HomeMy WebLinkAboutTC Agd Pkt 2008-09-17 (4)
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
Septernber17,2008
Agenda Item: 1ft ).
ST AFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Green Building Program---Consider Adoption of a Green Building
Program, including Introduction and First Reading of an Ordinance
Making Amendments to Municipal Code Chapter 16 Zoning) and
Adoption of a Resolution Establishing Green Building Compliance
Standards, Rating Systems and Incentives (Continued from July 17,2008)
Reviewed By:
~
BACKGROUND
At its meeting of July 16, 2008, the Town Council held a public hearing on this item but took no
action. The Council directed staff to reconsider two elements of the proposed Green building
regulations: 1) the requirement for a green point checklist to be submitted at the design review
permit phase as well as the building permit phase; and 2) the required green point total of 75
points for new residential units. The first item required a return trip to the Planning Commission
for its review and consideration, hence the two-month turnaround time for this item returning to
Town Council.
ANAL YSIS
The two issues identified at the Town Council meeting are discussed below.
1) Dual Green Point Checklist
Councilmembers indicated that a dual requirement for green point checklists would result in
unnecessary additional cost to applicants and that the checklist submitted at the design review
phase would be of limited value in terms of specifics. The Council recommended considering a
single checklist requirement at the building permit phase of review. Staff reviewed the green
programs of other Marin jurisdictions are found a 2-2 split between those agencies that require a
green point checklist at the design review phase and those who do not. Both approaches appear
to work. With a single green point checklist requirement, imposed at the building permit stage, it
will be especially important for applicants to be alerted early in the design review process of the
subsequent requirement for green building. Planning Division staff will take whatever steps
fown CO:oundl
ScptcDlbcrl7.2008
necessary to achieve early notice. This change to the proposed Green Building ordinance had not
previously been considered by the Planning Commission, and as required by law, was referred to
the Commission at its meeting of August 13, 2007. The Commission voted 3-2 to support the
amended text requiring a single green point checklist. Planning Commission minutes from that
meeting are attached as Exhibit 1. A redlined version of the draft ordinance showing the deleted
sections associated with the design review green point checklist is attached as Exhibit 2.
2) Required Green Point Totals
Councilmembers expressed concern about the relatively high number of green points (75) that
would be required for new residential construction. The Planning Commission had recommended
this number in the furtherance of a relatively aggressive green building program. There is a
considerable range of green point requirements among jurisdictions in the Bay Area. These range
from 25 to 140 points for new single family homes (see Exhibit 3), with a typical number being
60 points. Staff believes that typical green point numbers will increase over time as the industry
evolves and further believes that 60 points is a logical starting point at this time. A track-changes
version of the draft resolution showing the green point totals being adjusted downward is attached
as Exhibit 4.
ENVIRONMENTAL DETERMINATION
Staffhas preliminarily determined that the proposed regulations and amendments are exempt
from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section
15308 of the CEQA Guidelines, which exempts changes in land use regulations intended for the
protection of the environment, and/or have no potential to result in adverse impacts on the
environment, and are therefore exempt from the requirements of CEQA pursuant to Section
15061 [b(3)] of the CEQA Guidelines.
FISCAL IMPACT
Costs to the Town to implement the proposed Green Building regulations would include minor
initial staff training costs and possible reimbursement of Green Point Rater costs and the cost of
bronze identification plaques (if desired by the project sponsor) for residential projects that
exceed a 100-point threshold. Other minor costs could include collection of resource materials
and formulation of community outreach and informational programs. The Town Council
approved $5,000 for Green Program costs in the current budget.
STAFF RECOMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the item.
2. Introduce and hold first reading of the Ordinance (Exhibit 5) by moving to read
by title only, passing the motion, and holding a roll call vote following reading of
the title.
3. Continue the item to the meeting of October 1, 2008 for second reading of the
ordinance and consideration of adoption of the Resolution (Exhibit 6).
F.2(0\(:8
EXHIBITS
1. Planning Commission Minutes of August 13,2008
2. Redlined version of draft ordinance showing deleted design review requirements
3. Comparison Chart of Several Bay Area Green Programs in terms of Points Required
4. Track-changes version of draft resolution incorporating lowered green points totals
5. Draft Town Council Ordinance amending Title IV, Chapter 16 (Zoning)
6. Draft Town Council Resolution establishing green building standards, rating checklists and
systems, and incentives
Prepared by: Scott Anderson, Director of Community DeVeIOpm~
S:lAdministration\Town Counci/lStaff Reports\2008\September 17 DRAFTSlgreen building report 9-17.doc
Community Development Director Anderson explained that the Planning Commission
had required the applicant to install a double layered, sound-attenuating fence that would
have a substantial effect on the decibel level.
The Planning Commission discussed amendments to the draft resolution to address issues
related to the submitted drop-off and pick-up policy, requirements for sound-attenuating
fencing and a roadway maintenance agreement. Planning Manager Watrous summarized
the consensus of the Commission that the resolution would be modified in the following
ways:
· Page 2, Section 2 - change to read "Now, therefore, be it resolved that the
Planning Commission of the Town of Tiburon does hereby adopt the negative
declaration and approve the Conditional Use Permit...."
· Page 2, Section lA - add the language including the drop-off and pick-up policy
that has been submitted.
· Condition 3 - add following "playground fencing" "with an evaluation of sound-
attenuating fencing that would have a substantial effect on noise to downhill
neighbors. "
· Add Condition stating that "Shepherd of the Hills Lutheran Church and The Little
School shall enter into a maintenance agreement with the Preserve Homeowners'
Association for long-term maintenance of the Shepherd Wav roadway."
