§ 10-21

The provisions of this Article apply to all Covered Projects and Minor City Projects submitted for plan check review after November 1, 2008, with the following exemptions:

a.

Buildings that have been designated as "Historical" pursuant to the California Historical Building Code, Title 24 Part 8.

b.

Permits issued only for foundation repair, re-roofing, repair of fire damage, work required by termite reports, or other items of building or structural maintenance.

c.

Exemptions or partial exemptions may be granted by the City Manager for other projects where it can be demonstrated that complete compliance is not possible because of unusual building circumstances

d.

Exemptions or partial exemptions may be granted by the City Council/Agency Board for "Public/Private Partnerships" where it can be demonstrated that compliance with this Article is not financially feasible by either

the private-sector developer, the City or the Redevelopment Agency, and that the proposed building will provide an over-riding benefit to the community.

SEC. 10-21.130 - STANDARD FOR COMPLIANCE.

a.

All Covered Projects shall meet a minimum LEED[TM ] Silver rating and be so certified by the US Green Building Council. All Covered Projects shall also have a LEED-Accredited Professional as a principal member of the design team from the beginning of the project. The LEED[TM ] rating option to be used shall be chosen by the LEEDAccredited professional as the one most appropriate for the project.

b.

The proponents of Minor City Projects are required to complete and submit the LEED[TM ] checklist as a way of documenting the green building practices incorporated into the projects, and measures identified in the checklists shall be incorporated into the design and construction of the projects, to be verified by City staff. Projects using the LEED checklist shall earn a minimum of 20 points.

c.

The Director of Public Works Department or his or her designee shall regularly review the project specifications used in bidding traditional Public Works Projects to include the best green building/environmental practices applicable.

SEC. 10-21.140 - PROMULGATION OF IMPLEMENTING REGULATIONS.

The City Manager shall promulgate and rules and regulations necessary or appropriate to achieve compliance with the requirements of this Article. The initial rules and regulations shall be promulgated after securing and reviewing comments from affected City departments.

SEC. 10-21.150 - ANNUAL REVIEW.

The City Council shall review this Article annually to determine whether it needs to be updated because of new legislation enacted by the State or new standards developed by applicable organizations, such as StopWaste.org, Build It Green, and the US Green Building Council (LEED: Leadership in Energy and Environmental Design). The Building Official shall annually report to the City Manager regarding the number and types of projects built pursuant to this Article.