Monterey County Municipal Code Ch. 18.11 Green Building Standards

Footnotes:

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Editor's note— Ord. No. 5442, § 13, adopted Dec. 9, 2025, repealed Ch. 18.11, §§ 18.11.010—18.11.080, and enacted a new Ch. 18.11 to read as set out herein. Former Ch. 18.11 pertained to similar subject matter and derived from Ord. No. 5286, § 14, adopted April 18, 2017 and Ord. No. 5337, §§ 2, 14, adopted July 28, 2020; and Ord. No. 5389, adopted Dec. 6, 2022.

That certain document entitled 2025 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, also known as CALGreen, as published by the California Building Standards Commission, is hereby adopted as the Green Building Standards Code for the County of Monterey.

(Ord. No. 5442, § 13, 12-9-2025)

A. The purpose of this Chapter is to improve the public health, safety and general welfare by encouraging responsible use of resources in the design and construction of buildings, by using building concepts having a reduced negative impact or having a positive environmental impact, and by encouraging sustainable construction practices to:

1. Increase energy efficiency in buildings.

2. Reduce potable water demand.

3. Encourage natural resource conservation.

4. Reduce waste generated by construction projects.

5. Provide durable buildings that are efficient, cost effective, and economical to own and operate; and

6. Promote the health and productivity of residents and workers who occupy and live in buildings within the County.

(Ord. No. 5442, § 13, 12-9-2025)

The following definitions shall apply for the purposes of this chapter:

A. "Applicant" means any person or entity applying to the County for a building permit to undertake any covered project within the County.

B. "Alternative means" means a method of achieving the green building performance standards equivalent to CALGreen Tiers 1 or 2 (for example, compliance and certification by a third party green building rating system such as Leadership in Energy and Environmental Design (LEED) or GreenPoint Rated systems).

C. "Compliance official" means the Building Official or his/her designee charged with the administration and enforcement of this chapter.

D. "Green building rating system" means a rating system with specific building design criteria used to determine compliance thresholds. Examples of rating systems include, but are not limited to, the LEED and GreenPoint rated systems.

E. "GreenPoint Rated" means a rating system developed by the Build It Green organization to certify a residential structure meets certain energy and resource efficiency standards.

F. "LEED" means the "Leadership in Energy and Environmental Design" green building rating system developed by the U.S. Green Building Council.

G. "Major remodel" means any remodel that involves two (2) or more of the following:

1. Demolition and new construction of fifty (50) percent or more of the interior or exterior walls within a building.

2. The permit valuation exceeds five hundred thousand dollars ($500,000.00); or

3. Electrical, plumbing, mechanical, and structural repairs affecting an area of five thousand (5,000) square feet or more.

H. "Non-residential structure" means a building not used for a residential use with a designated Occupancy Classification of A, B, E, F, H, I, L or M in the California Building Standards Code.

I. "Rebuild" means demolition and reconstruction of a building or structure involving the repair or replacement of fifty (50) percent or more of the exterior walls or involving work that exceeds one-half (½) of the appraised value of the structure.

(Ord. No. 5442, § 13, 12-9-2025)

A. Standards for compliance with CAL Green shall be those standards contained in Part 11 of Title 24 of the California Building Standards Code.

B. For the purposes of this chapter, the following equivalency levels are assumed:

1. CALGreen mandatory requirements are generally equivalent to LEED basic standards and GreenPoint rating of a minimum of eighteen (18) points across all resource categories.

2. CALGreen Tier 1 standards are generally equivalent to LEED Silver standards and GreenPoint rating of a minimum of thirty-three (33) points across all resource's categories; and

3. CALGreen Tier 2 standards are generally equivalent to LEED Gold or better and GreenPoint rating of a minimum of sixty-five (65) points across all resource categories.

