CITY COUNCIL OF THE CITY OF NOVATO

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1555 AN ORDINANCE OF THE NOVATO CITY COUNCIL, AMENDING SECTION 4-17 OF THE NOVATO MUNICIPAL CODE TO PROVIDE GREEN BUILDING STANDARDS FOR NON-RESIDENTIAL CONSTRUCTION PROJECTS WITHIN THE CITY OF NOVATO SECTION 1: The adoption of this ordinance is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (14 Cal. Code Section 15308) because it is an action taken by a regulatory agency for the protection of the environment and no exceptions to this categorical exemption apply. SECTION 2: Section 4-17 of the Novato Municipal Code is hereby amended to read as follows: SECTION 4-17 ADOPTION OF THE 2007 CALIFORNIA GREEN BUILDING STANDARDS CODE AS AMENDED 4-17.1 Purpose. The purpose of this section is to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a positive environmental impact and encouraging sustainable construction practices in the following categories: 1. Planning and design. 2. Energy efficiency. 3. Water efficiency and conservation. 4. Material conservation and resource efficiency. 5. Environmental air quality. The City of Novato in order to achieve these goals adopts the 2007 California Green Building Standards Code with amendments for the City of Novato, prior to the effective date applicable to State-regulated buildings, structures and applications and in compliance with Health and Safety Code Section 17958. 4-17.2 Findings. The City of Novato finds pursuant to Health and Safety Code Section 17958.7 the adoption of the 2007 California Green Building Standards Code with amendments is needed and is reasonably necessary because of local climatic, geographic and topographic conditions and factual findings set forth by the Findings of Fact for Adoption of the 2007 California Green Building Standards Code With Amendments Based on Local Conditions, which is attached as Exhibit A and incorporated into this section as if set forth in full. 4-17.3 Codes Adopted by Reference. The following codes or portions thereof hereafter set forth or hereinafter set out by amendment or revisions are hereby adopted and are made part of this section by reference, without further publication or posting thereof. Three copies of each code listed herein shall be kept on file for use and examination by the public in the office of the city clerk. ORD/578; 9/21/2010 1

4-17.4 Green Building Standards Code. The city hereby adopts by reference the 2007 Edition of the California Green Building Standards Code, which is incorporated by reference into Title 24 of the California Code of Regulations, with those amendments set forth by this section, as the Green Building Standards Code for the City of Novato, which shall be specifically comprised of all of the following: a. Chapter 1 is deleted with the exception of Sections 101.7, 101.10,102.1, 102.2 and 102.3 b. Chapter 2 adopted in entirety c. Chapter 3 adopted in entirety d. Chapter 4 is deleted with the exception of Sections 401.1, 402.1, 406.1 and 406.2 e. Chapter 5 is adopted with the exception of Sections 505, 507, 508,509 and 510 f. Chapter 6 is adopted with the exception of Section 606 g. Chapter 7 is adopted with the exception of Section 703 h. Chapter 8 is adopted with the exception of Section 808 i. Chapter 9 is adopted in entirety j. Chapter 10 is deleted k. In lieu of adoption of Chapter 11, the City Council shall establish by resolution the application matrix for green building measures to provide standards for compliance. l. Appendix A is adopted with the exception of Sections A504.1, A505.1, A506.1, A507.1, A509.1, A701.1, A702.1, A706.1, A708.1, A709.1, A710.1 and A801 4-17.5 DEFINITIONS For the purposes of Section 4-17, the following definitions shall apply: A. Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City of Novato for the applicable permits to undertake any construction, or renovation project within the City of Novato jurisdiction. B. "Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the California Building Code. C. BPI means the Building Performance Institute, a non-profit organization which provides training and certification of green building professionals. D. "City" means the City of Novato. E. Community Development Department includes the Building, Code Enforcement and Planning Divisions and the designated staff person(s) authorized and responsible for implementing this Section. F. "Conditioned Space" means any area within a building or structure that is being heated or cooled by any equipment. G. Construction means the building of any facility or structure, additions or alterations to any portion thereof including any tenant improvements to an existing facility or structure. ORD/578; 9/21/2010 2

H. Covered Projects means all new non-residential buildings, Major Renovations to existing non-residential buildings, Tenant Improvements or Renovations to existing Non- Residential buildings specified in the Non-Residential Green Building Required Compliance Standards within the City. Historic Structures are exempt. I. Green Building means a whole system approach to the design, construction, and operation of buildings that helps mitigate the environmental, economic, and social impacts of the buildings. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment. J. "Green Building Points" means the points assigned by the rating system established by the 2007 California Green Building Standards Code as amended by the City of Novato in this section. K. Historic Structures means any building or structure listed on or eligible for listing on a national, state or local register or listing of historic resources. L. LEED means any one of the U.S. Green Building Council s Leadership in Energy and Environmental Design green building rating systems or programs. M. LEED AP (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. N. Non-Residential means any structure used or intended for supporting or sheltering any use or occupancy, with the exception of single family or multifamily residential occupancies. O. Non-Residential Green Building Required Compliance Standards means the Non- Residential Green Building Required Compliance Standards established by resolution of the City Council. P. "Major Renovation" means any change, addition, remodel or modification to an existing building that increases the square footage of the Conditioned Space by fifty (50) percent or greater, or the removal of over fifty (50) percent of the existing lineal feet of interior wall and/or ceiling coverings to relocate or modify the existing floor plan. Q. Renovation: means any remodeling, modification or improvement to an existing building that includes replacement or alteration of at least two of the following: heating/ventilating/air conditioning system, building envelope, hot water system or lighting system, but excluding improvements and project valuation related to seismic or disabled access, building replacement due to catastrophic loss due to flood or earthquake damage or installation of renewable energy systems.. ORD/578; 9/21/2010 3

