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HomeMy WebLinkAboutStaff Report 262-08City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY 5~NAGER 6 DEPARTMENT: PLANNING ANI) CO~’IUNITY ENWIRONS~ENT JUN~ 2, 2008 CMR: 262:08 ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALO ALTO AlX{ENDING TITLE 18 (ZONING) OF THE PALO ALTO M-UNICIPAL CODE TO ADD A NEW CHAPTER 18.44 (GREEN BUILDING REGULATIONS) RECOMMENDATION Staff recommends that the City Council. adopt the attached ordinance .upon second reading, reflecting the revisions made by the Council on May 12, 2008. The revisions are redlined in the ordinance. Revised Tables A and B are attached to allow City Council to view the changes approved with the associated resolution also adopted on May 12: 2008. The changes enumerated below are in order of appearance in the ordinance and include: the seven staff-recommended changes (five ordinance changes and three revisions to the tables) that appeared in the "at places" memorandum, as approved or modified by Council, ¯an additional ordinance amendment approved by Council, and ¯an additional amendment to Table B approved by Council. Addition of the following sentence to the end of the para~aph under Section 18.44.020, Applicability as follows: "However, commercial covered projects with planning applications submitted after December 3.2007 but for which building permits have not vet been issued as of the effective date of this ordinance shall be subiect to compliance with this Chapter." Addition of the following clause (shown here in underlined text) to the "GreenPoint Rated Verification" definition, page 4 of the Ordinance (Section 18.44.030 Definitions, item (k)): "includin~ green points allocation across all of the resource categories. CMR: 262:08 Page 1 of 3 o o Addition of the following sentence after the first sentence in the "Threshold Verification by LEED AP" definition, page 6 of the ordinance (Section 18.44.030 Definitions item (w)): ~The LEED AP shall provide supportin~ information from qualified professionals (e.g. civil engineer, electrical engineer. Title 24 consultant, commissionin~ a~ent, etc.) to certify compliance with each point on the checklist." Addition to the list of residential projects subject to checklist point reduction (Section 18.44.050, Incentives for Compliance, item (b)(3)) "and Category 3 and 4 structures on the local inventorx/and those structures eligible for the National Re~ister of Historic Places." Addition to the wording of "Interim Compliance Effort" (Section 18.44.060 item (b)(8)) to include the resource categories shown in underlined text as follows: "at least 75% of the required minimum total green points and the GPR allocation of minimum points across al! resource categories ... Addition of a footnote (#6) on Table B, and reference in all boxes where footnote #4 is referenced: "Points shall include GPR minimum points across all resource categories." Addition to the governing bodies listed in SECTION 3 of the Ordinance (page 12) "Historic Resources Board" as among the boards to receive a presentation within a },ear of the effective date of the ordinance. o Addition to SECTION 3 of the Ordinance (page 12), second sentence to revise to read: "The report shall include, but is not limited to, documentation of the number and types of projects subject to the ordinance, explanation of whether and how compliance was achieved, identification of any problems arising from implementation, the costs of enforcement, and any recommendations for revisions to the ordinance or accompanying resolution and Standards for Compliance tables." 9.Addition to Table A, footnote #5 and to Table B, footnote #4, the words °°and incentives" after "exemptions". The attached tables show these modifications underlined. 10.Revision of Table B to delete the third row and to revise the fourth row under Single-Family and Two-Family Residential to read: "Additions <1,250 sf and!or renovations >$75,0005’’ to allow use of the existing home remodel Green Point Rated (GPR) checklist instead of the new construction GPR checklist. The table has been modified (there is no annotation on attached table for this change). PREPARED BY: AICP .urre~n.t~Pt.~mn g DEPARTMENT HEAD REVI~EW: .,- . / ;~ "lfii-~rim Director Pianning and Community Environment CMR: 262:08 Page 2 of 3 CITY MANAGER APPROVAL: ./ ~ ,.X~i ///o ,~;~ .....~ I/ STEVE EMSLIE.//KELLY iMORARIU Deputy, City, Managers ATTACHMENTS A.Proposed Ordinance B.Adopted Resolution C.Revised Table A D.Revised Table B CMR: 262:08 Page 3 of 3 NOT YET ADOPTED ORDINANCE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (ZONING) OF THE PALO ALTO MUENICIPAL CODE TO ADD A NEW CHAPTER 18.44 (GREEN BUILDING REGULATIONS) WHEREAS, the City of Palo Alto’s (City) Comprehensive Plan sets forth goals for preseladng and improving the City’s natural and built enviromnent, protecting the health of its residents and visitors, conselwing water and energy, and fostering its economy; and WHEREAS, the City Council of the City of Palo Alto has identified Enviroranental Protection as one of its top four goals, and ~een building is a key component of enviromnental protection; and V\r-I-IEREAS, ~een building design, construction, restoration, operation, and maintenance can have a si~aificant positive effect on energy, water, and resource conservation, waste management and pollution generation, and the health and productivity of a property’s residents, workers, and visitors over the life of a building and/or site; and WHEREAS, the provisions of California Assembly Bill 32 (Global Wa~Tning Solutions Act) require actions on the part of State and local govermnents to significantly reduce geeIflaouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels; and WHEREAS, failure to address and significantly reduce ~eenhouse gas 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); and WHEREAS, ~een building regulations comprise an important component of a whole systems approach to the City’s sustainability pro~am related to building and land development, other components of which include but are not limited to requirements for: disposal of construction and demolition debris, storm water quality and flood protection, tree protection, water conservation, recyclable materials storage, parking lot landscaping, and transportation demand management. Now, the Council of the city of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds as follows: The City’s Climate Protection Plan (CPP), adopted by the City Council on December 3, 2007, identifies geen building as an important approach to reducing gee~5ouse gases generated in the Palo Alto community. The CPP notes that building construction and maintenance accounts for approximately 080521 s.vn6050410 NOT YET ADOPTED 38% of U.S. ~eenhouse gas emissions (U.S. Department of Energy) and approximately 40% of the energy use in the Palo Alto colmnunity. Buildings also account for much of the 14% of emissions that are generated by waste materials; and Green building and landscape design, construction, operations and maintenance tectmiques are increasingly widespread in residential and commercial building construction, and ~een building benefits can be spread throughout the systems and features of a building, such that geen buildings can include: the use of certified sustainable wood products and high-recycled content products; reuse of existing facilities and recycling and salvage; reduced demands on heating and cooling systems; increased energy efficiency; e~hancement of indoor air quality; reduced per capita demand on water resources and infrastructure; and the installation of alternative and renewable energy systems; and At the national and state levels, the U.S. Green Buildh~g Council has taken the lead in promoting and defining commercial ~een building by developing the Leadership in Energy and Environmental Design (LEED) Rating SystemT~; and At the state level, Build It Green has taken the lead in promoting and defining residential ~’een building by developing the GreenP0int Rated Rating Systemr~; and Nothing in this ordinance is intended to duplicate, contradict, or infringe upon provisions of state law, including the California Building Standards Code. The ordinance and the associated checklists provide many opportunities to achieve required points and credits that do not impact areas where state law has established building standards. On April 9, 2008, the Planning and Transportation Commission held a duly noticed public hearing and heard testimony regarding a ~’een buildhag ordinance, and recommended adoption of the geen building ordinance to the City Council. On May 12, 2008, the City Council held a duly noticed public hearing and heard testimony regarding the proposed ~een building ordinance. Because the desig-n, restoration, construction, and maintenance of buildings and structures within the City can have a significant impact on the City’s environment, geenhouse gas emissions, resource usage, energy efficiency, waste management and the health and productivity of residents, workers and visitors over the life of the building, requiring commercial and residential projects to incorporate ~een building measures is necessary and appropriate to achieve the public health and welfare benefits of ~een building. 080521 s~6050410 NOT YET ADOPTED // SECTION 2. A new Chapter 18.44 (Green Building Regulations) (Zoning) of the Palo Alto Municipal Code is hereby added to read as follows: Chapter 18.44 GREEN BUILDING REGULATIONS Sections: of Title 18 18.44.010 18.44.020 18.44.030 18.44.040 18.44.050 18.44.060 18.44.070 18.44.080 Purpose Applicability Definitions Standards for Compliance Incentives for Compliance Administrative Procedures and Promulgation of Implementing Regulations Hardship or Infeasibility Exemption Appeal 18.44.010 Purpose. The purpose of this Chapter is to enhance the public health and welfare by promoting the environmental and economic health of the City through the desi~o-n, construction, maintenance, operation and deconstruction of buildings and other site development by incorporating geen building practices into all development. The ~een building provisions referred to in this Chapter are desig-ned to achieve the following goals: (a)Increase energy efficiency in buildings; (b)Encourage water and resource conservation; (c)Reduce waste generated by construction 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; and (f) Recognize and conserve the energy embodied in existing buildings. 