MOTION: It was MIS (Kunzweiler/Frymier) to adopt the resolution, as amended as
described by staff. Vote: 5-0.
DISCUSSION ITEM:
'7 3.
GREEN BUILDING PROGRAM---REFERRAL FROM TOWN COUNCIL
REGARDING POSSIBLE AMENDMENTS TO THE DRAFT GREEN
BUILDING ORDINANCE NOT REVIOUSL Y CONSIDERED BY THE
PLANNING COMMISSION; FILE MCA 2008-02 [SA]
Community Development Director Anderson presented staff report. He stated that on
June 11, 2008, the Planning Commission held a public hearing and recommended that the
Town Council adopt an ordinance establishing green building regulations for new
construction and additions. The Town Council held a public hearing on the draft
ordinance on July 16, 2008 and indicated its intent to possibly modify the ordinance in
one procedural aspect, namely that green building rating checklists prepared by
applicants are to be submitted to the Town only once, at the building permit stage of
review, rather than both at the design review stage and the building permit stage. He said
that since this alternate procedure was not considered by the Commission during its
TIBURON PLANNING COMMISSION MINUTES - AUGUST 13,2008 MINUTES NO. 969
PAGE 12 I
Ei:I-IIBIT NO..-l.-__
public hearing, the item must be referred to the Planning Commission for its report and
recommendation on the possible amendment.
Chair O'Donnell noted the Town Council's idea was to lower the point total to sixty.
Commissioner Corcoran asked if that was on the table at this time and Community
Development Director explained that the Commission's role is to focus on the ordinance
and the checklist is not a part of the ordinance.
Chair O'Donnell asked about Commissioner Frymier's suggestion to initiate an outreach
program to builders. Community Development Director Anderson said that this was
included in the resolution which was forwarded to the Council, and should the Town
adopt a green building program, there will be an outreach event.
Commissioner Corcoran asked staff if the process will be that once approval is received
from the Design Review Board the design and checklist will be submitted to the building
permit office. Community Development Director Anderson agreed and explained that
staffs role in the Planning Division is to make sure that people are aware when they first
pick up their application for design review what design factors to incorporate into their
plan.
Commissioner Corcoran confirmed that the program is not being changed, just the point
at which the official green points checklist is submitted.
Commissioner Fraser said that he finds the recommendation acceptable.
Commissioner Corcoran expressed his support of the adoption of a green building
program. He thought that it might be helpful for people to know more about the program
at the design review level, but he did not believe that the proposed change would have a
significant functional difference.
Vice-Chair Kunzweiler voiced his support of the program.
Commissioner Frymier stated her dissatisfaction with the entire ordinance. She granted
that discarding the entire item was beyond the scope of what the Commission was
allowed to do and she noted she could abstain from voting.
Chair O'Donnell reiterated his fundamental disagreement with the green points checklist
and characterized the point system as arbitrary. He said that some items on the checklist
did not make sense for Tiburon. He stated that to do something meaningful, he would
recommend selecting key elements from the generic checklist and amending the building
codes to encourage a green Tiburon. He said that the green points program was morphing
into a larger system and he did not want a cottage industry of green point raters simply to
certify a green points checklist while expecting homeowners to bear the financial burden.
He said that the Town was wrapping itself in a green blanket rather than doing something
meaningful.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 13, 2008 MINUTES NO. 969
PAGE 13
Commissioner Corcoran asked Chair O'Donnell ifhe has taken into account that the
changes will ultimately save homeowners money in terms of energy consumption. Chair
O'Donnell said that the Planning Commission dealt with energy consumption when it
passed an ordinance to strengthen the provisions under Title 24.
Vice-Chair Kunzweiler stated that while he understands and respects Chair O'Donnell's
point of view, the issue was really for the Town Council to decide. Chair O'Donnell said
he wanted to explain why he voted against the resolution at its first hearing and said he
would do so again this evening.
Vice-Chair Kunzweiler conceded that the issue was a tough one. Chair O'Donnell echoed
his earlier statements stating that if the Town had constructed a set of guidelines that
actually pertained and mattered to the Town of Tiburon rather than cookie-cutter homes
in Tracy, he would be more amenable to the idea.
Vice-Chair Kunzweiler clarified that he would actually be voting against the amendment
when he really disagreed with the ordinance. Chair O'Donnell responded that he had
already voted against the ordinance and now will vote against the amendment to the
ordinance.
MOTION: It was MIS (Fraser/Kunzweiler) to adopt the amendments to the draft Green
Building Ordinance, as submitted. Vote: 3-2 (O'Donnell & Frymier voted no).
MINUTES:
4. PLANNING COMMISSION MINUTES - Regular Meeting of July 9, 2008
Planning Manager Watrous stated that Commissioner Corcoran had already submitted his
comments.
Commissioners requested the following amendments to the minutes:
· Page 4, 4th paragraph, amend the last line to read "impact on global climate
change. "
· Page 6, 5th paragraph, amend the 2nd sentence to read "He asked if there would be
a fee"
· Page 7, last paragraph, delete "advised" and retain "said" in the first sentence
· Page 8, 6th paragraph, correct the typo to "this" in the second sentence
MOTION: It was MIS (Kunzweiler/Fraser) to approve the minutes of July 23, 2008, as
amended. Vote: 4-0. (O'Donnell abstained)
TIBURON PLANNING COMMISSION MINUTES - AUGUST 13, 2008 MINUTES NO. 969
PAGE 14
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 16 (ZONING) OF THE MUNICIPAL CODE TO
ESTABLISH GREEN BUILDING REQUIREMENTS
FOR CERTAIN CONSTRUCTION PROJECTS
SECTION 1. FINDINGS.
