The city finds that high performance building design and construction can have a significant positive effect on energy and resource efficiency and reduce waste and pollution generation. The intent of this chapter is to promote the environmental sustainability of natural resources by efficiently redirecting the use of recyclable materials away from landfills, by encouraging recycled-content materials in construction, and by reducing the energy consumption needs of structures by making use of efficient construction methods.
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For the purposes of this chapter, certain words and phrases used herein are defined as follows:
"Applicant"
means any person, firm, partnership, association, joint venture, corporation, or any entity, combination of entities or consortium who seeks approval of a city permit or other entitlement for use of property.
"Building"
means any structure intended for any use or occupancy with substantial walls and roof.
"Construction"
means the erection of any structure or any portion thereof.
"Covered project"
means any project as defined by Section 15.30.030.
"Design review permit"
means a discretionary permit approving design and materials of any structure, building or site plan in accordance with Napa Municipal Code Chapter 17.62
"Final inspection"
means the final inspection and approval required by the California Building Standards Code when a building is completed and ready for occupancy and use.
"High performance building"
means the design, construction, and operation of buildings that mitigates the environmental, economic, and social impacts of buildings.
"High performance building compliance official"
means the building official or a designee of the Chief Building Official or the City Manager.
"High performance building construction standards"
means the requirements of the California Green Building Standards Code, (Part 11 of Title 24; based on the 2007 Building Standards Code Supplement) as adopted by reference and amended locally under the provisions of Sections 15.04.010 and 15.04.080, respectively.
"High performance building documentation"
means the documentation submitted to the high performance building compliance official as a part of the permit approval and inspection process. The high performance building documentation includes, but is not limited to, a copy of any applicable high performance building project checklist as developed by the high performance building compliance official and any other documentation determined necessary by the high performance building compliance official.
"High performance building project checklist"
means a checklist or scorecard developed by the high performance building compliance official to be submitted as a part of the high performance building documentation to demonstrate the compliance of a covered project with the requirements of this chapter.
"High performance building specialist"
means a person or organization approved by the high performance building compliance official and qualified through certification or accreditation by a green building rating system approved by the high performance building compliance official qualified to perform inspections and provide documentation to insure that covered projects are designed, installed, functionally tested and capable of being operated and maintained in conformity with submitted pre-permitting, building permit and occupancy permit high performance building documentation and/or perform inspections to determine compliance with this chapter.
"Infeasible"
means the existence of obstacles, as set forth in Section 15.30.080 that render the applicant incapable of fulfilling the requirements of meeting this chapter.
"Nonresidential, new"
means the construction or expansion of a retail, office, industrial, warehouse, service, hotel or mixed-use building(s) within city limits, including public projects.
"Public project"
means buildings owned or operated by a governmental or other public agency that are not exempt, because of some intergovernmental immunity, from the city's zoning ordinance and regulatory jurisdiction.
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The provisions of this chapter shall apply to all new residential construction, and to all new nonresidential construction, for which a building permit is required, but shall not apply to alterations, remodels, or additions to or rehabilitation of existing buildings.
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All covered projects shall demonstrate compliance with the high performance building construction standards, in accordance with this chapter. Prior to submittal of a complete application, the applicant shall submit high performance building documentation, to the satisfaction of the high performance building compliance official, demonstrating that the building design satisfies high performance building construction standards, in accordance with the pre-permitting, building permit and final occupancy permitting documentation guidelines set forth in more detail in Sections 15.30.050 through 15.30.070.
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Prior to the submittal of a complete application, as a part of the application of a covered project for a design review permit, the applicant shall submit high performance building documentation prescribed by the high performance building compliance official indicating the measures to be used to satisfy and comply with the requirements of the high performance building construction standards. This pre-permitting documentation shall include:
A. 
Applicable high performance building project checklist as developed by the high performance building compliance official verified and signed by the high performance building compliance official or other recognized high performance building specialist;
B. 
Any other documentation that the high performance building compliance official determines may be necessary to show compliance with this chapter.
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A. 
Building Permit Documentation. As a part of the application for a building permit for a covered project, the applicant shall submit documentation indicating the measures that are being incorporated and implemented in building design and construction to satisfy and comply with the high performance building construction standards. This documentation shall include the following:
1. 
A copy of all approved pre-permitting documentation with the first building permit plan set submittal signed and verified by the high performance building compliance official or other recognized high performance building specialist.
2. 
If an applicant is proposing changes to the approved pre-permitting documentation, a supplemental high performance building project checklist shall be submitted indicating all differences from the approved pre-permitting documentation. Under no circumstances shall the proposed changes cause the covered project to be out of compliance with the high performance building construction standards. The high performance building compliance official shall reject applications and return plans to the applicant if changes to the high performance building project checklist result in the project being unable to meet the required high performance building construction standards. In the event that the applicant proposes changes to pre-permitting documentation that substantively change the appearance of the building or buildings or site design features, the applicant may be required to apply for an amendment to the design review permit, as determined by the Community Development Director.
3. 