(Ord. No. 5442, § 13, 12-9-2025)

A. Newly constructed buildings, including a rebuild, that incorporate additional prerequisite and elective green building measures to meet or exceed CALGreen Tier 1 thresholds, or the equivalent, shall receive the following incentives:

1. A Step 1 incentive rebate, in the amount set by resolution of the Board of Supervisors, to be applied towards construction permit fees; and

2. A healthier home or business award from the County.

B. Newly constructed buildings, including a rebuild, that incorporate additional prerequisite and elective green building measures to meet or exceed the 2010 CALGreen Tier 2 thresholds, or the equivalent, shall receive the following incentives:

1. A Step 2 incentive rebate, in the amount set by resolution of the Board of Supervisors, to be applied towards construction permit fees; and

2. A healthier home or business award from the County.

C. For projects qualifying for incentives pursuant to Subsection A or B of this section, the Compliance Official may assign an experienced staff person to coordinate review of construction permits by all County departments.

D. When the CALGreen Green Building Rating System is used, the Compliance Official shall be responsible for verifying that buildings have been designed to qualify for the incentives described in this section.

E. When alternative means to the CALGreen Green Building Rating System are proposed, documentation by a qualified professional for the chosen Green Building Rating System shall be provided to the Compliance Official for his or her review and approval prior to the applicant being entitled to any incentives described in this section. Required documentation and certification of meeting the standards under the alternative means shall be supplied at the applicant's expense. Compliance with alternative means is in addition to, and does not alleviate compliance with, the requirements of the California Building Code including the minimum mandatory requirements of CALGreen.

F. The incentive rebate fees described in this section shall not be combined with other construction permit fee incentives.

(Ord. No. 5442, § 13, 12-9-2025)

All new non-residential structures greater than twenty-five thousand (25,000) square feet shall provide on-site renewable energy generation as part of their development. A minimum of fifteen (15) percent of the projected energy demand shall be provided by on-site renewable sources. An exception to this requirement may be approved by the Compliance Official if the applicant can demonstrate that on-site renewable energy generation is not appropriate at the site and that alternative design elements better achieve the desired level of efficiency (at least fifteen (15) percent of the total energy demand).

(Ord. No. 5442, § 13, 12-9-2025)

A. CALGreen Tier 1 standards, or the functional equivalent, are adopted as the minimum mandatory design standards for newly constructed County-owned buildings and major remodels of existing County-owned buildings.

B. All new County-owned buildings shall be subject to the renewable energy generation requirements of Section 18.11.060 of this chapter. Major remodels of County-owned buildings are not subject to the requirements of Section 18.11.060 but may provide on-site renewable energy generation in connection with achieving CALGreen Tier 1 standards.

C. The requirements of Subsections A and B of this section do not apply to County-owned projects that have already been financed as of December 31, 2012 where compliance with this requirement would conflict with existing grants and financing that are already in place. The Compliance Official shall have the authority to waive the requirements of Subsections A and B of this section where their application would conflict with local, state, or federal policies or regulations.

D. The requirements of Subsection A of this section do not apply to the Monterey County Government Center (MCGC) East and West Wings - Renovation Project for the following reasons:

1. Preparations for the MCGC East and West Wings - Renovation Project began prior to adoption of the 2010 General Plan. Substantial time was invested in studies and planning for this project prior to adoption of the requirements of this section, and the requirements of this section would delay this project.

2. The MCGC East and West Wings are on the National Register of Historic Places, and green building techniques could interfere with historic preservation and raise costs considerably; and

3. The County will consider alternative methods of achieving the objectives and purposes of this Chapter for the MCGC East and West Wings Renovation Project.

(Ord. No. 5442, § 13, 12-9-2025)

This Chapter is not intended to apply when it is preempted by federal or state laws or regulations, including but not limited to conservation standards applicable to appliances and equipment, including heating, ventilating, and air conditioning ("HVAC") products and water heaters. Many other laws, regulations, and ordinances apply to building design construction and maintenance and to development. The provisions of this Chapter are intended to be in addition to and not in conflict with these other laws, regulations, and ordinances. If any provision of this Chapter conflicts with any duly adopted and valid federal or state statute or regulation, the federal or state statutes or regulations shall take precedence.

(Ord. No. 5442, § 13, 12-9-2025)