Chapter 14.48 — GREEN BUILDING STANDARDS

The City hereby adopts by reference the 2022 edition of the California Green Building Standards Code, Title 24, Part 11 of the California Code of Regulations ("CALGreen"), including the following Appendix chapters and together with those amendments, additions, and deletions set forth in this chapter of the Mill Valley Municipal Code:

A. Appendix Chapter A4 - Residential Voluntary Measures (Tier 1 levels for new
construction, as defined in Section 14.48.030).

B. Appendix Chapter A5 - Nonresidential Voluntary Measures (Tier 1 levels for new
construction, as defined in Section 14.48.030).

This code, together with amendments, additions, and deletions set forth in this chapter,
shall constitute the Green Building Standards of the City of Mill Valley and may be cited
as such.

(Ord. 1313 § 2, December 2, 2019; Ord. 1340 § 7, December 5, 2022)

The 2022 California Green Building Standards Code ("CALGreen") adopted herein by reference is hereby amended by the following additions, deletions, and amendments, together with such changes made by Sections 14.48.030 through 14.48.070:

Section 202 of Chapter 2 is hereby amended by revising the definitions of Electric Vehicle Charging Station and of Newly Constructed (or New Construction) to read as follows:

ELECTRIC VEHICLE CHARGING STATION (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. For purposes of determining compliance with accessibility requirements, when the permitted length of time a vehicle may occupy an electric vehicle charging station differs from the permitted duration of stay in publicly accessible parking spaces in the same parking area, electric vehicle charging stations are not considered parking spaces. When the permitted duration of stay in a space served by electric vehicle charger(s) is the same as other publicly accessible parking spaces in the same parking area, EVCS may be considered parking spaces. The EVCS need not be reserved exclusively for electric vehicle charging.

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) includes the production of new or replacement building(s) and major remodels.

Section 301.1 of Chapter 3 is hereby amended by replacing the first sentence with the following:

301.1 Scope. Buildings shall be designed to comply with the applicable requirements of the Mill Valley Municipal Code beginning at Chapter 14.48.010, and shall also include the green building measures specified as mandatory in the application checklists contained in this code.

Section 301.1.1 of Chapter 3 is hereby amended by replacing the first sentence with the following:

301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall be applied to additions and alterations of existing residential buildings, in accordance with applicable requirements of Chapter 14.48 of the Mill Valley Municipal Code.

Section 301.3 of Chapter 3 is hereby amended by replacing the first sentence with the following:

301.3 Nonresidential additions and alterations. The provisions of individual sections of Chapter 5 apply to newly constructed buildings and building additions and alterations (for occupancies within the authority of California Building Standards Commission).

Section 4.106.4.2 of Chapter 4 is hereby amended to read in its entirety as follows:

Section 4.106.4.2 New multifamily dwellings, Hotel and Motels and New Residential Parking Facilities. If residential parking is available, the number of spaces designated for the project type as outlined in Table 1 of Section 14.48.040 of the Mill Valley Municipal Code, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

Section 5.106.5.3 of Chapter 5 is hereby amended by replacing the first sentence with the following:

Section 5.106.5.3 Electric vehicle (EV) Charging. Construction shall comply with Section 5.106.5.3.1, using the space requirements designated for the project type as outlined in Table 1 of Section 14.48.040 of the Mill Valley Municipal Code, to facilitate future installation of electric vehicle supply equipment (EVSE).

Section A4.106.8.2.1 of Appendix A4 is hereby amended by revising "Tier 1" to read as follows:

The number of spaces designated for the project type as outlined in Table 1 of Section 14.48.040 of the Mill Valley Municipal Code, provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. (Ord. 1313 § 2, December 2, 2019; Ord. 1340 § 8, December 5, 2022)

For the purposes of interpreting this chapter and the associated standards for compliance, the terms below are defined as follows. These definitions are in addition to those outlined in Section 202 of the California Green Building Standards Code, as modified in Section 14.48.020 of the Mill Valley Municipal Code. In the event of a conflict between the definitions in this section and in Section 202, the definitions in this section shall control.

"All-electric" refers to a building where electricity is the only permanent source of energy for water-heating, space-heating, space cooling, cooking and clothes-drying and there is no gas meter connection.

"Certified Green Building Rater" means a person acting as the owner's agent to ensure compliance with green building requirements. Those persons representing national and regional green building organizations, including, but not limited to, CALGreen, Build It Green and LEED, are considered certified green building raters.

"CALGreen Mandatory" means those measures that are required for all covered projects.

Residential mandatory measures are contained in CALGreen Chapter 4. Nonresidential

mandatory measures are contained in CALGreen Chapter 5.

"CALGreen Tier 1" refers to required perquisite and elective measures in addition to the CALGreen mandatory measures, as outlined in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for nonresidential projects.

"Efficiency EDR compliance margin" is the difference in the energy design rating ("EDR") of standard efficiency and the EDR of proposed efficiency for a building, as demonstrated on Title

24 compliance documents.