18.44.020 ApplicabiliD, This ordinance applies to all projects defined as "Covered Projects," as defined below, except that it shall not apply to any project for which a planning entitlement application (except for a preliminary architectural review application) or building permit application has been submitted prior to the effective date of this ordinance. However, commercial covered proiects with pla~ming applications submitted after December 3. 2007. but for which building permits 080521 s~6050410 3 NOT YET ADOPTED have not vet been issued as of the effective date of this ordinance, shall be subject to compliance with this Chapter. 18.44.030 Definitions. The following terms shall have the ascribed definition for the purposes of applying the criteria of this chapter. When the definition differs from a definition in Section 18.04 of this code, the provisions of this section shall apply. (a) "Addition" means new construction square footage added to an existing structure. (b)".applicant" means any entity that applies to the city for the applicable pe~Tnits to undertake any covered project within the city, or any subsequent owner of the site. (c) "Compliance official" means the Director of Plamaing and Community Environment or his or her designee. (d)"Compliance threshold" means the minimum number of points or rating level of a geen building rating system that must be attained for a particular Covered Project, as outlined in the Standards for Compliance in Section 18.44.040. (e)"Covered project" means any planning entitlement application(s) or building permit application(s) for commercial (nonresidential) new construction or renovations, or for any multi-family or single-family or two-family residential new construction or renovation subject to the Standards for Compliance outlined in Section 18.44.040. "Good faith effort" means a project that has not met the required compliance threshold, but for extenuating reasons or reasons beyond the control of the applicant, the Compliance Official has found the project meets the good faith effort provisions of Section 18.44.060. (g)"Green building" means a whole systems approach to the desig-n, construction and operation of buildings that substantially mitigates the environmental, economic, mad social impacts of buildings. 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 provide a healthy, productive indoor environment. (h) (i) "Green building project checklist" means a checklist or scorecard developed for the purpose of calculating a ~een building rating. "Green building rating system" means the rating system associated with specific ~een building criteria and used to deterrnine compliance thresholds, as outlined in the Standards of Compliance adopted by City Council resolution. Exanples of rating systems include, but are not limited to, the LEED and GreenPoint Rated systems. 080521 s~6050410 NOT YET ADOPTED (j)"GreenPoint Rated" means a residential geen building rating system developed by the Build It Green organization. (k)"GreenPoint Rated_Verification" means verification of compliance by a certified GreenPoint Rater, resulting in ~’een building certification by Build It Green including meen points allocation across all of the resource cateaories. (1)"LEED®’’ means the "Leadership in Energy and Enviromnental Desi~" geen building rating system developed by the U.S. Green Building Council. (m)"LEED®/USGBC Verification" means verification to meet the standards of the U.S. Green Building Counci! (USGBC) and resulting in LEED certification of the project by the USGBC. (n)"Mixed use" meatas the construction of a building or buildings that include both cmrm~ercial and residential uses. (o)"Multi-family residential" means a building containing three or more attached dwelling units. (p) (q) (r) (s) "New construction, commercial (nonresidential)" means the construction of a new or replacement retail, office, industrial, warehouse, service, or similar building(s), or additions to such building(s). "New construction, residential" means the construction of a new or replacement single-family or ~;o-family dwelling unit or of new or replacement multi-family residential building(s), or additions to such building(s). "Qualified ~een building professional" meaas a person trained through the USGBC as a LEED accredited professional or through Build It Green as a certified geen building professional, or similar qualifications if acceptable to the Compliance Official. For projects requiring "self-verification," the project architect or designer is considered a qualified N’een building professional. "Renovation" means any rehabilitation, repair, remodeling, change, or modification to an existing building, where changes to floor area and the footprint of the building are negligible. The valuation of renovation improvements shall be detem~ined by the Director of Plam~ing and Community Envirolmaent, upon recommendation of the Chief Building Official. The Chief Building Official may exclude from such valuation the cost of (a) seismic up,aries, (b) accessibility up~ades, or (c) photovoltaic panels or other solar energy-or similar devices exterior to the building. Renovation valuation thresholds identified in the Standards for Compliance shall be adjusted almually to reflect changes in the City’s valuation per square foot for new construction in Palo Alto, using valuations in effect as of July 1, 2008, as the base index. 