Mountain View Municipal Code Div. 2 Mandatory Green Building Requirements

Subsection 101.3 of the 2025 California Green Building Standards Code is amended to read as follows:

101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed privately-owned building or structure, building addition, building alteration, or improvement as regulated in this code.

It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Add a new subsection 101.3.2 to subsection 101.3 (Scope) of the 2025 California Green Building Standards Code to read as follows:

101.3.2 Exempted projects. Projects that are exempted from complying with Sec. 8.64.25 of this code are:

a. Nonhabitable accessory structures.

b. Registered or eligible to be registered local, state, or federal historic structures.

c. Natural disaster repairs.

d. Temporary structures.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Subsection 101.5 of the 2025 California Green Building Standards Code is amended to read as follows:

101.5 Referenced codes and standards. The codes and standards referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference as adopted by the city of mountain view within this City Code.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

A new subsection 101.8.1 is added to subsection 101.8 (Alternate Materials, Designs and Methods of Construction) of the 2025 California Green Building Standards Code to read as follows:

101.8.1. Modification(s). Where there are practical difficulties involved in carrying out the provisions of this code which have been locally amended by the city, the applicant shall file a written request for a modification(s). Upon receipt of the written request, the building official shall have the authority to grant one or more modifications for individual cases, provided that the building official shall find that:

a. One or more special individual reasons make the strict letter of this code impractical;

b. The modification is in compliance with the intent and purpose of this code but may be to a lesser extent than required by the city code; and

c. Such modification(s) does not lessen health, accessibility, life and fire safety or structural requirements.

The details of the written request for and action granting modifications shall be entered in the project file with the building division of the community development department.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Subsection 101.10 of the 2025 California Green Building Standards Code is amended, including the addition of a new Table 101.10 and new subsections 101.10.1 through 101.10.3.2, to read as follows:

101.10 Mandatory requirements. This code contains the minimum mandatory green building measures required per Table 101.10 (Mandatory Green Building Requirements). All construction in the city must comply with the mandatory measures of the 2025 California Building Standards Code as adopted and in effect, in addition to the local amendments in this Chapter, including:

a. All residential and nonresidential new construction regardless of building height, number of stories, or number of units; and

b. Residential and nonresidential building additions and alterations in existing buildings as described in this Article.

Table 101.10 Mandatory Green Building Requirements

101.10.1 Alternate green building requirements. If an applicant proposes to use an alternate green building standard not included in this code, the applicant must demonstrate that the alternate standard is, at minimum, equivalent to the referenced standard in terms of criteria, scope, and certification process. The building official must approve the alternate standard prior to permit issuance.

101.10.2 Certification. The city does not require projects to be certified by a third-party green building organization unless certification is required per zoning regulations (e.g. Precise Plan) or a condition of approval for a zoning permit. Applicants must demonstrate the project meets the intent of the required standard through documentation and verification consistent with the criteria and documentation process of the respective green building rating system. This includes meeting all mandatory prerequisites and minimum point of totals of each category, if required by the rating system.

101.10.3 Hardship or infeasibility exemption. If a circumstance exists that make it a hardship or infeasible to meet the requirements of this code, the applicant may request an exemption. The applicant must still comply with the mandatory measures of the California Green Building Standards Code and can only receive an exemption from local city amendments. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility, where no reasonable alternative that meets the intent of the code requirement can be met. An exemption will only be granted in unusual circumstances where, due to exceptional characteristics of the structure or property involved, a literal enforcement of this code will result in practical difficulties or unnecessary hardships, provided that no such exception will be contrary to the intent of this code.

101.10.3.1 Proof of hardship or infeasibility. The applicant shall submit a letter indicating the maximum threshold of compliance that is feasible for the project and the circumstances that create a hardship or make it infeasible to comply fully with this code, including any alternatives considered but not feasible.

101.10.3.2 Approval or denial of exemption. The building official will review the materials submitted per Section 101.10.3.1 and determine if it is infeasible for the project to comply fully with this code and approve an alternative requirement. This alternative requirement can be the amount of green building measures required. For all approved exemptions, the project must continue to comply with the minimum requirements of the adopted California Green Building Standards Code (Title 24, Part 11) and the California Energy Code (Title 24, Part 6).

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Subsection 102.1 of the 2025 California Green Building Standards Code is amended to read as follows:

102.1 Submittal documents. Construction documents, plans, and other data shall be submitted with each application for a permit. Where special conditions exist, the enforcing agency is authorized to require additional construction documents to be prepared by a licensed design professional and may be submitted separately.

When submitting for a permit for a project regulated by this code, the applicant shall submit the following materials:

a. The appropriate completed green building checklist;

b. Project construction documentation (plans and specifications) that verifies incorporation of the design and construction-related credits;

c. A letter of acknowledgement from the applicant, licensed professional, or qualified green building professional indicating the project has been designed to achieve the sustainability standards defined in this code and in accordance with the approved green building checklist. The letter shall indicate the number of points the project has been designed to achieve;

d. Any additional documentation such as maps, calculations, or product information that would be required by the U.S. Green Building Council's Green Building Certification Institute for LEED™ certification or by Build It Green for GreenPoint Rated certification or the applicable green building system; and

e. Any additional information relevant to determine a good-faith effort has been made to comply with this code.

Exception: The enforcing agency is authorized to waive the submission of construction documents and other data not required to be prepared by a licensed design professional.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Add new subsections 102.3.1 through 102.3.3 to subsection 102.3 (Verification) of the 2025 California Green Building Standards Code to read as follows:

102.3.1 Self-verification. The burden of proving compliance with this code is on the applicant. The verification professional must provide evidence of adequate green building compliance or documentation to the city to satisfy the requirements of this code.

102.3.2 Verification professional. The applicant or industry professional filing on behalf of the applicant must be the individual who verifies the project complies with the requirements of this code.

a. For residential additions and nonresidential tenant improvements, including mixed-use, regulated by this code, this individual can be a licensed industry professional, an authorized tenant, or the property owner.

b. For all nonresidential and residential new construction projects regulated by this code, this individual must be a qualified green building professional with an industry license, such as an architect or contractor, or a professional with similar qualifications acceptable to the building official.

101.3.3 Noncompliance. If, as a result of any inspection, the city determines the project does not or is unlikely to comply with the approved plans or green building program, a stop work order shall be issued if the building inspector determines that continuation of construction activities will lessen the project's ability to meet the required compliance threshold. The stop work order shall remain in effect until the building official determines the project will be brought into compliance with the approved plans and/or verification documents.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)