Artesia Municipal Code Ch. 11 Green Building Certification Incentives

This chapter shall be known, and may be cited, as the "Green Building Certification Incentives."

(Ord. 20-892, § 2)

This chapter is enacted to enhance public health and welfare by encouraging green building measures in the design, construction, and maintenance of buildings. The green building practices referenced in this chapter are intended to achieve the following goals:

(a) To reduce greenhouse gas emissions;

(b) To encourage the conservation of natural resources;

(c) To encourage a higher building standard in the City;

(d) To reduce the amount of trash generated in the City;

(e) To increase energy efficiency and lower energy usage;

(f) To reduce the operating and maintenance costs for buildings;

(g) To promote a healthier indoor environment; and

(h) To promote environmentally sustainable sources of energy such as solar, wind, and natural gas over coal and oil based energy.

(Ord. 20-892, § 2)

For the purpose of this chapter, the following terms shall have the meanings set forth below:

"Commercial and industrial project"

means any new construction of a retail office, industrial, warehouse, or service building, or portion of a building, which is not a residential project.

"Dwelling, single-family"

means a building containing exclusively a single dwelling unit and built to the specifications of the California Building Standards Code, including the California Building Code (CBC), California Electrical Code (CEC), California Mechanical Code (CMC), California Plumbing Code (CPC), and California Energy Code; or a mobile home containing exclusively a single dwelling unit, built to the Federal Department of Housing and Urban Development (HUD) Construction Standards, on a permanent foundation system, pursuant to Section 18551 of the Health and Safety Code.

"Green building"

means a whole systems approach to the design, construction, location, and operation of buildings and structures that helps to mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water, and other natural resources and promote a healthy, productive indoor environment.

"LEED® certification"

means having accrued the minimum number of points to merit a "certified" rating on the appropriate Leadership in Energy and Environmental Design (LEED*®*) Rating System Checklist.

"LEED® rating system"

means the applicable version of the Leadership in Energy and Environmental Design (LEED*®*) rating system, approved by the U.S. Green Building Council (USGBC), in effect at the time of project application for County building permit.

"Multiple-family residential"

means a building, or portion thereof, designed for occupancy by two or more families living independently of each other, and containing two or more dwelling units.

"Rating system"

means a system of classifying according to quality or merit or amount.

"USGBC"

means the U.S. Green Building Council.

"Working days"

means Monday through Friday, excluding City holidays.

(Ord. 20-892, § 2)

Any new construction of a single-family dwelling, and any commercial, industrial, or multiple-family residential construction of a new building(s) greater than 3,000 square feet, including additions of 3,000 square feet or greater to an existing building, will be eligible for the incentives set forth in Section 8-11.05 of the Artesia Municipal Code if the applicant submits a checklist and proof of registration demonstrating that the applicant is pursuing one or more of the following:

(a) LEED® certification;

(b) Certification under a comparable green building rating system previously approved by the City Manager.

(Ord. 20-892, § 2)

Subject to Section 8-11.06, all applicants who meet the eligibility requirements may receive a reduction in the parking requirement by 20%.

In addition, applicants who meet the eligibility requirements for multi-family development may also receive an increase in allowable density by 20%.

In addition to the above project design incentives, all applicants who meet the eligibility requirements may receive additional incentives that the City Council may adopt through resolution. These additional incentives include financial, structural (permit review process), or other incentives such as technical and marketing assistance (award or recognition programs) to further encourage voluntary green building practices. Incentives are cumulative and eligible applicants may elect to exercise none, one, or more than one of the applicable incentives.

(Ord. 20-892, § 2)

Completed certificate(s) from USGBC, or a comparable green building rating system previously approved by the City Manager must be submitted to the Planning Department prior to a final building permit inspection for any project complying with this chapter. If the Planning Department does not receive a completed certificate(s) verifying LEED® certification, or certification under a comparable green building rating system previously approved by the City Manager has been achieved, the project shall be brought into compliance in order for the project to be eligible for the incentives set forth in Section 8-11.05 of the Artesia Municipal Code. If a completed certificate(s) from the USGBC, or comparable green building rating system previously approved by the City Manager is not submitted prior to a final building permit inspection, financial security, and an administrative fee will be required as indicated in the following paragraph.

The applicant shall provide financial security in the form of a Certificate of Deposit Surety made payable to the City of Artesia to guarantee compliance with this Chapter. The amount of security and administrative fee shall be set by Council resolution.

(Ord. 20-892, § 2)

(a) Filing. Any person aggrieved by the decision of the Planning Department may appeal to the City Manager within 15 days after the date such action is taken by the Planning Department. Such appeal shall be in writing and shall be filed with the City Clerk.

(b) Determination. The City Manager may grant or deny the appeal or may modify in any particular the action taken by the Planning Department. The City Manager's determination shall be final.

(Ord. 20-892, § 2)