080521 s)~ 6050410 NOT YET ADOPTED (t)"Self verification" means verification by the project architect, designer or a qualified ~een building professional certifying that the project has met the standards and has attained the compliance threshold as indicated for the Covered Project type as set forth in the Standards for Compliance outlined in Section 18.44.040. (u)"Single-family or two-family residential" means a single detached dwelling unit or two units in a single building. (v)"Square footage," for the purposes of calculating corrm3ercial, multi-family residential, and single-family and two-family new construction square footage, means all new and replacement square footage, including basement areas (7 feet or geater in height) and garages, except that unconditioned garage space shall only count as 50% of that square footage. Areas demolished shall not be deducted from the total new construction square footage. (w)"Threshold Verification by LEED AP" means verification by a LEED accredited professional certifying that each LEED checklist point listed was verified to meet the requirements to achieve that point. The LEED AP shall provide supportin~ information from qualified professionals (e.g. civil enNneer, electrical engineer. Title 24 consultant, commissioning agent, etc.) to certifi~ compliance with each point on the checklist. Documentation of construction consistent with building plans calculated to achieve energy compliance is sufficient verification in lieu of post- construction cornmissioMng. 18.44.040 Standards for Compliance. The City Council shall establish by resolution, and shall periodically review and update as necessary, Green Building Standards for Compliance. The Standards for Compliance shall include, but are not limited to, the following: (a)The types of projects subject to regulation (Covered Projects); (b)The ~een building rating system to be applied to the various types of projects; (c)Minimum thresholds of compliance for various types of projects; and (d)Timing and methods of verification of compliance with these regulations. The Standards for Compliance shall be approved after recommendation from the Director of Plamaing and Community Environment, who shall refer the Standards for recon~nendation by the Architectural Review Board, prior to Council action. 18.44.050 Incentives for Compliance. (a)In addition to the required standards for compliance, the City Council may, through ordinance or resolution, enact financial, permit review process, or zoning incentives and/or award or recognition progams to further encourage higher levels of geen building compliance for a project. 6 080521 s)m 6050410 NOT YET ADOPTED (b) 18.44.060 (a) (b) For residential projects, the nun~ber of GreenPoint checklist points required shall be reduced by: (1)5 points for maintaining a minimum of 75% of existing walls, floors, and roof of a smacture; (2)5 points (in addition to (1) above) for maintaining a minimum of 95% of existing walls, floors, and roof of a structure; and/or (3)10 points (in addition to (1) and/or (2) above) when applied to a structure that is desi~ated on the City’s Historic Inventor), as a Category 1 or Category 2 historic structure as defined in Section 16.49.020 of this code or any contributing structure located within a locally designated historic district, and Category 3 and 4 historic structures on the local inventory and those structures eligible for the Nationa! Re~ister of Historic Places. subject to determination by the Historic Resources Board that such additions and/or renovations are consistent with the Secretary of the Interior’s Standards for Rehabilitation. Administrative Procedures and Promulgation of Implementing Regulations. The Director of Planning and Comrnunity Environment shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this Chapter. The rules and regulations shall provide, at a minimum, for the incorporation of ~een building requirements of this Chapter into checklis~---suba2n, ittals with planning entitlement and building permit applications, and supporting design, construction, or development documents to demonstrate compliance with this Chapter. The procedures for compliance documentation shall include, but not be limited to, the following: (1)Preliminary Documentation. Applicants for a Covered Project are encouraged, but not required, to meet with the Compliance Official or his or her desi~onated staff, in advance of submittal of an application, to determine required ~een building thresholds for compliance and to review the proposed geen building progam and details to aclSeve compliance. Discretionary Planning Entitlements. Upon submittal of an application for any discretionary planning entitlement for any Covered Project, including but not limited to Individual Review, Major or Minor Architectural Review, Site and Design, Planned Community, Conditional Use Permit, or Variance requests, application materials shall include the appropriate completed checklists, as required by the Standards for Compliance specified in Section 18.44.040, accompanied by a text description of the proposed ~een building pro~am and expected measures and milestones for compliance. The Compliance Official may allow the use of alternative 080521 s)~6050410 NOT YET ADOPTED (3) (4) checklists for historic buildings or for buildings that retain or re-use substantial portions of the existing structure. Building Plan Check Review. Upon submittal of an application for a building permit, building plans for any Covered Project shall include a checklist and geen building progam description, reflecting any changes proposed since the planning entitlement phase (if a planning entitlement was required). The checklist shall be incorporated onto a separate plan sheet included with the building plans. A qualified geen building professional shall provide evidence of adequate ~een building compliance or documentation to the Compliance Official to satisfy the requirements of the Standards for Compliance outlined in Section 18.44.040, prior to issuance of a building permit. Final Building Inspection, Verification, and Occupancy. Prior to final building inspection and occupancy for any Covered Project, a qualified building professional shall provide evidence of adequate ~een building compliance or documentation to the Compliance Official to satisfy the requirements of the Standards for Compliance outlined in Section 18.44.040. This information shall include, but is not limited to: ii. nl. Documentation that verifies incorporation of the design and construction related credits specified in the project approval for the Covered Project; A letter from the qualified geen building professional that certifies that the Covered Project has been constructed in accordance with the approved geen building project checklist; Any additional documentation that would be required by the LEED reference guide for LEED certification (if required), or by the Green_Point Rated manuals for GreenPoint Rated certification (if required); and Any additional information that the applicant believes is relevant to determining that a good faith effort has been made to comply with this chapter. Final Determination of Compliance and Good Faith Effort to Comply. Prior to the scheduling of a final building inspection for a Covered Project, the Compliance Official shall review the documentation submitted by the applicant, and determine whether the applicant has achieved the required compliance threshold as set forth in the Standards for Compliance outlined in Section 18.44.040 and/or demonstrate that measures are in place to assure compliance not later than one year after approval of final building inspection. If the Compliance Official determines that the applicant has met the requirements of Section 18.44.040 for the project, the final building inspection may proceed, provided the Covered Project has 080521 s?~ 6050410 NOT YET ADOPTED (6) (7) received approval of all other inspections required by the Chief Building Official. If the Compliance Official determines that the required geen building rating has not been achieved, the Compliance Official shall find one of the following: Good Faith Effort to Comply: When an applicant submits a request in writing to the Compliance Official for approval of a good faith effort to comply, the Compliance Official shall determine that the applicant has made a good faith effort to comply with tt~is chapter when finding that either a) the cost for providing geen building documentation or assuring compliance is disproportionate to the overall cost of the project, or b) the ~’een building materials and tectmologies on the ~een building checklist are no longer available or not yet commercially available, or c) at least 80% of the required Neen point credits have been achieved, and measures are in place to assure full compliance not later than one year after approval of the final building inspection. Determination of a good faith effort to comply shall be made separately for each item on the geen building project checklist. Granting of a good faith effort to comply for one item does not preclude the need for the applicant to comply with the other items on the ~een building checklist. ii.Non-Comp!iant Project. If the Compliance Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required within the required time period, then the project shall be determined to be non-compliant, and the final inspection and approval for the project shall be withheld. A final inspection shall not take place until the applicant has implemented equivalent alternate