Building plans shall have a copy of the approved high performance building project checklist printed directly thereupon. Notwithstanding any other provision of this code, no building permit shall be issued for any covered project unless and until the high performance building compliance official has accepted the pre-permitting documentation, including any subsequent changes to the high performance building project checklist showing compliance with the high performance building construction standards, verified and signed by the high performance building compliance official or other recognized high performance building specialist, along with building construction documents and plans.
B. 
Plan Review and Construction Compliance. The high performance building compliance official or other recognized high performance building specialist shall monitor project construction periodically and report any noncompliance concerns. If the high performance building compliance official determines the project is no longer in compliance with the approved plans or approved pre-permitting documentation, he or she may issue a stop order pursuant to subsection C of this section, or cease the plan review and building permit issuance process.
C. 
Noncompliance. If, as a result of any inspection by the high performance building compliance official or other recognized high performance building specialist, the city determines that the covered project does not comply with the approved plans, a stop order shall be issued if the high performance building compliance official determines that continuation of construction activities will jeopardize the project's ability to meet the required compliance standards. The stop order shall remain in effect until the high performance building compliance official determines that the covered project will be brought into compliance with the approved plans or an amendment to the design review permit has been approved.
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A. 
Final Determination of Compliance. Prior to approval and issuance of a final occupancy permit for any covered project, the applicant shall submit documentation signed and verified by either the high performance building compliance official or other recognized high performance building specialist to the high performance building compliance official, who shall review the documentation submitted by the applicant, along with inspection records and certificates submitted by the high performance building compliance official or the recognized high performance building specialist, showing that the applicant has achieved the required high performance building construction standards. If the high performance building compliance official determines the applicant has met the requirements of this chapter for covered projects, the high performance building compliance official shall make a final determination that the covered project is ready for a final inspection, provided the covered project has received approval of all inspections required by the California Building Standards Code. If the high performance building compliance official determines that the applicant has failed to submit the documentation required by this section, or that the documentation suggests that the applicant has not constructed the project in accordance with the pre-permitting and building permit documentation approved pursuant to Sections 15.30.050 and 15.30.060, then the final occupancy permit may be withheld.
B. 
If the applicant asserts that full compliance with the approved pre-permitting and building documentation is infeasible, the applicant shall apply for an exemption as provided for in Section 15.30.080.
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A. 
Exemption. If an applicant for a covered project asserts that circumstances exist that makes it infeasible 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 infeasibility.
B. 
Application. If an applicant for a covered project asserts such circumstances exist, the applicant may apply for an exemption of one or more items on the high performance building project checklist at the time that he or she submits the pre-permitting documentation required under Section 15.30.050, or, if the circumstances warranting the exemption were unknown and unknowable to the applicant at the time for submission of the pre-permitting or building permit documents, the applicant may apply for an exemption at the time he or she submits building permit or occupancy permit documentation. The applicant shall indicate in the applicable documentation the maximum number of high performance building measures he or she asserts is feasible for the covered project and the circumstances that he or she asserts make it infeasible to fully comply with this chapter. An infeasibility exemption shall be made if any one of the following conditions exists:
1. 
There is a lack of available or affordable high performance building specialist consulting support; or
2. 
There is a lack of commercially available high performance building materials and technologies; or
3. 
There is conflict between the requirements of this chapter and the requirements of state or federal law that preempts the city's authority to enforce this chapter (including, but not limited to, a rejection upon any basis by the California Building Standards Commission of the local modifications to the California Green Building Standards Code set forth in this chapter and Section 15.04.080, as required by California Health and Safety Code Section 17958.7); or
4. 
Compliance with this chapter would impair a vested right to proceed with a building or project application conferred either under common law, a development agreement, a vesting tentative map, or other legal doctrine or statute limiting the city's ability to apply new laws and regulations to building or development proposals.
C. 
Granting of Exemption. All applications for infeasibility exemptions under this section shall be reviewed by the authority that originally approved the discretionary permits and issued approvals for the subject project. Applications for feasibility exemptions of ministerial approval of a building permit by the high performance building official shall be reviewed by the Planning Commission. The Planning Commission or City Council, as appropriate, shall consider the analysis and recommendation of the high performance building compliance official. If the Planning Commission or City Council determines it is infeasible for the applicant to meet the requirements of this chapter based on the information provided and the recommendation of the high performance building compliance official, the high performance building compliance official shall return a copy of the pre-permitting documentation (or building permit or occupancy permit documentation, as appropriate) to the applicant marked "Approved with Exemption." The high performance building compliance official shall provide a copy of the approved documentation marked "Approved with Exemption" to the planning and building divisions. If an exemption is granted, the applicant must still comply with this chapter in all other respects and shall be required to achieve the compliance standards, less the credits or points that would have been achieved for the exempted items.
D. 
Denial of Exemption. If the Planning Commission or City Council determines that it is possible for the applicant to fully meet the requirements of this chapter, the high performance building compliance official shall so notify the applicant in writing. The applicant may resubmit the pre-permitting documentation (or building permit or occupancy permit documentation, as appropriate) in full compliance with Section 15.30.050, 15.30.060 or 15.30.070, as appropriate.
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