CITY COUNCIL: Ordinance Establishing Green Building Standards for New Construction

Meeting Date: 4 August 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Carmel Municipal Code Chapter 15,
establishing Green Building Standards for new construction in the City (Second Reading).

Description: The Green Building Ordinance would establish criteria that must be achieved in order for new construction projects to receive a building permit. The goal of the ordinance is to sustainably guide development, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design consistent with the City's design traditions.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance upon second reading.

Important Considerations: A Green Building Committee, appointed in December 2008,
developed recommendations for a green building program for the City. The Committee
was comprised of local architects, builders, a Councilmember, and a member of staff.
Decision Record: The Planning Commission recommended adoption of a green building
ordinance on 20 May 2009. City Council reviewed a draft ordinance on 2 June 2009 and approved the first reading of the final ordinance on 7 July 2009.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE CHAPTER 15, ESTABLISHING GREEN BUILDING STANDARDS FOR NEW CONSTRUCTION IN THE CITY (SECOND READING)

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its character and environmental setting; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, the City has developed a Green Building Program to guide development in a sustainable manner, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design that is consistent with the City's diverse design traditions; and

WHEREAS, the Planning Commission recommended adoption of this ordinance to the City Council on 20 May 2009; and

WHEREAS, the ordinance is categorically exempt from the requirements of the California Environmental Quality Act as it will have not significant impact on the
environment.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Amend Carmel Municipal Code Chapter 15, adopting Green Building Standards for new construction (see attachment).

SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of August 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_________________________________
Heidi Burch, City Clerk

CMC 15.54 DRAFT GREEN BUILDING ORDINANCE
15.54.010 - Purpose
The purpose of the City of Carmel-by-the-Sea's green building ordinance is to guide
development in a sustainable manner, promote energy efficiency, improve air quality,
preserve natural resources and encourage architectural design that is consistent with the City's diverse design traditions.

15.54.020 - Applicability
The requirements of this ordinance shall apply to all applications for building permits that are not specifically exempt in section 15.54.060.

15.54.030 - Requirements
All building permit applications that are not exempt shall achieve a specific number of points based on the Residential and Non-Residential green building checklists. The
checklists and point requirements shall be established by City Council resolution.
Applicants shall note the proposed points on the appropriate checklist and shall reference each point in the building permit plans. The checklists and point requirements shall be reviewed on an annual basis by the Planning Commission.

15.54.040 - City-Owned Properties
To demonstrate a leadership position, all City building projects greater than 1,000 square feet shall exceed the standard point requirements by 15%.

15.54.050 - Ordinance Phasing
Phase 1: Prior to 1 January 2010, this ordinance shall not be mandatory. Unless exempt, all applicants shall submit the appropriate checklist properly filled out, but are not required to achieve a specific point total in order to obtain building permit approval.

Phase 2: Beginning on 1 January 2010, all building permit applications that are not
exempt, or that are not associated with planning permit applications that have been
approved or determined to be “complete” by the Planning Department prior to 1 January
2010, shall comply with the requirements of this ordinance.

15.54.060 - Exemptions
The following building permit applications are exempt from this ordinance:
1. Re-roofing permits.

2. Plumbing, electrical and mechanical permits when not associated with remodels
or additions.

3. Seismic retrofits.

4. Building foundation repairs and/or maintenance.

5. Repairs and/or reconstruction due to damage caused by fire, explosion, acts of
God, or acts of the public enemy.

6. Window replacements.
7. Non-habitable accessory structures of 200 square feet or less.

8. Retaining walls and/or other site improvements not associated with building
construction and/or remodeling.

9. Volunteer handicap accessibility upgrades including elevator installation.

10. Additions and alterations to historic structures.

15.54.070 - Exceptions
If, due to unusual circumstances, an applicant determines that compliance with this
ordinance creates an unreasonable hardship, the applicant may apply for an exception
with the Planning Commission. The burden of proof shall be on the applicant to
demonstrate that the requirements of this ordinance create an unreasonable hardship.

15.54.080 - Incentives
Incentives for exceeding the minimum standards of this ordinance shall be established by City Council resolution.