Green Building Standards Code plus Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
Tier 2 adopted. Nonresidential additions of 1000 square feet or greater must comply
with California Green Building Standards Code Mandatory plus Tier 2 requirements, as
amended by this Chapter and as applicable to the scope of work.
301.4 Residential new construction Tier 2 adopted. All newly constructed Residential
Buildings must meet California Green Building Standards Code Mandatory plus Tier 2
requirements, as amended by this Chapter and as applicable to the scope of work.
301.5 Nonresidential new construction Tier 2 adopted.All new nonresidential
construction must meet California Green Building Standards Code Mandatory plus Tier 2
requirements, as amended by this Chapter and as applicable to the scope of work.
301.6 Special Inspector Requirements. Residential project owners subject to Calgreen
Mandatory plus Tier 1 or Tier 2 requirements shall contract a special inspector in
accordance with section 702.2 of this code, as amended.
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16.14.090 Section 702.2 Special Inspection.
Section 702.2 of the California Green Building Standards Code is amended to read:
702.2 Special Inspection. When required by the enforcing agency, the owner or
inspectors to provide inspection or other duties necessary to substantiate compliance
with this code. Special inspectors shall demonstrate competence to the satisfaction of
the enforcing agency for the particular type of inspection or task to be performed. In
addition to other certifications or qualifications acceptable to the enforcing agency, the
following certifications or education may be considered by the enforcing agency when
evaluating the qualifications of a special inspector. The city shall maintain a list of pre
approved Special Inspectors in accordance with this section. The owner shall contract a
Special Inspector meeting one of the following;
1) Certification by a national or regional green building program:
ICC Certified Plans Examiner and ICC Certified Calgreen Inspector: Contract a
Calgreen Plans Examiner and Calgreen Inspector to provide thirdparty
verification of compliance prior to Permit Issuance and prior to Final Inspection.
This Special Inspector may fulfill both requirements if the individual, or company,
maintains both the Calgreen Plans Examiner and Calgreen Inspector designation.
2) Other programs acceptable to the enforcing agency.
When required by the enforcing agency, the owner or responsible entity acting as the
other duties necessary to substantiate compliance with this code. Special inspectors
shall demonstrate competence to the satisfaction of the enforcing agency for the
particular type of inspection or task to be performed. In addition, the special inspector
shall have a certification from a recognized state, national or international association,
as determined by the local agency. The city shall maintain a list of preapproved Special
Inspectors in accordance with this section.
Note: Special inspectors shall be independent entities with no financial interest
in the materials or the project they are inspecting for compliance with this code.
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16.14.100 Section 303.1.2 Cumulative construction.
Section 303.1.2 is added to the California Green Building Standards Code to read:
303.1.2 Cumulative construction. Cumulative construction over any twoyear period, or
a project completed in phases, shall be considered as a single project, subject to the
highest level of green building requirements for that project, unless exempted by the
Director of Development Services as impractical for compliance. If a project is developed
in phases, such as a core and shell development following by a tenant improvement,
regardless of ownership each phase will be subject to the green building requirements
which apply to the scope of work constructed as part of that phase.
16.14.110 Residential Projects. Chapter 4 Preface: Green building requirements for
project type and scope.
A preface is added to Chapter 4 of the California Green Building Standards Code to read:
Preface Green Building Requirements for Project Type and Scope For design and
construction of residential projects, the City requires compliance with the mandatory
measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in Palo Alto
Municipal Code Chapter 16.14. See Section 202 for definitions on Calgreen mandatory,
Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives. All elective
measures are adopted as written under Appendix A4 unless otherwise indicated in this
Section.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is amended to read:
A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight
authority on the project, as defined in 16.14.090 of this code, who have been trained in
areas related to environmentally friendly development, can teach green concepts to
been provided to all parties associated with the development of the project. Prior to the
beginning the construction activities, all the builder shall receive a written guideline and
instruction specifying the green goals of the project.
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Note: Lack of adequate supervision and dissemination of the project goals can
result in negative effects on green building projects. If the theme of green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information provided to the
various entities involved with the construction of the project.
16.14.130 Section A4.105.1 and A4.105.2 Deconstruction and Reuse of Existing Materials.
Sections A4.105.1 and A4.105.2 are adopted as Tier 1 and Tier 2 elective measures and are
amended to read:
A4.105.1 General. Existing buildings on the site are deconstructed and the salvaged
materials are reused. Reused materials or products must comply with the current
building standards requirements or be an accepted alternate method or material.
