CITY COUNCIL: Ordinance Amending Green Building Ordinance to Move Mandatory Date of Compliance

Meeting Date: 3 November 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Green Building Ordinance 2009-8 to move the mandatory date of compliance from January 1, 2010 to August 1, 2010. (First Reading)

Description: The Green Building Ordinance 2009-8, was adopted by the City Council on August 4, 2009, establishing the criteria new construction projects must have in order to receive a building permit. The ordinance specified that these requirements would become mandatory on January 1, 2010. Staff proposes to extend the mandatory date by seven months to August 1, 2010.

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

Staff Recommendation: Adopt the Ordinance (First reading).

Important Considerations: The original purpose of delaying mandatory compliance with the Green Building Ordinance until January 2010 was to give the public a trial period to become familiar with the program and for staff to determine the reasonableness of the standards. Since then, the significant slowdown in construction activity has caused staff to recommend extending the trial period even further.

Decision Record: At its October 14, 2009 meeting, Planning Commission voted to recommend to City Council to extend the trial period of the ordinance until August 1, 2010.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 NOVEMBER 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE TO AMEND GREEN BUILDING ORDINANCE 2009-8 MOVING THE MANDATORY COMPLIANCE DATE FROM JANUARY 1, 2010 TO AUGUST 1, 2010

INTRODUCTION & BACKGROUND
Green Building Ordinance 2009-8 was adopted by the City Council on August 4, 2009. It established criteria for new construction projects to meet in order to receive a building permit. The ordinance states that the requirements will become mandatory on January 1, 2010. The original intent of the trial period was to allow the public to become familiar with the program and for staff to determine the reasonableness of the standards.

Since passage of the ordinance, construction activity and building permit
submittals have significantly decreased. Staff now recommends further extending the trial period until August 1, 2010, giving the public even more time to become familiar with the program and staff more time to evaluate the standards. During the trial period, applicants will still be required to fill out the appropriate Green Building Checklist, but will not be required to obtain a specific number of points in order to receive a building permit.

The Planning Commission recommended extending the trial period to the City
Council on 14 October 2009.

RECOMMENDATION
Adopt the Ordinance (First reading).

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING GREEN BUILDING ORDINANCE 2009-8 TO MOVE THE MANDATORY DATE OF COMPLIANCE FROM JANUARY 1, 2010 TO AUGUST 1, 2010

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

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide property owners in the protection this character; and

WHEREAS, the City adopted green building requirements as section 15.54 of the Carmel Municipal Code; and

WHEREAS, the goal of the ordinance it 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 design traditions; and

WHEREAS, the proposed amendment will extend the trial period of the ordinance from January 1, 2010 to August 1, 2010.

WHEREAS, the ordinance is exempt from the California Environmental Quality Act as it will have no negative impact on the environment.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt the following amendments to CMC Section 15.54:

15.54.050 - Ordinance Phasing
Phase 1: Prior to 1 January August 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 August 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 August 2010, shall comply with the requirements of this ordinance.

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 last.

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

AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:

SIGNED:

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk