[Ord. No. 06-016; Ord. No. 2013-01]
To promote economic and environmental health in the City, it
is essential that the City itself, through the design, construction,
operation and deconstruction of its own facilities and facilities
it funds, provide leadership to both the private and public sectors
by incorporating green building and bay-friendly landscaping practices.
The most immediate and meaningful way to do this is to require the
integration of green building and bay-friendly landscaping strategies
in City and public-private partnerships buildings and landscapes.
[Ord. No. 06-016; Ord. No. 2013-01]
As used in this section:
COMPLIANCE OFFICIAL
The Community Development Director shall be authorized and
responsible for implementing this section as the Green Building and
Bay-Friendly Landscaping Compliance Official.
[Ord. No. 06-016; Ord. No. 2013-01]
The City Council shall establish by resolution, and periodically
review and update as necessary, Green Building and Bay-Friendly Landscaping
Standards of Compliance. The standards of compliance shall include,
but not be limited to, the following elements:
A. Types of projects subject to regulation
B. Guidelines or Checklists to Be Applied to Various Types of Projects:
1.
Residential Projects. Residential remodel projects subject to
design review including additions to single-family homes, accessory
structures greater than one hundred twenty (120) square feet, new
single-family construction, and multi-family construction shall comply
with the following:
a.
Residential additions and accessory structures applications
shall be required to complete the Build it Green Green Point Rating
System for Remodeling Projects.
b.
New single-family homes shall be required to complete the Single-Family
Build it Green Green Point Rating System Checklist or LEED Checklist.
c.
Multi-family construction shall be required to complete the
Multi-Family Build it Green Green Point Rating System Checklist or
LEED Checklist.
2.
Commercial Projects. Commercial projects subject to design review
including renovations to existing commercial buildings, new commercial
construction shall be required to complete a LEED Checklist as part
of the project.
3.
City Sponsored Projects. City-owned facilities subject to design
review including renovation or new construction shall be required
to complete a LEED Checklist as part of the project.
C. Minimum Threshold of Compliance for Various Types of Projects:
1.
Thresholds for compliance shall be established by City Council
resolution.
D. Timing and Method of Verification of Compliance with Regulations:
1.
Compliance verification shall be established by City Council
resolution.
E. Definitions of Terms Used in The Standards of Compliance
The standards of compliance shall be based on the recommendation
of the Planning and Zoning Commission.
|
[Ord. No. 06-016; Ord. No. 2013-01]
A. Implementation of this section shall commence July 1, 2007. The Community
Development Director shall promulgate any rules and regulations necessary
or appropriate to achieve compliance with the requirements of this
section. The initial rules and regulations shall be promulgated after
securing and reviewing comments from affected City agencies and departments.
B. The rules and regulations promulgated by the Community Development
Department under this section shall provide for at least the following:
1.
The incorporation of the green building and bay-friendly landscaping
requirements of this section into the appropriate design, construction,
maintenance and development agreement documents prepared for the applicable
projects.
2.
The Compliance Official(s) shall have the responsibility to
administer and monitor compliance with the green building and bay-friendly
landscaping requirements set forth in this section and with any rules
and regulations promulgated thereunder, and to grant waivers or exemptions
from the requirements of this section.
[Ord. No. 06-016; Ord. No. 2013-01]
A. Exemption. If an applicant for a covered project believes that circumstances
exist that make it a hardship or infeasible to meet the requirements
of this section, they may apply for an exemption as set forth below.
In applying for an exemption, the burden is on the applicant to show
hardship or infeasibility.
B. 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
number of credits he or she believes make it a hardship or infeasible
to comply fully with this section. Such circumstances may include,
but are not limited to, availability of markets for materials to be
recycled, availability of green building materials and technologies,
and compatibility of green building requirements with other government
requirements and building standards.
C. Meeting with Compliance Official. The Compliance Official shall review
the information supplied by the applicant, may request additional
information from the applicant, and may meet with the applicant to
discuss the request.
D. Granting of Exemption. If the Compliance Official determines that
it is a hardship or infeasible for the applicant to meet fully the
requirements of this section based on the information provided, the
Compliance Official shall determine the maximum feasible number of
credits reasonably achievable for the project. If an exemption is
granted, the applicant shall be required to comply with this section
in all other respects and shall be required to achieve, in accordance
with this section, the number of credits determined to be achievable
by the Compliance Official.
E. Denial of Exemption. If the Compliance Official determines that it
is possible for the applicant to fully meet the requirements of this
section, they shall so notify the applicant in writing.
[Ord. No. 06-016; Ord. No. 2013-01]
A. Any aggrieved applicant or person may appeal the determination of the Compliance Official regarding: (i) the granting or denial of an exemption pursuant to Section
20.68.060; or (ii) compliance with the section pursuant to subsection
20.68.050.
B. Any appeal must be filed in writing with the Community Development
Department within fourteen (14) days of the determination by the Compliance
Official. The appeal shall state the alleged error or reason for the
appeal. In reviewing the appeal, the City Council may request additional
written or oral information from the applicant or Compliance Official.
The Planning and Zoning Commission shall hold a public hearing regarding
the appeal within forty (40) days of the date when the appeal was
filed.
[Ord. No. 06-016; Ord. No. 2013-01]
If any subsection, subdivision, paragraph, sentence, clause
or phrase of this section, or any part thereof, is for any reason
held to be unconstitutional, invalid, or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this section or any
part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause, and phrase of this section irrespective of the fact that one
(1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, invalid, or effective. To
this end, the provisions of this section are declared to be severable.