WHEREAS, the design, construction and operation of buildings and structures within the
town can have a significant impact on the town's environmental sustainability, resource usage,
energy efficiency, waste management and the health and productivity of residents, workers and
visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of greenhouse gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of the
building. Green buildings can include, among other things, the use of certified sustainable wood
products, extensive use of high-recycled-content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses, and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED@) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated GreenPoints
Checklists, which have been adopted for use in several Bay Area jurisdictions; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of buildings in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and ~
10% of fire particulate emissions; and
EXHIBIT NO.
Town of Tiburon
Ordinance No.
NS.
Effective --/--/2008
Page 1
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change; and
WHEREAS, on July 19, 2007, the Town Council held its annual Council-Staff Retreat
and provided specific direction to Staff to review successfully working programs from other
Marin County jurisdictions and adapt them to the Town's processes. Staffwas directed to bring
forth modifications to the Municipal Code to promote green building and energy efficiency; and
WHEREAS, on June 11,2008, the Town of Tiburon Planning Commission conducted a
public hearing and recommended adoption of the Zoning Ordinance amendments, green building
rating system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council held duly-noticed public hearings on
2008 and , 2008 at which it considered all correspondence and testimony; and
WHEREAS, the amendments to Title IV, Chapter 16 (Zoning) of the Town of Tiburon
Municipal Code are based on the following additional findings:
1. The proposed amendments would be consistent with the policies and programs of
the General Plan, Tiburon 2020, which are pertinent to the Town's zoning
regulations, specifically Policies OSC-61, OSC-62, OSC-63 and Program OSC-p.
2. The public health, safety and general welfare would not be adversely impacted by
the proposed amendments which reduce impacts on respiratory health and
chemical sensitivity of residents and visitors, reduce production of greenhouse
gases, reduce impacts on wildlife and vegetative habitats and reduce generation
and land filling of waste products; and
WHEREAS, the Town Council finds that these amendments are exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, andlor have no potential to result in adverse impacts on the environment, and
are exempt from the requirements ofCEQA pursuant to Section 15061 (b)(3) of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
Town of Tiburon
Ordinance No.
NS.
Effective --/--/2008
Page 2
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. TITLE IV.
CHAPTER 16 (ZONING).
NOW, THEREFORE IT IS ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TIBURON THAT TITLE IV, CHAPTER 16 (ZONING) OF THE MUNICIPAL CODE IS
AMENDED AS FOLLOWS:
A. Section 16-1.5 (Definitions) is hereby amended to add the following definitions:
"Certified green building rater" means a person or organization certified or
designated by a green building rating organization associated with a specific green
building rating system adopted by Town Council resolution for performing inspections
and providing documentation to assure compliance with green building requirements.
"Conditioned space" means an enclosed space in a non-residential building that is
provided with a mechanical heating system that has a capacity exceeding ten (10) Btu/(hr.
x ft.2), or is provided with a mechanical cooling system that has a capacity exceeding five
(5) Btu/(hr. x ft.2).
"Green building rating checklist" means a rating system adopted by Town Council
resolution and used for determining compliance of new construction and substantial
additions with green building requirements.
"Historic building" means any building listed on a national, state, or local register
or listing of historic resources.
"LEED@" means anyone of the U.S. Green Building Council's Leadership in
Energy and Environmental Design green building rating systems or programs.
"LEED@ accredited professional" means a person who is accredited by the U.S.
Green Building Council as having a thorough understanding of green building practices
and principles and familiarity with LEED@ requirements, resources and processes.
"Town-sponsored project" means a building exceeding three thousand (3,000)
square feet in floor area primarily funded and sponsored by the Town and located on
Town-owned land.
B. Section 16 1.2.3 is hereby amended to read as follov;s:
16 4.2.3 ",A...pplieation and information required.
(a) /\pplication f-or approval shall be made pursuant to the pro";isions of
Section 16 3.1. Information and materials necessary to adequately describe the
proposed project, as appropriate to the proposed size, scale, and nature of the
proj ect, and as deemed necessary by the Director or his designee, shall accompany
each application. Lists of information and materials ".yhich are typieally required
for a complete application are available in the Planning DhTision.
(b) For any residential covered project, as set forth in section 16 8.2, tv;o sets
of a completed applicable green building rating checklist and supporting
Town of Tiburon
Ordinance No.
NS.
Effective --/--/2008
Page 3
documentation indicating the measures to be used to achicye the rcquircd number
of green points. The submitted green building rating checklist shall be prepared or
certified as accurate by a certified green building rater.
BG. Section 16-4.2.5 is amended to add the following paragraph:
Each approval for a covered project, as set forth in section 16-8.2, shall include a
condition of approval that the project shall comply with the applicable green
building standard for compliance as set forth by resolution of the Town Council.
Failure to explicitly impose the condition on an approval shall not release a project
from otherwise meeting applicable requirements of section 16-8 et seq. of this
article.
:g. Section 16 1.2.7 (k) is added to read as follov/s:
(Ie) Green building. For residential cOT/ered projects, as set forth in scction 16
8.2, thc project design includes f-eatures that f-oster rene\vable encrgy
and/or resource conservation, and the oT/erall project appears to meet or
cxceed the applicable green building standard for compliance as set forth
by resolution of the TOT.vn Council.
CB. Article VIII (Green Building) is hereby added to read as follows:
Article VIII. Green Building
16-8.1 Purpose.