Salvaged materials may be reused onsite or for a different project. The Chief Building
Official may require documentation confirming that salvageable materials have been
reused.
A4.105.2 Reuse of materials. Nonhazardous materials which can be easily reused
include but are not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title 24
requirements.
16.14.135 Section A4.105.3 Deconstruction Survey.
Section A4.105.3 is added as mandatory to read:
A4.105.3 Deconstruction Survey. All single family residential dwelling units required to
obtain a demolition permit shall complete a deconstruction survey provided by third
party approved by the Chief Building Official. The survey shall include a list of materials
that are reusable in the project, as well as the values of such materials.
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16.14.140 Reserved.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE) requirements stated in Section
4.106.4, as amended.
16.14.160 Section A4.106.9 Bicycle Parking.
Section A4.106.9 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the bicycle parking requirements in the Palo Alto Municipal Code.
16.14.170 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is adopted as a Tier 1 and Tier 2 elective measure for all covered projects and
is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 14 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM1511;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions to the California Energy Code.
2. Emergency lighting.
3. One and twofamily dwellings.
16.14.180 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure. Projects shall comply
with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
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16.14.190 Reserved.
16.14.200 Reserved.
16.14.210 Reserved.
16.14.220 Section A4.304.2.1 Irrigation Metering Device.
Section A4.304.2.1 is adopted as a Tier 1 and Tier 2 prerequisite and is amended to read:
A4.304.2.1 Irrigation Metering Device. Dedicated irrigation meters are to be installed in
all new construction and rehabilitated landscapes when the landscape is greater than
1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1 through A4.305.3 are adopted as Tier 1 and Tier 2 electives and are amended
to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge
from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used
for an irrigation system in compliance with the California Plumbing Code.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is
installed for future use of recycled water at the following locations:
1. Interior piping for the use of recycled water is installed to serve all water closets,
urinals, and floor drains.
2. Exterior piping is installed to transport recycled water from the point of
connection to the structure. Recycled water systems shall be designed and
installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water is used for landscape
irrigation.
Section A4.305.4 is added and adopted as Tier 1 and Tier 2 prerequisite and shall read as
follows:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations
must install recycled water infrastructure for irrigation when the landscape area
exceeds 1,000 square feet.
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Section A4.305.5 is added and adopted a Tier 2 prerequisite and shall read as follows:
A4.305.5 Laundry to Landscape Infrastructure. Newly constructed Residential Buildings
with a landscape area of any size shall install an independent plumbing drainage system
including a trap and vent that shall begin near the interior laundry fixtures and will
terminate at the exterior of the home. This piping system will be capped at all outlets
and will to A
complete irrigation system installation shall meet the requirements of the California
Plumbing Code 1502.1.1, Clothes Washer System.
Exception: Laundry fixtures located below grade.
A4.305.5.1 Identification. Independent laundry to landscape capable system
shall be labeled as "LAUNDRYTOLANDSCAPE CAPABLE" and be readily visible to
the user.
16.14.240 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.250 Section A4.403.2 Reduction in cement use.
Section A4.403 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403 is adopted as a
Tier 1 and Tier 2 elective measure and shall read as:
A4.403.2 Reduction in cement use. As allowed by the enforcing agency, cement used in
foundation mix design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement.
Tier 2: Not less than a 25 percent reduction in cement.
Note: Products commonly used to replace cement in concrete mix designs
include, but are not limited to:
1. Fly ash
2. Slag
3. Silica fume
4. Rice hull ash
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16.14.260 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and
demolition debris generated at the site is diverted to recycle or salvage incompliance
with the following:
Tier 1 and Tier 2. At least a 80percent reduction. Any mixed recyclables that are sent to
mixedwaste recycling facilities shall include a qualified third party verified facility
average diversion rate. Verification of diversion rates shall meet minimum certification
eligibility guidelines, acceptable to the local enforcing agency.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with all construction and demolition
waste reduction requirements.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.504.3 is adopted
as a Tier 1 and Tier 2 elective measure.
16.14.280 NonResidential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface Green Building Requirements for Project Type and Scope. For design and
construction of nonresidential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on Calgreen
mandatory, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives. All
elective measures are adopted as written under Appendix A5 unless otherwise indicated
in this Section.