measures approved by the Compliance Official or unless an exemption is ~anted for the project. Post Final Inspection Requirement. Not later than one year after approval of the final building inspection, the applicant or current owner shall submit to the Compliance Official documentation detailing compliance with the operation, efficiency, and conservation related credits from the approved checklist documentation for any Covered Project, if required by the Compliance Official. The applicant may also provide any additional information the applicant believes is relevant to determining its good faith efforts to comply with this chapter. Non-Compliance. If, as a result of any inspection, the City determines that the Covered Project does not or is unlikely to comply with the approved plans or geen building checklist, a stop order shall be issued if the Compliance Official determines that continuation of construction activities will jeopardize the project’s ability to meet the required compliance threshold. The stop order shall remain in effect until the Compliance 9 080521 s?~6050410 NOT YET ADOPTED (c) (d) 18.44.070 (a) (b) Official determines that the project will be brought into compliance with the approved plans and/or checklist. (8)Interim Compliance Effort. For residential projects initiating construction not later than ~’o years after the effective date of this ordinance, a good faith effort shall be deemed to have been made when at least 75% of the required minimum total ~een points and the GPR allocation of minimum points across all resource categories have been achieved prior to final building inspection, and adequate remaining checklist points are outlined to demonstrate that at least 90% of the minimum points mad Green_Point certification will be achieved not later than one year after final inspection. If 75% of the required minimum geen points are not achieved prior to the request for final building inspection, the final inspection shall be withheld unless an exemption is ganted by the Compliance Official. (9)Lack of Inspectors. If the Compliance Official determines that there is a lack of third party or City inspectors available to perform ~een building inspections within a timely manner, the Compliance Official may allmv self-verification of the project and determine that geen building requirements have been met. The Compliance Official shall have the responsibility to administer and monitor compliance with the ~’een building requirements set forth in this chapter and with any rules and regulations promulgated thereunder, and to pant exemptions from the requirements, where so authorized. Compliance with the provisions of this chapter shall be listed as a condition of approval on any Architectural Review or other discretionary permit approval, and on the building plans for building permit approval, for any Covered Project. Hardship or Infeasibili~~ Exemption. Exelnption. If an applicant for a Covered Project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this Chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the Applicant to show hardship or infeasibility. Application. If an applicant for a Covered Project believes such circumstances exist, the applicant may apply for an exemption at the time of application submittal. The applicant shall indicate the maximum tt:treshold of compliance he or she believes is feasible for the covered project and the circumstances that he or she believes create a hardship or make it infeasible to fully comply with this Chapter. Circumstances that constitute hardship or infeasibility include, but are not limited to the following: (1)There is conflict with the compatibility of the ~’een building rating system with other City goals, such as those requiring historic preservation; 080521 sy~6050410 10 NOT YET ADOPTED (c) (d) (e) (f) 18.44.080 (a) (2)There is conflict with the compatibility of the ~een building rating system and the California Building Standards Code; (3)There is conflict with the compatibility of the ~een building rating system and the City’s Zoning Ordinance and!or Architectural Review criteria; (4)The ~een building compliance standards do not include enough ~’een building measures that are compatible with the scope of the covered project; and/or There is a lack of commercially available geen building materials and teclmologies to comply with the g-teen building rating system. Review by Arct~itectural Review Board (ARB) and/or Historic Resources Board (HRB). For any covered project for wt~ch an exemption is requested and Architectural Review is required by the ARB, the ARB shall provide a reconnnendation to the Director regarding whether the exemption shall be ganted or denied, along with its recommendation on the project. For any project for which an exemption is requested based on the historic character of the building or site, the Historic Resources Board (HRB) shall provide a recommendation to the Director regarding whether the exemption sha!l be ~anted or denied and shall determine whether the project is consistent with the Secretary of the h~terior’s Standards for