The purpose of this section is to enhance the public health and welfare and assure
that residential development is consistent with the Town's desire to create a more
sustainable community by incorporating green building measures into the design,
construction and maintenance of buildings and appurtenant development. The green
building practices referenced in this section are designed to achieve the following
objectives:
(a) Encourage resource conservation;
(b) Reduce waste generated by construction projects;
(c) Increase energy and water efficiency; and
(d) Promote the health of residents.
16-8.2 Covered Projects.
Provisions of this article shall apply to:
(a) The construction of new dwelling units, including dwelling units
deemed "new construction" pursuant to section 16-4.2.10 of this chapter.
Town of Tiburon
Ordinance No.
N.s.
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(b) Additions to existing dwelling units that constitute at least five
hundred (500) square feet of conditioned floor area.
(b) The construction of new non-residential buildings or additions to
existing buildings that equal or exceed three thousand (3,000) square feet of
conditioned space.
(c)
Town-sponsored projects.
16-8.3 Standards for Compliance.
All covered projects shall demonstrate compliance with the applicable green
building rating checklist or system and minimum point requirements set forth in
the green building Standards for Compliance, as established by separate resolution
of the Town Council, and amended from time to time.
16-8.4 Documentation.
(a) Residential Projects. Applications for site plan and architectural
rC~lic~;'l and applications for building permit for residential covered projects shall submit
two (2) completed sets of the applicable green building rating checklist and supporting
documentation indicating the measures to be used to achieve the required number of
points to achieve conformance with the Town's Standard for Compliance. The submitted
green building rating checklist shall be prepared or certified as accurate by a certified
green building rater. Building permit drawings shall indicate in the general notes or
individual detail drawings, where appropriate, the green building measures to be used to
attain the required number of points.
(b) Non-residential Projects.
(1) Projects from 3,000 to 19,999 square feet of conditioned space: All applicants
are required to retain the services of a LEED@ Accredited Professional and submit a copy
of the LEED@ checklist and supporting documentation indicating compliance with the
Town's standards for compliance, signed by the project LEED@ Accredited Professional
prior to issuance of a building permit. All building documents shall indicate in the
general notes and/or individual detail drawings, where feasible, the green building
measures employed to attain the applicable LEED@ rating.
(2) Projects exceeding 19,999 square feet of conditioned space: Non-residential
covered projects shall follow the certifying and procedural requirements of the U.S. Green
Building Council for the LEED@ rating system. All applicants are required to retain the
services of a LEED@ Accredited Professional and complete LEED@project registration
prior to issuance of a building permit. Applicants shall submit proof of registration of the
project with the U.S. Green Building Council and submit a copy of the LEED@ checklist
and supporting documentation indicating compliance with the Town's standards for
compliance, signed by the project LEED@ Accredited Professional, prior to issuance of a
building permit. All building documents shall indicate in the general notes and/or
individual detail drawings, where feasible, the green building measures employed to
attain the applicable LEED@ rating. The applicant shall also provide to the Building
Official with online access to the U.S. Green Building Council website in order for the
Town of Tiburon
Ordinance No.
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Building Official to monitor the submission of documents by the applicant to the U.S.
Green Building Council. If the Building Official determines the project is no longer in
compliance with the approved plans or that the applicant is not diligently pursuing
LEED@ certification by the U.S. Green Building Council, the Building Official may issue
a stop work order.
(3) The Town Council may, by resolution, adopt an alternative green building
rating system other than LEED@.
16-8.5
Review of Documentation.
If the Building Official determines that the Green Building documentation fails to indicate
that the project will conform to the Standards for Compliance, the documentation shall be
returned to the applicant as incomplete, with an indication of additional information or
project modifications that may be required for approval. A building permit, including a
grading permit, shall not be issued until the submittal documentation has been approved.
16-8.6
Verification.
(a) Residential projects. A Certified Green Building Rater or Town
building inspector shall verify that the green building measures indicated in the approved
green building documentation have been implemented through inspections during the
construction of the project or through review of purchase receipts or photographic
documentation. At the completion of proj ect construction, the Certified Green Building
Rater or Town building inspector shall verify compliance with the approved green
building documentation and the Standards for Compliance. During the verification
process for the project, flexibility may be exercised by substituting other allowable
compliance measures. Substitution of measures must be approved by the Building
Official by submittal and approval of a revised Green Building Rating Checklist by the
Certified Green Building Rater. An occupancy permit or final inspection approval for the
construction proj ect shall not be granted until the Building Official has determined that all
required green building measures have been implemented.
(b) Non-residential projects.
(1) Projects from 3,000 to 19,999 square feet of conditioned space: A LEED@
Accredited Professional shall verify that the green building measures indicated in the
approved green building documentation have been implemented through inspections
during the construction of the project or through review of purchase receipts or
photographic documentation. At the completion of project construction, the LEED@
Accredited Professional shall verify compliance with the approved green building
documentation and the Standards for Compliance. During the verification process for the
project, flexibility may be exercised by substituting other allowable compliance measures.
Substitution of measures must be approved by the Building Official by submittal and
approval of a revised LEED@ checklist by the LEED@ Accredited Professional. An
occupancy permit or final inspection approval for the construction project shall not be
granted until the Building Official has determined that all required green building
Town of Tiburon
Ordinance No.
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measures have been implemented. Certification through the U.S. Green Building Council
is not required.
