Mill Valley Municipal Code Ch. 14.48 Green Building Standards

The City hereby adopts by reference the 2025 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), excluding all energy efficiency measures contained in A4.2.

B. Appendix Chapter A5—Nonresidential Voluntary Measures (Tier 1 levels for new construction, as defined in Section 14.48.030), excluding all energy efficiency contained in A5.2.

(Ord. 1363, 12/8/2025; Ord. 1366, 3/16/2026)

The 2025 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 of the Mill Valley Municipal Code.

A. Section 202 – DEFINITIONS – of Chapter 2 – DEFINITIONS – of the 2025 Green Building Standards Code is hereby amended by deleting the definition of "Low Power Level 2 Electric Vehicle Charging Receptacle" and revising the definitions of "Electric Vehicle Charging Station" and "Newly Constructed (or New Construction)" to read as follows:

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVSC space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code,

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building or new construction) includes the production of new or replacement building(s) and Major Remodels, as defined in Section 14.48.030.

B. Section 301.1 – SCOPE – of Chapter 3 – GREEN BUILDING – of the 2025 Green Building Standards Code 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 Chapter 14.48 of the Mill Valley Municipal Code and shall also include the green building measures specified as mandatory in the application checklists contained in this code.

C. Section 301.1.1 – ADDITIONS AND ALTERATIONS – of Chapter 3 – GREEN BUILDING of the 2025 Green Building Standards Code 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.

D. Section 301.3 – NONRESIDENTIAL ADDITIONS AND ALTERATIONS – of Chapter 3 – GREEN BUILDING – of the 2025 Green Building Standards Code 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).

E. Section 301.6 is hereby added to Chapter 3 – GREEN BUILDING – of the 2025 Green Building Standards Code to read as follows:

301.6 Low-carbon concrete requirements. Plain and reinforced concrete installed as part of new buildings, construction on vacant lots, Major Remodels, construction projects involving the placement of thirteen (13) cubic yards or more of cast-in place concrete, and/or City-sponsored construction projects shall demonstrate compliance with the requirements of Mill Valley Municipal Code Chapter 14.49, Low Carbon Concrete Standards, the full text of which is herein added to this code by reference.

F. Section 4.106.4.1 – NEW ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES WITH ATTACHED PRIVATE GARAGES – of Division 4.1 – PLANNING AND DESIGN DIVISION – of Chapter 4 – RESIDENTIAL MANDATORY MEASURES – of the 2025 Green Building Standards Code is hereby amended in its entirety to read as follows:

4.106.4.1 One- and two-family dwellings and town-houses (New and Existing Buildings). For each new dwelling unit or when alterations to an existing building include upgrades to the service panel, the project shall install a list raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the tie of original construction in accordance with the California Electrical Code.

G. Section 4.106.4.3 – ELECTRIC VEHICLE CHARGING FOR ADDITIONS AND ALTERATIONS OF PARKING FACILITIES SERVING EXISTING MULTIFAMILY BUILDINGS, HOTELS AND MOTELS – of Division 4.1 – PLANNING AND DESIGN DIVISION – of Chapter 4 – RESIDENTIAL MANDATORY MEASURES – of the 2025 Green Building Standards Code is hereby amended in its entirety to read as follows:

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.

"Automatic Load Management System (ALMS)"

refers to a control system designed to manage loads across one or more electric vehicle supply equipment (EVSE) circuits or panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208.240 volt, 16-ampere) to each EV Capable, EV Ready, or EVCS space served by the ALMS. Add meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

"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, Built It Green and LEED, are considered certified green building raters.

"CALGreen Mandatory"

means those measures that are required for all qualifying projects. Residential mandatory measures are contained in CALGreen Chapter 4. Non-Residential 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 in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for non-residential projects.

"Direct Current Fast Charging (DCFC)"

means a parking space provided with electrical infrastructure that meets the following conditions:

i.

A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.

ii.

Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80 ampere.

"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.

"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.

"Level 2 (L2) EV Capable"

means a parking space provided with electrical infrastructure that meets the following requirements:

i.

Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.

ii.

The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions should otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.

iii.

The electrical panel shall reserve a space for a 40-ampere overcurrent protection device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE."

iv.

The electrical panel shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

v.

The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating that the space is EV Capable.

"Level 1 (L1) EV Ready"

means a parking space that is served by a complete electric circuit with the following requirements:

i.

A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.

ii.

A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.

iii.

Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

"Level 2 (L2) EV Ready"

means a parking space that is served by a complete electric circuit with the following requirements:

i.

A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.

ii.

A receptacle labeled "Electric Vehicle Outlet", or electric vehicle supply requirement located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

"Limited Mixed-Fuel"

means a building where natural gas and/or propane are only used for cooking and fireplaces.

"Long-Term System Cost (LSC)"

means the performance metric adopted by the California Energy Commission in the 2025 California Energy Code and CALGreen Code to replace the prior Energy Design Rating (EDR), representing total lifecycle system cost efficiency compared to a standard design baseline.

"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."

(Ord. 1363, 12/8/2025; Ord. 1366, 3/16/2026)

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.

MVMC 14.48.040 - Table 1: Summary of Green Building Requirements by Project Type and Size

(Ord. 1363, 12/8/2025; Ord. 1366, 3/16/2026)

All projects subject to this chapter shall comply with the requirements set forth in Section 14.48.040 through the following verification methods.

A. Verification of Compliance. All applicable 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 by 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, the Building Department 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 contractor, shall be borne by the applicant for a building permit.

(Ord. 1363, 12/8/2025; Ord. 1366, 3/16/2026)

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 Director of Planning and Building 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 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 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 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 revised green building requirements meeting the basic California Green Building Code requirements.

(Ord. 1363, 12/8/2025; Ord. 1366, 3/16/2026)

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. 1363, 12/8/2025)