Historic Rehabilitation. Granting of Exemption. If the Director determines that it is a hardship or is infeasible for the applicant to fully meet the requirements of this chapter based on the information provided, the Director shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the Director 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 respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be achievable by the Director. Denial of Exemption. If the Director determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied and the Director shall so notify the applicant in writing. The project and compliance documentation shall be modified to comply with this chapter prior to further review of any pending plamaing or building application. Council Review of Exemption. For any covered project that requires review and action by the City Council, the Council shall act to ~ant or deny the exemption, based on the criteria outlined above, after recommendation by the Director. Appeal. Any ag~-ieved Applicant or person may appeal the detennination of the Director regarding: (1) the ~anting or denial of an exemption pursuant to Section 18.44.070; or (2) compliance with any other provision of this ordinance. 080521 s~6050410 11 NOT YET ADOPTED (c) Any appeal must be filed in writing with the Department of Plaiming and Conmaunity Enviromnent not later than fourteen (14) days after the date of the determination by the Director. The appeal shall state the alleged error or reason for the appeal. The appeal shall be processed and considered by the City Council in accordance with the provisions of Section 18.77.070(e) of the City of Palo Alto Municipal Code. SECTION 3.Not later than one year after the effective date of the ordinance, a report shall be. prepared for presentation to the Architectural Review Board, Historic Resources Board. Plam~ing and Transportation Commission, and City Council regarding the results of implementation of the ordinance. The report shall include, but is not limited to, documentation of the number and types of projects subject to the ordinance, explanation of whether and how compliance was achieved, identification of any problems arising from implementation, the costs of enforcement, and any recommendations for revisions to the ordinance or accompanying resolution and Standards for Compliance tables. SECTION 4.Severability. If any section of this ordinance, or part hereof, is held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such section, or part hereof., shall be deemed severable from the remaining sections of this ordinance and shall in no way affect the validity of the remaining sections hereof. SECTION 5.The Council hereby finds this ordinance is categorically exempt from the requirements of the California Enviro~mental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an action taken by a regulatory agency for the protection of the enviromnent. SECTION 6. date of its adoption. INTRODUCED: This ordinance shall be effective on the thirty-first day after the PASSED: AYE S: NOES: ABSTENTIONS: .~SENT: ATTEST:APPROVED: 12 080521 syn 6050410 NOT YET ADOPTED City Clerk APPROVED AS TO EOtCM: Deputy City Attorney Mayor City Manager Director of Plalming and Conmmnity Enviromnent 080521 s~6050410 NOT YET APPROVED RESOLUTION NO. RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF PALO ALTO ADOPTING GREEN BUILDING STANDARDS FOR COMPLIANCE FOR PRIVATE DEVELOPMENT PROJECTS WHEREAS, on May 12, 2008, the City Council considered regulations for the incorporation of ~’een building tectmiques and materials in private residential and nom’esidential deve!opment projects and introduced Ordinance No. ; and WHEREAS, the Ordinance specifies that ~een building standards for compliance shall be set forth by resolution of the City Council after recommendation fi’om the Director of Pla~ming and Community Environment and the Architectural Review Board. Such standards for compliance shall include the types of projects subject to regulation, ~een building rating systems to be applied to various t.vpes of projects, minimum thresholds for compliance and timing and methods of verification of compliance with geen building regulations; and \~’24EREAS, the Director of Pla~ming and Community Enviromnent and the .~chitectural Review Board does hereby reconvnend that the City Council approve the proposed ~een building standards for compliance for private development projects set forth in Table A and Table B attachments to this resolution. NOW, THEREFORE, the Council of the City of Palo Alto does hereby approve the ~een building standards for compliance for private development projects as set forth in the Table A and Table B attactmaents to this resolution. // // // // // // // // // 080521 ss~ 6050418 NOT YET APPROVED BE IT FURTHER RESOLVED by the Council of the City of Palo Alto that this resolution shall take effect upon the effective date of Ordinance No. __ INTRODUCED ~NZ) PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk ~a~PPROVED AS TO FORM: Deputy City Attorney Mayor City Manager Director of Plamaing and Colmnunity Enviromnent 