(2) Projects exceeding 19,999 square feet of conditioned space: Prior to approval
of a final inspection for any covered non-residential project, the applicant shall
demonstrate substantial completion of the LEED@ documentation for the project as
evidenced by accessing the online information of the project on the U.S. Green Building
Council's website, following which the Building Official shall grant a conditional
occupancy permit if all other requirements have been satisfied. Within one year of
granting such conditional occupancy permit, the applicant (or current owner) shall submit
satisfactory evidence ofLEED@ certification to the Building Official. Failure of the
applicant to submit such evidence shall be a violation of this Code, entitling the Building
Official to revoke the conditional occupancy permit, require the vacancy of the building,
and/or impose a civil penalty of$250 per day against the applicant (or current owner)
until such evidence of certification has been submitted.
16-8.7
Costs of Verification.
The costs for verification of compliance with green building requirements, including the
hiring of a Certified Green Building Rater or a LEED@ Accredited Professional, shall be
borne by the applicant.
16-8.8
Exemptions.
(a) This section shall not apply to:
(1) Secondary dwelling units,
(2) Civic facilities that are located within leased buildings,
(3) Historic buildings, or
(4) Any project that received and maintains a valid site plan and architectural
review approval or a building permit, or which has submitted a complete site plan and
architectural review application or a completed building permit application prior to
[insert effective date of this Ordinance].
(5) Hardship or Infeasibility Exemption. An exemption from the Standards for
Compliance based on hardship or infeasibility may be granted by the Building Official
under special circumstances. Such circumstances may include, but are not limited to:
availability of green building materials and technology, conflict between green building
requirements with other building or zoning standards, or provision of alternate methods
that provide greater resource conservation, energy conservation or resident health than
adopted green building measures. The determination by the Building Official shall be
provided in writing to the applicant. The decision of the Building Official may be
appealed to the Town Council pursuant to Section 16-3.8.
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 7
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any
reason held by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this chapter. The Town Council declares
that it would have passed this chapter and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that anyone or more section, sentences, clauses or
phrases be declared invalid.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on , 2008, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on ,2008, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:\Administration\Town Council\Staff Reports\2008\September 17 DRAFTS\Green Building Ordinance 9-17
revised.doc
Town of Tiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 8
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EXHIBIT No.3
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
EST ABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR IDGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustain ability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED@) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions including the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
EXHIBIT NO.~
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change;
and
WHEREAS, on June 11, 2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on , 2008 and
, 2008 and has adopted a series of green building regulations through
amendments to the Tiburon Municipal Code, which regulations reference and rely upon the
standards of compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, and/or have no potential to result in adverse impacts on the environment, and
are exempt from the requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least ~i.;gY-(QJ21.greenpoints u.~it:lg_the most !eceIltlxpubli~.~~d~diti()nofthe New Hom.e. _
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least ~~t.y
!.@l.green points usil1g the m()strecentlx .publishl?4e4ition ofth~ }jel1J lfOl!1e
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council
--/--/2008
2
Resolution No. xx-2008
C~~:~~~.~.~_.~.:~:~~.=~~:\?~!
'::::J
t..~.~.I.-:.~.~~~...~.~~:~~=~~.:..~.?~! ............... ..................J
c) Single family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
dwelling, shall achieve at least $1~16.l green pointsllsi~1g the~ ITI:o~str~cel1tly pllblished
edition of the New Home Construction Green Building Guidelines and the associated
Single Family GreenPoint Checklist published by Build It Green, with a minimum of two
11l.. points from at least thTe~ {3) T ~~tegories.
d) Two-family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
two- family dwelling, shall achieve at least six (6) '( green p()~ntsusingth~ ~rn~()st rec~ntly
published edition of the New Home Construction Green Building Guidelines and the
associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) TPoints fr()rnat leastthree (3) Tcateg{)ries.
e) New multiple dwellings (3 or more units), and additions to existing multiple dwellings
that constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least six~points usil1g ~th~~~~str~c~ntly~p~ublish~4~e4ition~ {)(the ~Multifa11'lily Q,:~erz
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
f) Multiple family dwelling additions that are greater than five hundred (500) square feet,
but that constitute less than a fifty percent (50%) increase in conditioned space of an
existing two-family dwelling, shall achieve at least six (6) T~gr_eel1poil1ts ~sil1g the most _
recently published edition of the New Home Construction Green Building Guidelines and
the associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum oftwo (2) T points from at least three (3 )~T ~_ateg{)ries.
g) New non-residential construction of 3,000 to 19,999 square feet of conditioned space
shall achieve at least a LEED@ "Silver" rating (33-38 points) using the most recently
published version of the LEED@ for New Construction or other more appropriate
LEED@ rating system as determined by the Building Official based on the proposed
construction type, and
h) New non-residential construction exceeding 19,999 square feet of conditioned space shall
achieve at least a LEED@ "Gold" rating (39-51 points) using the most recently published
version of the LEED@for New Construction or other more appropriate LEED@ rating
system as determined by the Building Official based on the proposed construction type.
i) Town-sponsored projects shall achieve at least a LEED@ "Gold" rating (39-51 points),
using the most recently published version of the LEED@for New Construction or other
more appropriate LEED@ rating system as determined by the Building Official based on
the proposed construction type, unless specifically exempted by resolution of the Town
Council.
Tiburon Town Council
--/--/2008
3
Resolution No. xx-2008
C~~I~~~~..:...e.i.~~~~! :::.::::.:...:..:.:.:.:......]
r......................................................
L Deleted: three (3) J
C[,,;I""'d'-"'"(2)=~~~~~:...==J
{ Deleted: eight (8)
("'Deleted: three (3) ............................................1
L.._........................_............................_ .. .............................................)