R. "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner and permanently attached to the ground, as defined in the California Building Standards Code. S. Tenant Improvement means; 1) the first improvements project proposed exceeding 25,000 gross square feet by any tenant of a unit to the commercial interior of that same unit in a new building, or the building itself if the building is a single unit, that was constructed in compliance with the Non-Residential Green Building Required Compliance Standards; or 2) an improvements project proposed by a tenant of a unit to the commercial interior of that same unit in an existing building, or the existing building itself if the building is a single unit, and the improvements consist of major alterations that are more than 25,000 gross square feet and significant upgrades to structural and mechanical and electrical and/or plumbing systems are being proposed, U. USGBC means the U.S. Green Building Council, a non-profit organization which established and maintains the LEED rating systems for evaluating and certifying green buildings and green building professionals. 4-17.6 STANDARDS FOR COMPLIANCE. (1) New construction of Non-Residential buildings shall comply with applicable provisions of the Non-Residential Green Building Required Compliance Standards. Renovations, major renovations, alterations, or additions to existing non-residential buildings shall comply with the applicable provisions of the Non-Residential Green Building Required Compliance Standards. Exception: If the building official determines that the renovation or alteration project is minor in scope and that achievement of the minimum number of Green Building Points is not reasonably feasible, the building official shall have the discretion to approve the project with less than the minimum number of Green Building Points. The building division may require documentation to be furnished by an applicant requesting this exception. For all applications, the building shall not consume more energy than is permitted by California Code of Regulations, Title 24, Part 6 (Energy Code) (2) Tenant Improvements must comply with LEED Silver requirements of the non-residential green building required compliance standards. 4-17.7 COMPLIANCE. a. Compliance Review Community Development Department 1. The planning division shall include compliance with section 4-17.6 as a condition of approval for nonresidential buildings. 2. The building division shall review plans for compliance with section 4-17.6 and approve plans submitted in compliance with Section 102 of the 2007 California Green Building Standards Code, provided that the plans comply with all other applicable provisions of this Chapter. 4-17.8 APPEAL. a. Appeal to Housing and Building Codes Appeals Board. Any interested person may appeal a decision of the community development department to the Housing ORD/578; 9/21/2010 4

and Building Codes Appeals board by filing a notice of appeal together with the fee established by resolution of the council no later than 10 days after the decision of the community development department. Upon receipt of such an appeal, the chief building official will set the matter for hearing before the board as least 20 days after the date of receipt. The procedures contained within section 4-1.5 (Housing and Building Codes Appeals Board) shall be applied to any appeal under this subsection. b. Council Hearing on Appeal of Board Decision. Any interested person may appeal a decision of the Housing and Building Codes Appeals Board to the city council by filing a notice of appeal together with the fee established by resolution of the council no later than 10 days after the decision of the board. Upon receipt of such an appeal, the city clerk will set the matter for hearing before the council on the first open agenda of the council that is at least 15 days after the date of receipt. The procedures contained within section 19.54.040(E)(2) ( Appeals to the Council ) shall be applied to any appeal under this subsection. 4-17.9 Enforcement. Violation of any provision of this section may be enforced pursuant to section 4-1.6 of this chapter. SECTION 3: Severability: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied. SECTION 4: Publication and Effective Date: This ordinance shall be published in accordance with applicable provisions of law, by either: publishing the entire ordinance once in the Novato Advance, a newspaper of general circulation, published in the City of Novato, within fifteen (15) days after its passage and adoption, or publishing the title or appropriate summary in the Novato Advance at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those City Councilmembers voting for and against the ordinance, and This ordinance shall go into effect thirty (30) days after the date of its passage and adoption, or until the ordinance provisions are approved by the California Energy Commission, whichever comes later. ORD/578; 9/21/2010 5

* * * * * * THE FOREGOING ORDINANCE was first read at a regular meeting of the Novato City Council on the 24 th day of August, 2010, and was passed and adopted at a regular meeting of the Novato City Council on the 14 th day of September, 2010. AYES: Councilmembers Athas, Dillon-Knutson, Eklund, Kellner, MacLeamy NOES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None /Jeanne MacLeamy/ Mayor of the City of Novato Attest: /Sheri Hartz/ City Clerk of the City of Novato Approved as to form: /Jeffrey Walter/ City Attorney of the City of Novato ORD/578; 9/21/2010 6