"EV capable" refers to a parking space with conduit installed and allocated 208/240V 40-amp panel capacity for future EV charging stations.

"EV ready" refers to the installation of a full circuit with minimum of 40-Amp 208 or 240 Volt capacity per EV Space, including listed raceway, sufficient electrical panel service capacity, overcurrent protection devices, wire, and suitable listed termination point such as a receptacle. The termination point shall be in close proximity to the proposed EV charger location.

"Green building compliance form" means the signature page submitted to the City signed by a Certified Green Building Rater, indicating that applicable project complies with the City's Green Building requirements.

"Limited mixed-fuel" means a building where natural gas and/or propane are only used for cooking and fireplaces.

"Major remodel" means structural modifications or additions made to a dwelling, which are greater than 50% of either: (1) the current square footage of such dwelling; or (2) the current exterior roof structure and exterior walls of such dwelling.

"Minor remodel" means modifications or additions made to a dwelling which are not considered to be a major remodel.

"Mixed-fuel" means a building where both natural gas and/or propane and electricity are used.

"Modified parking lot" means a parking lot for which paving material and curbing is removed.

"Total EDR compliance margin" is the difference in the EDR of the total standard design and the

EDR of the total proposed building, as demonstrated on Title 24 compliance documents. This incorporates the efficiency EDR compliance margin as well as the EDR points associated with photovoltaics and flexibility such as battery storage. (Ord. 1313 § 2, December 2, 2019)

The Mill Valley Municipal Code defines compliance thresholds for different projects that are covered by this chapter. These standards are outlined below in Table 1.

Table 1: Requirements by Project Type and Size

Project Type and Size Green Building Requirements Additional Energy Efficiency Requirements Electric Vehicle Requirements

Single-and Two-Family New CALGreen Tier 1, including Section "All-electric," meeting the requirements outlined for the project Comply with CALGreen Measure A4.106.8.1 Construction A4.2 (Energy Efficiency) in the 2019 Building Energy Efficiency Standards OR "Limited mixed-fuel," prewired for future induction cooking, with an Efficiency EDR Compliance Margin of 3, demonstrated on Title 24 energy reports OR "Mixed-fuel," prewired for future induction cooking, with an Efficiency EDR Compliance Margin of 3 and a Total EDR Compliance Margin of 10, demonstrated on Title 24 energy reports See Section 14.48.030 for applicable definitions of "All-electric," "Limited mixed-fuel," and "Mixed-fuel"

Single-and Two-Family Additions CALGreen Mandatory Meet the standards outlined for the project in the 2022 Building If the project is upgrading the main electrical and Alterations less than 1,200 Energy Efficiency Standards service panel, comply with CALGreen Measure square feet Those projects that are 500 square feet or greater must also A4.106.8.1 satisfy requirements identified in Section 14.05.021.1

Single-and Two-Family Additions CALGreen Tier 1 less Section A4.2 Meet the standards outlined for the project in the 2022 Building and Alterations 1,200 square feet or (Energy Efficiency) Energy Efficiency Standards and satisfy requirements identified greater in Section 14.05.021.1

Table 1: Requirements by Project Type and Size

Project Type and Size Green Building Requirements Additional Energy Efficiency Requirements Electric Vehicle Requirements

Multifamily New Construction 3 CALGreen Tier 1, including Section "All-electric," meeting the requirements outlined for the project Build one electric vehicle charging space1 per stories or less A4.2 (Energy Efficiency) in the 2022 Building Energy Efficiency Standards dwelling unit, as defined in Chapter 17.04.026 OR of Mill Valley Municipal Code (but not "Limited mixed-fuel," prewired for future induction cooking, including an accessory dwelling unit), with an Efficiency EDR Compliance Margin of 0.5, demonstrated complying with technical requirements on Title 24 energy reports referenced in A4.106.8.2.1 OR "Mixed-fuel," prewired for future induction cooking, with an Efficiency EDR Compliance Margin of 0.5 and a Total EDR Compliance Margin of 10, demonstrated on Title 24 energy reports. See Section 14.48.030 for applicable definitions of "All-electric," "Limited mixed-fuel," and "Mixed-fuel"

Multifamily New Construction 4 CALGreen Tier 1, including Section "All-electric," meeting the requirements outlined for the project Build one electric vehicle charging space 1 per stories or greater A4.2 (Energy Efficiency) in the 2022 Building Energy Efficiency Standards dwelling unit, as defined in Chapter 17.04.026 OR of Mill Valley Municipal Code (but not "Limited mixed-fuel," prewired for future induction cooking, including an accessory dwelling unit), with a compliance margin of 5%, demonstrated on Title 24 complying with technical requirements energy reports referenced in A4.106.8.2.1 OR "Mixed-fuel," prewired for future induction cooking, with a compliance margin of 10%, demonstrated on Title 24 energy reports See Section 14.48.030 for applicable definitions of "All-electric," "Limited mixed-fuel," and "Mixed-fuel"