( Deleted: two (2)..._...J
L.1?~.I.f:!~.f:!.~.:..~.~.~~~~~~~.e...~.?.?.! .........................1
{ Deleted: eight (8)
__1
cD~I~t~d~-~~~-~- (3)
{ Deleted: two (2)
..............-......-....-..-..........-.)
1
Incentives
Projects that meet the following enhanced green building standards are entitled to administrative
and financial incentives:
a) New single-family dwellings and major additions thereto, and new two-family dwellings
and major additions thereto, which achieve at least one hundred (100) points using the
most recently published edition of the New Home Construction Green Building
Guidelines and the associated Single Family GreenPoint Checklist published by Build It
Green.
b) New multi-family dwelling units or major additions thereto, which achieve at least one
hundred (100) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
c) New non-residential construction that achieves at least a LEED@ "Platinum" rating using
the most recently published version of the LEED@for New Construction of other more
appropriate LEED@ rating system as determined by the Building Official based on the
proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks.
b) Reimbursement for costs of a Certified Green Building Rater associated with verification
of compliance with green building regulations for residential projects up to a maximum
of $1 ,000 per project.
c) Provision of a plaque certifying the building as meeting the Town's "Emerald" Green
Building Standards.
d) Provision of a Town Green Building logo for placement on construction and sales
slgnage.
e) Listing on the Town's website for a period of time, as determined by the Director of
Community Development.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 2008, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
DIANE CRANE IACOPI, TOWN CLERK
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
S:IAdminisfrafionlTown CouncillStafJ Reportsl2008\September 17 DRAFTSIGreen Standards Resolution revised redlined.doc
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
5
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 16 (ZONING) OF THE MUNICIPAL CODE TO
ESTABLISH GREEN BUILDING REQUIREMENTS
FOR CERTAIN CONSTRUCTION PROJECTS
SECTION 1. FINDINGS.
WHEREAS, the design~ construction and operation of buildings and structures within the
town can have a significant impact on the town's environmental sustainability, resource usage,
energy efficiency, waste management and the health and productivity of residents, workers and
visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of greenhouse gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of the
building. Green buildings can include, among other things, the use of certified sustainable wood
products, extensive use of high-recycled-content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses, and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U,S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED@) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated GreenPoints
Checklists, which have been adopted for use in several Bay Area jurisdictions; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of buildings in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page J I'"
EXHIBIT NO. ~
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change~ and
WHEREAS, on July 19,2007, the Town Council held its annual Council-Staff Retreat
and provided specific direction to Staff to review successfully working programs from other
Marin County jurisdictions and adapt them to the Town's processes. Staff was directed to bring
forth modifications to the Municipal Code to promote green building and energy efficiency; and
WHEREAS, on June 11, 2008, the Town of Tiburon Planning Commission conducted a
public hearing and recommended adoption of the Zoning Ordinance amendments, green building
rating system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council held duly-noticed public hearings on
2008 and , 2008 at which it considered all correspondence and testimony; and
WHEREAS, the amendments to Title IV, Chapter 16 (Zoning) of the Town of Tiburon
Municipal Code are based on the following additional findings:
1. The proposed amendments would be consistent with the policies and programs of
the General Plan, Tiburon 2020, which are pertinent to the Town's zoning
regulations, specifically Policies OSC-61, OSC-62, OSC-63 and Program OSC-p.
2. The public health, safety and general welfare would not be adversely impacted by
the proposed amendments which reduce impacts on respiratory health and
chemical sensitivity of residents and visitors, reduce production of greenhouse
gases, reduce impacts on wildlife and vegetative habitats and reduce generation
and land filling of waste products; and
WHEREAS, the Town Council finds that these amendments are exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, andlor have no potential to result in adverse impacts on the environment, and
are exempt from the requirements ofCEQA pursuant to Section 15061 (b)(3) of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 2
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE, TITLE IV.
CHAPTER 16 (ZONING).
NOW, THEREFORE IT IS ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TIBURON THAT TITLE IV~ CHAPTER 16 (ZONING) OF THE MUNICIPAL CODE IS
AMENDED AS FOLLOWS:
A. Section 16-1.5 (Definitions) is hereby amended to add the following definitions:
"Certified green building rater" means a person or organization certified or
designated by a green building rating organization associated with a specific green
building rating system adopted by Town Council resolution for performing inspections
and providing documentation to assure compliance with green building requirements.
"Conditioned space" means an enclosed space in a non-residential building that is
provided with a mechanical heating system that has a capacity exceeding ten (10) Btu/(hr.
X ft.2), or is provided with a mechanical cooling system that has a capacity exceeding five
(5) Btu/(hr. x ft?).
"Green building rating checklist" means a rating system adopted by Town Council
resolution and used for determining compliance of new construction and substantial
additions with green building requirements.
"Historic building" means any building listed on a national, state, or local register
or listing of historic resources.
"LEED@" means anyone of the U.S. Green Building Council's Leadership in
Energy and Environmental Design green building rating systems or programs.
"LEED@ accredited professional" means a person who is accredited by the U.S.
Green Building Council as having a thorough understanding of green building practices
and principles and familiarity with LEED@ requirements, resources and processes.
"Town-sponsored project" means a building exceeding three thousand (3,000)
square feet in floor area primarily funded and sponsored by the Town and located on
Town-owned land.
B. Section 16-4.2.5 is amended to add the following paragraph:
Each approval for a covered project, as set forth in section 16-8.2, shall include a
condition of approval that the project shall comply with the applicable green
building standard for compliance as set forth by resolution of the Town Council.
Failure to explicitly impose the condition on an approval shall not release a project
from otherwise meeting applicable requirements of section 16-8 et seq. of this
article.