EXHIBIT A FINDINGS OF FACT FOR ADOPTION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE WITH AMENDMENTS BASED ON LOCAL CONDITIONS CHANGES OR AMENDMENTS: Pursuant to Section 101.7.1 of the California Code of Regulations, Title 24, Part 11, also known as the California Green Building Standards Code, the City Council of the City of Novato makes express, local findings set forth by this exhibit in adopting and amending the 2007 California Green Building Standards Code (Title 24, Part 11) as it pertains to the regulation of non-residential buildings used for human habitation. FINDINGS: Pursuant to Section 17958.7 of the State of California Health and Safety Code, the City Council of the City of Novato has determined and finds that the attached amendments and changes to the 2007 California Green Building Standards Code are needed and are reasonably necessary because of local climatic, geographic or topographic conditions. LOCAL CONDITION: Local conditions have an adverse effect on the efficient design of nonresidential buildings to improve the public health, safety and general welfare of the occupants of such buildings within the City of Novato. Below are listed adverse local climatic, geographic and topographic conditions: 1. Climatic a. Precipitation. Precipitation ranges from 15 to 42 inches per year with an average of approximately 27 inches per year. Approximately ninety percent (90%) falls during the months of November through April, and 10% from May through October. The lack of adequate water from precipitation within the city makes green building standards necessary to implement water conservation in non-residential buildings from which all persons in the City of Novato would benefit. b. Relative Humidity. Humidity generally ranges from 50% during daytime to 86% at night. It drops to 20% during the summer months and occasionally drops lower. The range of humidity experienced by occupants of non-residential buildings makes green building standards necessary to implement energy efficiency in nonresidential buildings. c. Temperatures. Temperatures have been recorded as high as 110 degrees F. (6-15-6 1) and as low as 20 degrees F. (12-22-90). Average summer highs are the 78 degree to 85 degree range and the average winter time lows are in the 38 degree to 44 degree range. The range of temperatures experienced by the city makes green building standards necessary to promote efficiency in the use of heating and air conditioning in non-residential buildings. d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to 7.4 30 mph, particularly during the summer months. Extreme winds up to 50 mph ORD/578; 9/21/2010 7

have been known to occur. The high velocity and various directions of winds within the city make green building standards necessary to promote energy efficiency by utilizing wind velocity and wind direction in nonresidential buildings. 2. Geographic and Topographic. a. Size and Population. The City of Novato incorporated January 20, 1960, covers 28 square miles. The State of California estimates Novato s population at 52,737 as of January 1, 2008. There is a limited amount of vacant land suitable for expansion or development because of the topography of the city. The majority of existing nonresidential development was constructed from 1960 to 2000. The limited amount of vacant land upon which non-residential development may be expanded creates a need for green building standards in order to ensure energy efficient and environmentally friendly development of property within the city. b. Topography. The City of Novato is a conglomeration of bay plains, hills, valleys and ridges. The flatter lands (0 5% slope) are found in the central, eastern and south-eastern portions of the City and there is a mixture of residential and nonresidential development on these lands. The varied topography of the city creates the need for green building standards to promote efficiency and conservation in energy and water use for non-residential building occupants. c. Water Resources. The North Marin Water District provides the City of Novato with water from three sources. The Russian River in Sonoma County supplies 80 percent of the water to the North Marin Water District and the remaining 20 percent come from Stafford Lake Water Treatment Plant located just west of the city. The third source, a newly completed recycled water plant in cooperation with the Novato Sanitary District that is currently in phase 1, supplies irrigation water to a nearby golf course. The recycled water plant will eventually replace 85 million gallons of potable water for irrigation purposes. The scarcity of water sources to provide residents and occupants of the city with adequate water supply requires that green building standards be implemented in non-residential buildings to promote water conservation from which all persons in the City of Novato would benefit. 3. Summary. The above local climatic, geographic and topographic conditions provide sufficient needs for the City of Novato to adopt a non-residential green building ordinance to improve public health, safety and general welfare by enhancing the design and construction of buildings creating a positive environmental impact and sustainable construction practices. The State of California does not have regulations other than Title 24 Energy Codes that mandate existing buildings increase energy efficiency or to be operated sustainably. The 2007 Green Building Standards Code will not go into effect for over a year and will require local adoption, during which time there will be construction activity that would benefit the environment with the adoption of these green building standards. The City of Novato has a large inventory of older non-residential buildings and if expansion of these existing non-residential buildings is submitted to the city, the goal should be to increase energy efficiency, water efficiency, and conservation, along with material conservation, resource ORD/578; 9/21/2010 8

efficiency and environmental air quality. The limited land for new non-residential development should also be enhanced by these more efficient sustainable practices with the adoption of this code. The promotion of energy efficiency, water efficiency and conservation in non-residential buildings will result in more available and environmentally friendly energy and water resources which city residents and occupants may utilize. The availability of more and better resources will benefit all residents and occupants of the city and preserve the quality of the environment within the city as well. ORD/578; 9/21/2010 9