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16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 Local ordinance is amended to read:
5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with
additional storm water pollution prevention measures as applicable. (See Chapter 16.11,
Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 Light pollution reduction is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 14 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM1511;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptins in Section 140.7 of the California
Energy Code.
2. Emergency lighting.
3. Building façade meeting the requirements in Table 140.7B of the
California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as
permitted by Section 101.8 Alternate materials, designs, and methods
of construction.
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16.14.300 Section 5.303.5 Dual Plumbing.
Section 5.303.5 Dual plumbing is added as mandatory and is amended to read:
5.303.5 Dual plumbing. New buildings and facilities shall be dual plumbed for potable
and recycled water systems for toilet flushing when recycled water is available. All
building projects for which CPAU recycled water service is available must install dual
Plumbing and use recycled water for toilet and urinal flushing when the building area is
greater than 10,000 square feet or where installation of 25 or more toilets and urinals is
proposed. All projects for which CPAU recycled water service is not yet available must
install dual plumbing for use of recycled water for toilet and urinal flushing when the
building area exceeds 100,000 square feet or where installation of 100 or more toilets
and urinals is proposed.
16.14.310 Reserved.
16.14.320 Reserved.
16.14.330 Reserved.
16.14.340 Reserved.
16.14.350 Section 5.304.5 Potable water elimination.
Section 5.304.5 Potable water elimination is adopted as mandatory and amended to read:
5.304.5 Potable water elimination. Recycled water infrastructure for irrigation systems
is required for all projects for which CPAU recycled water service is available. All projects
for which CPAU recycled water service is not yet available must install recycled water
infrastructure for irrigation when the landscape area exceeds 1,000 square feet.
Dedicated irrigation meters are to be installed in all new construction and rehabilitated
landscapes when the landscape is greater than 1,000 square feet.
16.14.360 Section 5.304.6 Invasive species prohibited.
Section 5.304.6 is added as mandatory to read:
5.304.6 Invasive species prohibited. All nonresidential new construction, additions, and
alterations shall not install invasive species in a landscape area of any size.
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16.14.365 Section 5.305.1 Nonresidential enhanced water budget.
Section 5.305.1 Nonresidential enhanced water budget is added as mandatory to read:
5.305.1 Nonresidential enhanced water budget. Nonresidential buildings anticipated
to use more than 1,000 gallons of water a day shall complete an Enhanced Water
Budget Calculator as established by the Chief Building Official.
16.14.370 Section A5.408 Construction Waste, Reduction, Disposal and Recycling.
Section A5.408.3.1.1 Enhanced Construction Waste Reduction is adopted at Tier 2 (80%
construction waste reduction) as a mandatory requirement for all nonresidential construction,
including new construction, additions, and alterations, as long as the construction has a
valuation exceeding $25,000. Nonresidential projects with a lower valuation shall remain
subject to California Green Building Code Chapter 5 mandatory requirements.
16.14.380 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 Energy STAR portfolio manager is added as mandatory to read:
5.410.4.6 Energy STAR portfolio manager. All nonresidential projects exceeding
$100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project
profile prior to Permit Issuance, acquire an Energy STAR Portfolio Manager Rating, and
submit the rating to the City of Palo Alto once the project has been occupied after 12
months.
16.14.390 Section 5.410.4.7 Performance reviews energy.
Section 5.410.4.7 Performance reviews energy is added to read:
5.410.4.7 Performance reviews energy. All projects over 10,000 square feet. The City
reserves the right to conduct a performance review, no more frequently than once
every five years unless a project fails review, to evaluate the building's energy use to
ensure that resources used at the building and/or site do not exceed the maximum
allowance set forth in the rehabilitation or new construction design. Energy use reviews
may be initiated by the Building Division or as a coordinated effort between the City's
Utilities Department and/or its designated contractors. Following the findings and
recommendations of the review, the City may require adjustments to the energy usage
or energyusing equipment or systems if the building is no longer compliant with the
original design. Renovation or rehabilitation resulting from such audit activity shall be
considered a project, and shall be subject to applicable documentation submittal
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requirements of the City. This section is effective only for those projects for which a
building permit was issued after January 1, 2009.
16.14.400 Section 5.410.4.8 Performance reviews water.
Section 5.410.4.8 Performance reviews water is added to read:
5.410.4.8 Performance reviews water. All sites greater than one acre: The City
reserves the right to conduct performance reviews, no more frequently than once every
five years unless a project fails review, to evaluate water use to ensure that resources
used at the building and/or site do not exceed a maximum allowance set forth in the
rehabilitation or new construction design. Water use reviews may be initiated by the
Building Division, or as a coordinated effort between the City's Utilities Department and
the Santa Clara Valley Water District (SCVWD), or as part of SCVWD's established water
conservation programs. Following the findings and recommendations of the review, the
City may require adjustments to irrigation usage, irrigation hardware, and/or landscape
materials to reduce consumption and improve efficiency. Renovation or rehabilitation
resulting from such audit activity shall be considered a project, and shall be subject to
applicable documentation submittal requirements of the City.
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is added as mandatory and
amended to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed
single family and multifamily residential structures, including residential structures
constructed as part of a mixed use development, shall comply with the following
requirements for electric vehicle supply equipment (EVSE). All parking space calculations
under this section shall be rounded up to the next full space. The requirements stated
in this section are in addition to those contained in Section 4.106.4 of the California
Green Building Standards Code. In the event of a conflict between this section and
Section 4.106.4 of the California Green Building Standards Code, the more robust EV
Charging requirements shall prevail.
A4.106.8.1 Definitions. For the purposes of this section, the following
definitions shall apply:
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(a)
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b)
accommodate a dedicated branch circuit and service capacity to install a
208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring with
capacity to accommodate a 100 ampere circuit; terminating in (3) a listed
cabinet, box, enclosure, or NEMA receptacle. The raceway shall be installed
so that minimal removal of materials is necessary to complete the final
installation.
(c) EVSE
capable to accommodate a dedicated branch circuit and service capacity to
install a 208/240V, 50 amperes grounded AC outlet; (2) a twopole circuit
breaker; (3) raceway with capacity to accommodate 100ampere circuit; (4)
50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a
covered outlet box.
(d)
A4.106.8.2 Single Family Residences. The following standards apply to newly
constructed detached and attached single family residences.
(a) In general. The property owner shall provide Conduit Only, EVSEReady
Outlet, or EVSE Installed for each residence.
(b) Location. The proposed location of a charging station may be internal or
external to the dwelling, and shall be in close proximity to an onsite parking
space consistent with City guidelines, rules, and regulations.
A4.106.8.3 MultiFamily Residential Structures. The following standards apply
to newly constructed residences in a multifamily residential structure, except as
provided in section A4.106.8.4.
(a) Resident parking. The property owner shall provide at least one EVSEReady
Outlet or EVSE Installed for each residential unit in the structure.
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(b) Guest parking. The property owner shall provide Conduit Only, EVSEReady
Outlet, or EVSE Installed, for at least 25% of guest parking spaces, among
which at least 5% (and no fewer than one) shall be EVSE Installed.
(c) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(d) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSEReady Outlet or
EVSE Installed is required.
(e) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. In addition, if parking is deedrestricted to individual residential units,
the EVSE or receptacles required by subsection (a) shall be located such that
each unit has access to its own EVSE or receptacle. Location of EVSE or
receptacles shall be consistent with all City guidelines, rules, and
regulations.
A4.106.8.4 Exception MultiFamily Residential Structures with Individual,
Attached Parking. The property owner shall provide Conduit Only, EVSEReady
Outlet, or EVSE Installed for each newly constructed residence in a multifamily
residential structure featuring: (1) a parking space attached to the residence; and
(2) a shared electrical panel between the residence and parking space (e.g., a
multifamily structure with tuckunder garages).
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for NonResidential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is added as mandatory and
amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for NonResidential Structures. New non
residential structures shall comply with the following requirements for electric vehicle
supply equipment (EVSE). All parking space calculations under this section shall be
rounded up to the next full space. The requirements stated in this section are in
addition to those contained in Section 5.106.5.3 of the California Green Building
Standards Code. In the event of a conflict between this section and Section 5.106.5.3,
the more robust EV Charging requirements shall prevail.
A5.106.5.3.1 Definitions. For the purposes of this section, the following
definitions shall apply:
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(a)
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b)
accommodate a dedicated branch circuit and service capacity to install at
least a 208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring
with capacity to accommodate a 100 ampere circuit; terminating in (3) a
listed cabinet, box, enclosure, or NEMA receptacle. The raceway shall be
installed so that minimal removal of materials is necessary to complete the
final installation.
