The purpose of this chapter is to implement sustainable development with development and construction practices designed to use natural resources in a manner that does not eliminate, degrade or diminish their usefulness for future generations, to enhance 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 other site development, and to incorporate green building practices into all development projects. The green building provisions referred to in this chapter are designed to achieve the following goals:
(a) 
Increase energy efficiency in buildings;
(b) 
Encourage water and resource conservation;
(c) 
Minimize 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.
(Ord. 2894-09 § 6)
This chapter applies to covered projects, defined as means any planning permit application(s) or building permit application(s) for new construction, addition, or remodel of an existing public facility or private building, except that it shall not apply to any project for which a complete building permit application has been submitted prior to January 1, 2010, as determined by chief building official. Projects within the scope of this chapter are:
(a) 
Newly constructed residential buildings;
(b) 
Residential alterations;
(c) 
Newly constructed non-residential buildings that are five thousand gross square feet or more;
(d) 
New large nonresidential interiors;
(e) 
Major alterations of existing nonresidential buildings.
(Ord. 2894-09 § 6)
(a) 
The standards for compliance shall be implemented in three phases as shown in the Green Building Tables, effective January 1, 2010, as adopted by resolution of the city council, and as amended from time to time.
(b) 
The following projects, regardless of scope of work, are exempt from this section:
(1) 
Solar or energy generation/conservation facilities;
(2) 
Heritage buildings;
(3) 
Fire, flood, wind, earthquake, or other natural disaster damage repairs;
(4) 
Disabled access upgrades;
(5) 
Seismic upgrades;
(6) 
Exterior modifications;
(7) 
Swimming pools;
(8) 
Temporary structures;
(9) 
Anything in the opinion of the director of community development that is a hardship or infeasible per Section 19.39.060.
(c) 
In order to qualify for the incentives, as set forth in the Green Building Tables, for industrial and office projects, applicant shall submit a transportation demand management program and analysis for the entire project site that demonstrates that vehicle-trip rates for the project are not greater than the number that would be generated by development of the site at the permitted FAR.
(d) 
It is intended that the green building FAR bonus permitted by this section shall supersede any other FAR allowances provided for in Section 19.32.070 of this code.
(e) 
Public Recognition for Exceptional Green Building Design. Those projects that implement exceptional green building design and construction practices that meet thresholds for incentives as specified in the above standards for compliance section shall be recognized by the city and eligible to receive a plaque that may be displayed on the structure.
(f) 
Wherever the LEED or GreenPoint Rate systems include a minimum energy or other performance requirement, the applicant may choose to meet the minimum performance requirements with an alternative equivalent method approved by the director of community development.
(g) 
Maintenance of Required Features. Any structure subject to this chapter shall maintain the green building features required herein, regardless of subsequent alterations, additions, or changes of use, unless subject to equal or more stringent requirements.
(h) 
The city council shall establish by resolution, and shall periodically review and update as necessary, green build-ing standards for compliance. The standards for compliance shall include, but are not limited to, the following:
(1) 
The types of projects subject to regulation (covered projects);
(2) 
The green building rating system to be applied to the various types of projects;
(3) 
Minimum thresholds of compliance for various types of projects; and
(4) 
Timing and methods of verification of compliance with these regulations.
(Ord. 2894-09 § 6)
(a) 
The director of community development shall promulgate any rules and guidelines necessary or appropriate to achieve compliance with the requirements of this chapter and as more fully outlined in the administrative procedures promulgated by the director of community development.
(b) 
The procedures for compliance documentation shall include, but not be limited to, the following:
(1) 
Upon submittal of an application for any discretionary planning entitlement (if required) for any covered project, application materials shall include the appropriate completed checklists, as required by the standards for compliance specified in Section 19.39.040, accompanied by a text description of the proposed green building program and expected measures and milestones for compliance.
(2) 
Upon submittal of an application for a building permit, building plans for any covered project shall include a checklist and green building program 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
(3) 
Prior to final building inspection and occupancy for any covered project, a qualified building professional, if required by the standards for compliance, shall provide evidence of adequate green building compliance or documentation to the director of community development to satisfy the requirements of the standards for compliance for review and approval. This information shall include, but is not limited to:
(A) 
Documentation that verifies incorporation of the design and construction related credits specified in the project approval for the covered project;
(B) 
A letter from the qualified green building professional that certifies that the covered project has been constructed in accordance with the approved green building project checklist;
(C) 
Any additional documentation that would be required by the LEED™ reference guide for LEED certification (if required), or by the GreenPoint Rated manuals for GreenPoint Rated certification (if required); and
(D) 
Any additional information that the applicant believes is relevant to determining that a good faith effort has been made to comply with this chapter.
(Ord. 2894-09 § 6)
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 green building checklist, a stop work order shall be issued if the director of community development determines that continuation of construction activities will jeopardize the project's ability to meet the required compliance threshold. The stop work order shall remain in effect and final certificate of occupancy withheld (moved) until the director of community development determines that the project will be brought into compliance with the approved plans and/or checklist.
(Ord. 2894-09 § 6)
If a project applicant believes that circumstances exist presenting an unreasonable hardship to meet the requirements of this chapter, the applicant may apply for an exemption as set forth in this section. In applying for an exemption, the burden is on the applicant to show significant hardship. Acceptance or denial of an exemption is at the discretion of the director of community development Hardship exemptions will only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not served by compliance or other compelling circumstances.
An unreasonable hardship shall be defined as practical infeasibility, difficulties, or results inconsistent with the general purposes of this chapter or harms designated heritage resources.
(Ord. 2894-09 § 6)
(a) 
Any aggrieved applicant or person may appeal the determination of the director regarding: (1) the granting or denial of an exemption pursuant to the Building Code; or (2) compliance with any other provision of this chapter.
(b) 
Any appeal must be filed in writing with the community development department not later than fifteen days after the date of the determination by the director. The appeal shall state the alleged error or reason for the appeal.
(c) 
The appeal shall be processed and considered at a Building Code board of appeals hearing in accordance with the Building Code. The city council shall serve as the board of appeals.
(d) 
An appeal from the decision of the Building Code board of appeals may be made to the city council, which decision shall be final.
(Ord. 2894-09 § 6; Ord. 3212-23 § 5)