Nonresidential Additions and CALGreen Tier 1, less Section A4.2 Meet the standards outlined for the project in the 2022 Building If the service panel is modified, add designated Alterations less than 3,000 square (Energy Efficiency) Energy Efficiency Standards electrical capacity for 20% of onsite parking feet spaces to be EV Capable. 1

Table 1: Requirements by Project Type and Size

Project Type and Size Green Building Requirements Additional Energy Efficiency Requirements Electric Vehicle Requirements

Nonresidential Additions and Meet the standards outlined for the project in the 2022 Building When parking lot surface is modified (paving Alterations 3,000 square feet or Energy Efficiency Standards material and curbing removed), add conduit to greater all exposed parking spaces. Where existing electrical service will not be upgraded in the existing project scope, designate capacity for parking spaces to the maximum extent that does not require an upgrade to existing electrical service.

New construction of hotels and motels

Notes:

1 Electrical service capacity shall be able to deliver a minimum 40 amperes at 208 or 240 volts multiplied by 20% of the total number of EV Spaces. The panelboard(s) shall have sufficient space to install a minimum of one 40-ampere dedicated branch circuit and overcurrent protective device per EV Space up to a minimum of 20% of the total number of EV Spaces. The circuits and overcurrent protective devices shall remain reserved exclusively for EV charging. An EV Load management system may be necessary in order to provide EV charging at more than 20% of EV Spaces.

(Ord. 1313 § 2, December 2, 2019; Ord. 1340 § 9, December 5, 2022; Ord. 1360, 8/18/2025)

All covered projects shall comply with the requirements set forth in Section 14.48.040 through the following verification methods.

A. Verification of Compliance. All covered projects must comply with green building
requirements as part of the building permit and plan check process. A certified Green
Building Rater shall verify compliance by submitting signatures on the Green Building
Compliance Form at the time of building permit application and as part of final inspection.
When a building permit is applied for, checklists must be filled out by a Green Building
Rater and included with the submittal package. The checklist shall be reviewed for
accuracy the Planning and Building Department. The Building Department will review the
checklist prior to issuance of a building permit. Building plans shall indicate in the general
notes or individual detail drawings, where appropriate, the green building measures to be
used to satisfy the green building requirements. Prior to final inspection, checklists must be
verified by a Green Building Rater as completed and final work satisfying the green
building requirements. Any changes or modifications to the checklists must be verified and
approved by the Green Building Rater. Documentation and verification shall be collected
by the Green Building Raters. During the permit and inspection process, building staff may
request to review some or all of the green building documentation.

B. Costs of Documentation and Verification. All costs for inspections, documentation and
verification of compliance with green building requirements, including the hiring of a
Certified Green Building Rater, a certified commissioner, or certified home performance
contractors, shall be borne by the applicant for a building permit.
(Ord. 1313 § 2, December 2, 2019)

A. This section shall not apply to any project that received and maintains a valid planning approval or a building permit or which has submitted a complete planning application or building permit application prior to the effective date of the ordinance codified in this chapter unless otherwise required as a condition of approval of a discretionary land use or zoning permit.

B. Hardship or Infeasibility. An exemption from the standards for compliance may be granted
by the Community Development Director under special circumstances. Such circumstances
may include, but are not limited to, the following:

1. Availability. Lack of green building materials and/or technology to comply with
green building requirements;

2. Scope of Project. The scope of the covered project is insufficient to comply with the
green building standards;

3. Conflict with Other Provisions. There is conflict between green building requirements
and other building or zoning standards or other City goals, such as those requiring
historic preservation;

4. Historic Preservation. Those projects requesting an exemption based on the historic character of a building, site or historic overlay zoning designation shall provide a
written request to the Director of Planning and Building regarding the exemption, and
describe how the project is consistent with the Secretary of the Interior's Standards
for Historic Rehabilitation and/or Chapter 20.54 "Historic Overlay District" zoning
requirements.

C. Process. A covered project must qualify as exempt from the requirements in this chapter by
applying for an exemption at the time a planning or building permit application is
submitted, whichever occurs first. The applicant shall indicate the maximum threshold of
compliance he or she believes is feasible for the covered project and the circumstances that
he or she believes create a hardship or make it infeasible to fully comply with this chapter.
The exemption determination by the Director of Planning and Building shall be provided
in writing to the applicant, with a revised green building requirements meeting the basic
California Green Building Code requirements.
(Ord. 1313 § 2, December 2, 2019)

Any aggrieved applicant may appeal the determination of the Director of Planning and Building regarding: (1) the granting or denial of an exemption pursuant to Section 14.48.060; or (2) compliance with any other provision of this chapter. Any appeal must be filed in writing with the Director of Planning and Building no later than 14 days after the date of the exemption determination. The appeal shall state the alleged error or reason for the appeal. A timely filed appeal shall be processed and considered by the Planning Commission in accordance with the provisions of Chapter 20.100 of the Mill Valley Municipal Code. (Ord. 1313 § 2, December 2, 2019)