(c) EVSE
capable to accommodate a dedicated branch circuit and service capacity to
install at least a 208/240V, 50 amperes grounded AC outlet; (2) a twopole
circuit breaker; (3) raceway with capacity to accommodate a 100ampere
circuit; (4) 50 ampere wiring; terminating in (5) a 50 ampere NEMA
receptacle in a covered outlet box.
(d)
A5.106.5.3.2 NonResidential Structures Other than Hotels. The following
standards apply to newly constructed nonresidential structures other than
hotels.
(a) In general. The property owner shall provide Conduit Only, EVSEReady
Outlet, or EVSE Installed for at least 25% of parking spaces, among which at
least 5% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSEReady Outlet or
EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
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A5.106.5.3.3 Hotels. The following standards apply newly constructed hotels.
(a) In general. The property owner shall provide Conduit Only, EVSEReady
Outlet, or EVSE Installed for at least 30% of parking spaces, among which at
least 10% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2016 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official, to support a
Level 2 EVSE in every location where Circuit Only, EVSEReady Outlet or
EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
SECTION 2. The Council adopts the findings for local amendments to the California
Green Building Standards Code, 2016
herein by reference.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
/ /
/ /
/ /
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SECTION 5. This ordinance shall be effective on the thirtyfirst day after the date
of its adoption.
INTRODUCED: October 4, 2016
PASSED: October 24, 2016
AYES: BERMAN, BURT, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID
NOES:
ABSENT: DUBOIS, WOLBACH
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Development Services
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA GREEN BUILDING STANDARD CODE, 2016 EDITION
Section 17958 of the California Health and Safety Code provides that the City may make changes
to the provisions in the uniform codes that are published in the California Building Standards Code. Sections
17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions in the uniform codes and published in the California Building Standards Code which regulate
buildings used for human habitation, the City Council must make findings supporting its determination that
each such local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted
by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and
17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by
the City Council prior to November 23, 1970, and have been carried through from year to year without
significant change, need no required findings. Also, amendments to provisions not regulating buildings used
for human habitation, including amendments made only for administrative consistency, do not require
findings.
Code: Cal Green
Section Title Add Deleted Amended Justification (See
below for keys)
301 Voluntary tiers added C & E
303.1.2 Cumulative Construction C & E
4.105 Deconstruction Survey C & E
4.304 Outdoor Water Use C
5.105.1 Salvage E
5.106.1.1 Local ordinance C
5.106.8 Light pollution reduction E
5.303.5 Dual Plumbing C
5.304.5 Potable Water Elimination C
5.304.6 Invasive Species E
5.305.1 Nonresidential enhanced water
budget
C
5.410.4.6 Energy STAR portfolio manager C & E
5.410.4.7 Performance reviews energy C & E
5.410.4.8 Performance reviews water C & E
702.2 Special Inspection E
Appendix A4 Residential Voluntary Measures C & E
Appendix A5 NonResidential Voluntary Measures C & E
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Key to Justification for Amendments to Title 24 of the California Code of
Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during
the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry
weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the hills within the City create
hazardous conditions for which departure from California Building Standards Code is required.
Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level,
including in San Francisco Bay, that could put at risk Palo Alto homes and
businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped
Flood Hazard areas of the City. Energy efficiency is a key component in reducing GHG emissions, and
construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that
contribute to climate change. The burning of fossil fuels used in the generation of electric power and heating
of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco
Bay, that could put at risk Palo Alto homes and businesses 1 public facilities, and Highway 101. Due to
decrease in annual rain fall, Palo Alto experiences the effect of drought and water saving more than some
other communities in California.
E Green building enhances the public health and welfare by promoting the environmental and economic health
of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites
by incorporating green practices into all development. The green provisions in this Chapter are designed to
achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase water and resource conservation;
(c) Reduce waste generated by construction and demolition projects;
(d) Provide durable buildings that are efficient and economical to own and operate;
( e) Promote the health and productivity of residents, workers, and visitors to the city;
(f) Recognize and conserve the energy embodied in existing buildings;
(g) Encourage alternative transportation; and
(h) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of Palo Alto is subject to
earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula,
then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San
Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along
the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time. Thus, because the City is
within a seismic area which includes these earthquake faults, the modifications and changes cited herein are
designed to better limit property damage as a result of seismic activity and to establish criteria for repair of
damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which makes timely
response by fire suppression vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a
natural receptor for storm and waste water runoff. Also the City of Palo Alto is located in an area that is
potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff
to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the
City create hazardous conditions for which departure from California Building Standards Code is warranted.
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