080521 syn 6050418 Note: Applicants are advised to use this table only in conjunction with the entirety of requirements in Chapter 18.44 (Green Building Regulations) Table A Type of Projects City of Palo Alto Green Building Standards for Compliance for Private Development New consn-uction > 500 sf and < 5,000 sf Nonresidential Construction and Renovation Building Improvements Checklist Required2 Minimum Threshold Verification Nonresidential Construction and Renovation1 LEED Silver (33 LEED/USGBCNew consn-uction > 25,000 sf LEED-NC Checklist points)verification New consn-uction > 5,000 sf and LEED Silver (33 Threshold < 25.000 sf LEED-NC Checklist points)verification by LEED¯AP LEED-NC Checklist Renovation > 5,000 sfand > 50% of building sfand > 5500,0006 valuation LEED Pro-rated points; LEED Certified (26 points) Threshold verification by LEED AP Threshold verification by LEEDLEED-NC Checklist Submit checklist;Other renovation > $100,0006 LEED-CI Checklist include on building Self verificationvaluationplans New consn-uction < 500 sf and renovation < $100,0006 of No requirement valuation Mixed Use or Other Development Commercial and residential criteria as applicable4 1 Cumulative new consn’uction or renovations over any 2-year period following adoption of these requirements shall be considered as a single project, unless exempted by the Planning Director as impractical for compliance._, Compliance with other LEED,~ checklists, including but not limited to LEED-CS (Core & Shell), LEED- CI (Corrmaercial Interiors), or LEED-EB (Existing Buildings) may be substituted for the designated rating system where deemed appropriate by the Planning Director, after recommendation by the Architectural Review Board (if AP,_B review is required). ~ Pro-rated formula = (new cons/auction sff5,000) x 33 points, but not less than 17 points.4 To be determined by the Planning Director; generally the provisions of Table A will apply to the conmaercial portion of the development, and the provisions of Table B will apply to the residential portions of the development.s Exemptions and incentives may be available for historic structures,, pursuant to Section 18.44.070 of the ordinance. The Compliance Official may allow the use of alternative checklists for historic buildings or for buildings that retain or re-use substantial portions of the existing structure.6 To be adjusted annually to reflect changes to the City’s valuation per square foot of new construction. 080528 s3~6050412 Page 1 Note: Applicants are advised to use this table only in conjunction with the entirety of requirements in Chapter 18.44 (Green Building Regulations) Table B Ci~’ of Palo Alto Green Building Standards for Compliance for Private Development Residential Construction and Renovation Type of Project4 Building Improvements Checklist Required Minimum Threshold Verification Multi-Family Residential1 New construction of 3 or more Multifarnily GreenPoint Rated (attached) m~its~-GreenPoint Checklist 70 points< 6 verification Submit checklist;Additions and/or renovations with Multifamily include on buildin~Self verificationpermit valuation > $100.000s GreenPoint Checklist ~ plans Additions and/or renovations with pem~it valuation < $100,000s No requirement Single-Family and Two-Family Residential~ 70 points + 1 point per GreenPoint RatedNew construction of> 2,550 sf Single-Family additional 70 sf (I 50GreenPoint Checklist points maximum)4’ 6 verification New construction of> 1,250 sf and Single-Family 70 points4" 6 GreenPoint Rated < 2,550 sf GreenPoint Checklist verification Additions <1,250 sf and!or Home Remodeling Submit checklist; renovations _>$75,000s Green Building include on building Self verification Checklist plans Additions and/or renovations of <$75,000s permit valuation No requirement Mixed Use or Other Development Commercial and residential criteria as applicable~ ~ Cumulative new construction or renovations over any 2-year period follo~4ng adoption of these requirements shall be considered as a single project, unless exempted by the Planning Director as impractical for compliance. "- For any multi-family residential project with 30 or more new units proposed, a LEED-ND (Neighborhood Development) checklist shall also be completed and submitted with the application, for information only. ~ To be determined by the Planning Director; generally the provisions of Table A will apply to the commercial portion of the development, and the provisions of Table B will apply to the residential portions of the development.4 Exemptions and incentives may be available for historic structures, pursuant to Section 18.44.070. The Compliance Official may allow the use of alternative checklists for historic buildings or for buildings that retain or re-use substantial portions of the existing structure, and may reduce the minimum threshold (points) required as outlined in Section 18.44.050.s To be adjusted annually to reflect changes to the City’s valuation per square foot of new construction. ~ Points shall include GPR minimum points across all resource categories. 080521 s)~ 6050411 Page 1