C. Article VIII (Green Building) is hereby added to read as follows:
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 3
Article VIII. Green Building
16-8.1 Purpose.
The purpose of this section is to enhance the public health and welfare and assure
that residential development is consistent with the Town's desire to create a more
sustainable community by incorporating green building measures into the design,
construction and maintenance of buildings and appurtenant development. The green
building practices referenced in this section are designed to achieve the following
objectives:
(a) Encourage resource conservation;
(b) Reduce waste generated by construction projects;
(c) Increase energy and water efficiency; and
(d) Promote the health of residents.
16-8.2 Covered Projects.
Provisions of this article shall apply to:
(a) The construction of new dwelling units, including dwelling units
deemed "new construction" pursuant to section 16-4.2.10 of this chapter.
(b) Additions to existing dwelling units that constitute at least five
hundred (500) square feet of conditioned floor area.
(b) The construction of new non-residential buildings or additions to
existing buildings that equal or exceed three thousand (3,000) square feet of
conditioned space.
(c) Town-sponsored projects.
16-8.3 Standards for Compliance.
All covered projects shall demonstrate compliance with the applicable green
building rating checklist or system and minimum point requirements set forth in
the green building Standards for Compliance, as established by separate resolution
of the Town Council, and amended from time to time.
16-8.4 Documentation.
(a) Residential Projects. Applications for building permit for
residential covered projects shall submit two (2) completed sets of the applicable green
building rating checklist and supporting documentation indicating the measures to be used
to achieve the required number of points to achieve conformance with the Town's
Standard for Compliance. The submitted green building rating checklist shall be prepared
or certified as accurate by a certified green building rater. Building permit drawings shall
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 4
indicate in the general notes or individual detail drawings, where appropriate, the green
building measures to be used to attain the required number of points.
(b) Non-residential Projects.
(1) Projects from 3,000 to 19,999 square feet of conditioned space: All applicants
are required to retain the services of a LEED@ Accredited Professional and submit a copy
of the LEED@ checklist and supporting documentation indicating compliance with the
Town's standards for compliance, signed by the project LEED@ Accredited Professional
prior to issuance of a building permit. All building documents shall indicate in the
general notes andlor individual detail drawings, where feasible, the green building
measures employed to attain the applicable LEED@ rating.
(2) Projects exceeding 19,999 square feet of conditioned space: Non-residential
covered projects shall follow the certifying and procedural requirements of the U.S. Green
Building Council for the LEED@ rating system. All applicants are required to retain the
services of a LEED@ Accredited Professional and complete LEED@ project registration
prior to issuance of a building permit. Applicants shall submit proof of registration of the
project with the U.S. Green Building Council and submit a copy of the LEED@ checklist
and supporting documentation indicating compliance with the Town's standards for
compliance, signed by the project LEED@ Accredited Professional, prior to issuance of a
building permit. All building documents shall indicate in the general notes andlor
individual detail drawings, where feasible, the green building measures employed to
attain the applicable LEED@ rating. The applicant shall also provide to the Building
Official with online access to the U.S. Green Building Council web site in order for the
Building Official to monitor the submission of documents by the applicant to the U.S.
Green Building Council. If the Building Official determines the project is no longer in
compliance with the approved plans or that the applicant is not diligently pursuing
LEED@ certification by the U.S. Green Building Council, the Building Official may issue
a stop work order.
(3) The Town Council may, by resolution, adopt an alternative green building
rating system other than LEED@.
16-8.5
Review of Documentation.
If the Building Official determines that the Green Building documentation fails to indicate
that the project will conform to the Standards for Compliance, the documentation shall be
returned to the applicant as incomplete, with an indication of additional information or
project modifications that may be required for approval. A building permit, including a
grading permit, shall not be issued until the submittal documentation has been approved.
16-8.6
Verification.
(a) Residential projects. A Certified Green Building Rater or Town
building inspector shall verify that the green building measures indicated in the approved
green building documentation have been implemented through inspections during the
construction of the project or through review of purchase receipts or photographic
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 5
documentation. At the completion of project construction, the Certified Green Building
Rater or Town building inspector shall verify compliance with the approved green
building documentation and the Standards for Compliance. During the verification
process for the project, flexibility may be exercised by substituting other allowable
compliance measures. Substitution of measures must be approved by the Building
Official by submittal and approval of a revised Green Building Rating Checklist by the
Certified Green Building Rater. An occupancy permit or final inspection approval for the
construction project shall not be granted until the Building Official has determined that all
required green building measures have been implemented.
(b) Non-residential projects.
(1) Projects from 3,000 to 19,999 square feet of conditioned space: A LEED@
Accredited Professional shall verify that the green building measures indicated in the
approved green building documentation have been implemented through inspections
during the construction of the proj ect or through review of purchase receipts or
photographic documentation. At the completion of project construction, the LEED@
Accredited Professional shall verify compliance with the approved green building
documentation and the Standards for Compliance. During the verification process for the
project, flexibility may be exercised by substituting other allowable compliance measures.
Substitution of measures must be approved by the Building Official by submittal and
approval of a revised LEED@ checklist by the LEED@ Accredited Professional. An
occupancy permit or final inspection approval for the construction project shall not be
granted until the Building Official has determined that all required green building
measures have been implemented. Certification through the U.S. Green Building Council
is not required.
(2) Projects exceeding 19,999 square feet of conditioned space: Prior to approval
of a final inspection for any covered non-residential project, the applicant shall
demonstrate substantial completion of the LEED@ documentation for the project as
evidenced by accessing the online information of the project on the U,S. Green Building
Council's website, following which the Building Official shall grant a conditional
occupancy permit if all other requirements have been satisfied. Within one year of
granting such conditional occupancy permit, the applicant (or current owner) shall submit
satisfactory evidence of LEED@ certification to the Building Official. Failure of the
applicant to submit such evidence shall be a violation of this Code, entitling the Building
Official to revoke the conditional occupancy permit, require the vacancy of the building,
and/or impose a civil penalty of $250 per day against the applicant (or current owner)
until such evidence of certification has been submitted.
16-8.7
Costs of Verification.
The costs for verification of compliance with green building requirements, including the
hiring of a Certified Green Building Rater or a LEED@ Accredited Professional, shall be
borne by the applicant.
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 6
16-8.8
Exemptions.
(a) This section shall not apply to:
(1) Secondary dwelling units~
(2) Civic facilities that are located within leased buildings.
(3) Historic buildings. or
(4) Any project that received and maintains a valid site plan and architectural
review approval or a building permit, or which has submitted a complete site plan and
architectural review application or a completed building permit application prior to
[insert effective date of this Ordinance].
(5) Hardship or Infeasibility Exemption, An exemption from the Standards for
Compliance based on hardship or infeasibility may be granted by the Building Official
under special circumstances. Such circumstances may include, but are not limited to:
availability of green building materials and technology, conflict between green building
requirements with other building or zoning standards, or provision of alternate methods
that provide greater resource conservation, energy conservation or resident health than
adopted green building measures. The determination by the Building Official shall be
provided in writing to the applicant. The decision of the Building Official may be
appealed to the Town Council pursuant to Section 16-3.8.
SECTION 3. SEVERABILITY,
If any section, subsection, sentence, clause or phrase of this chapter is for any
reason held by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this chapter. The Town Council declares
that it would have passed this chapter and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that anyone or more section, sentences, clauses or
phrases be declared invalid.
SECTION 4, EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on ,2008, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on ,2008, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 7
ABSENT:
ATTEST:
COUNCILMEMBERS:
DIANE CRANE IACOPI, TOWN CLERK
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
S:\Administration\Town Council\Staff Reports\2008\September 17 DRAFTS\Green Building Ordinance 9-17 final.doc
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 8
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR HIGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustainability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED@) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions including the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
EXHIBIT ~O.'-
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change:
and
WHEREAS, on June 11, 2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on , 2008 and
, 2008 and has adopted a series of green building regulations through
amendments to the Tiburon Municipal Code, which regulations reference and rely upon the
standards of compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, andlor have no potential to result in adverse impacts on the environment, and
are exempt from the requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least sixty
(60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
2
c) Single family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
dwelling, shall achieve at least six (6) green points using the most recently published
edition of the New Home Construction Green Building Guidelines and the associated
Single Family GreenPoint Checklist published by Build It Green, with a minimum of two
(2) points from at least three (3) categories.
d) Two-family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
two- family dwelling, shall achieve at least six (6) green points using the most recently
published edition of the New Home Construction Green Building Guidelines and the
associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
e) New multiple dwellings (3 or more units), and additions to existing multiple dwellings
that constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
f) Multiple family dwelling additions that are greater than five hundred (500) square feet,
but that constitute less than a fifty percent (50%) increase in conditioned space of an
existing two-family dwelling, shall achieve at least six (6) green points using the most
recently published edition of the New Home Construction Green Building Guidelines and
the associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
g) New non-residential construction of 3,000 to 19,999 square feet of conditioned space
shall achieve at least a LEED@ "Silver" rating (33-38 points) using the most recently
published version of the LEEJ)@ for New Construction or other more appropriate
LEED@ rating system as determined by the Building Official based on the proposed
construction type, and
h) New non-residential construction exceeding 19,999 square feet of conditioned space shall
achieve at least a LEED@ "Gold" rating (39-51 points) using the most recently published
version of the LEEJ)@for New Construction or other more appropriate LEED@ rating
system as determined by the Building Official based on the proposed construction type.
i) Town-sponsored projects shall achieve at least a LEED@ "Gold" rating (39-51 points),
using the most recently published version of the LEEJ)@for New Construction or other
more appropriate LEED@ rating system as determined by the Building Official based on
the proposed construction type, unless specifically exempted by resolution of the Town
Council.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
3
Incentives
Projects that meet the following enhanced green building standards are entitled to administrative
and financial incentives:
a) New single-family dwellings and major additions thereto, and new two-family dwellings
and major additions thereto, which achieve at least one hundred (100) points using the
most recently published edition of the New Home Construction Green Building
Guidelines and the associated Single Family GreenPoint Checklist published by Build It
Green.
b) New multi-family dwelling units or major additions thereto, which achieve at least one
hundred (100) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
c) New non-residential construction that achieves at least a LEED@ "Platinum" rating using
the most recently published version of the LEED@ for New Construction of other more
appropriate LEED@ rating system as determined by the Building Official based on the
proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks.
b) Reimbursement for costs of a Certified Green Building Rater associated with verification
of compliance with green building regulations for residential projects up to a maximum
of $1 ,000 per project.
c) Provision of a plaque certifying the building as meeting the Town's "Emerald" Green
Building Standards.
d) Provision of a Town Green Building logo for placement on construction and sales
slgnage.
e) Listing on the Town's website for a period of time, as determined by the Director of
Community Development.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 2008, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: IAdministrationlTown CouncillStajJ Reportsl20081September J 7 DRAFTSIGreen Standards Resolution final. doc
Tiburon Town Council
Resolution No. xx-2008
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