Article V — Construction Phase

A.

Green Building Documentation. Construction phase - permitting and inspection submittals shall include:

Construction Phase—Permitting.

a.

All required documentation for the 2008 California Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code compliance.

b.

A completed copy of the applicable checklist(s) approved during the entitlement phase, unless modified under Subsection 18.02.150 C.

c.

Permit plans shall indicate in general notes, detailed design drawings and construction specifications as necessary, the green building measures used to achieve the required minimum requirements. The green

building documentation shall indicate how many points the project will achieve in each category pursuant to the appropriate rating system.

d.

A copy of the signed statement by the Green Building Certifier submitted during the entitlement phase and a new signed statement by the Green Building Certifier that the project complies with the minimum requirements of this Chapter.

e.

Any other green building documentation required by the Green Building Compliance Officer to determine compliance with this Chapter.

Construction Phase—Inspections.

a.

A completed copy of the applicable checklist(s) submitted in subsection 1. above, unless modified under Subsection 18.02.150 C.

b.

Any other green building documentation required by the Green Building Compliance Officer to determine compliance with this Chapter.

c.

Signed statement or statements by the Green Building Certifier during all relevant phases of construction, as determined by the Green Building Compliance Officer, that the project complies with the minimum requirements of this Chapter.

B.

Peer Review of Green Building Documentation. The Green Building Compliance Officer reserves the right during the construction phase, to retain an independent, green building qualified peer review of the green building documentation at the sole expense of the applicant.

C.

Substitution of Credits. During the construction phases for permitting and/or inspections, flexibility may be exercised by the applicant to substitute or eliminate points approved during the entitlement phase as applicable. Substitution and/or omission shall occur only at the request of the applicant. The applicant shall submit, per the request for revision plancheck process, additional green building documentation indicating the points to be substituted or omitted for review and approval. Substitution and/or omission of points shall only be permitted if it does not result in lowering the required minimum point threshold or eliminate points needed in each category pursuant to the appropriate rating system and as verified by the Green Building

Certifier. In the case of construction involving Historic Resources, the new substituted points will require re- review and approval by the Historic Preservation Planner.

(Ord. No. 13040, § 4, 10-19-2010)

A.

Approval of Documents. The Green Building Compliance Officer or designees shall be responsible for verifying compliance with the minimum requirements for this Chapter based on the green building documentation submitted during the following construction phases:

Construction Phase—Permitting. The green building documentation, provided under Section 18.02.150, unless modified by Subsection 18.02.150 D., shall be reviewed during the permit review process and a permit shall be issued based on conformance to the applicable minimum requirements. Wherever the LEED or GreenPoint Rated systems include a minimum energy or other performance requirement, the applicant may choose at permit submittal to meet the minimum performance requirements by demonstrating, using the 2008 Title 24 Building Energy Efficiency Standards, that the TDV energy of the proposed design is at least 15.0 percent less than the TDV energy of the standard design. In the Percent-Better-Than-Title 24 calculation, process and receptacle energy components may be excluded in nonresidential occupancies; and in high-rise residential occupancies, process, receptacle and lighting energy components may be excluded.

Construction Phase—Inspections. The Green Building Compliance Officer or a designee shall verify that the green building measures and provisions indicated in the green building documentation submitted during the entitlement and construction phase - permitting are implemented through inspections during the construction of the project. In lieu of or in addition to visual inspections by the Green Building Compliance Officer, the applicant, through the Green Building Certifier, may submit green building documentation verifying that green building measures have been implemented in compliance with the minimum requirements of this Chapter.

B.

Non-Approval of Documents.

Construction Phase—Permitting. If during the permitting stages, the Green Building Compliance Officer determines that the green building documentation fails to achieve the minimum requirements, the Green Building Compliance Officer shall reject and return the green building documentation to the applicant, including a detailed explanation for rejection and measures required to conform to this Chapter. The applicant may resubmit the green building documentation with such modifications and additions as may be required for permitting issuance.

Construction Phase—Inspections. If the Green Building Compliance Officer determines that the project under construction does not comply with any portion of the approved green building documentation showing compliance with the minimum requirements, a stop work order may be issued. At the discretion of the Green Building Compliance Officer, the stop work order may apply to the portion of the project that is not in compliance or to the entire project. The stop work order shall remain in effect until the Green Building Compliance Officer determines that the project is in compliance with the requirements and the provisions of this Chapter as shown on the approved green building documentation.

(Ord. No. 13040, § 4, 10-19-2010)

A.

Final Determination of Compliance and Building Occupancy. Prior to signing a building permit by the Building Official and issuing of a temporary certificate of occupancy, the applicant must also submit a signed statement by the Green Building Certifier that the project meets the minimum requirements of this Chapter. The Green Building Compliance Officer may also review the verification documentation submitted by the Green Building Certifier and determine whether the applicant has achieved the minimum requirements as set forth in this Chapter.

(Ord. No. 13040, § 4, 10-19-2010)

A.

General. In order to hear and decide appeals of orders, decisions or determinations made by the Green Building Compliance Officer during the construction phase permitting and inspections process, relative to the application and interpretation of the non-administrative sections of this Chapter, the record title holder may request an administrative hearing with a hearing officer. The request shall be filed in writing with the Green Building Compliance Officer within 21 calendar days following said rendering. The request for an administrative hearing shall contain a brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the protested order, decision, or determination should be modified or reversed or otherwise set aside.

B.

Hearing. After receiving a written request and the required fee for an administrative hearing, the Green Building Compliance Officer shall fix a date, time and place for adjudication by a hearing officer during the construction phase permitting and inspections process. Only those technical matters or issues specifically raised by the appellant in the request shall be considered in the administrative hearing.

C.

Hearing Officer. In cases of a construction phase permitting and inspections process appeal, the hearing officer shall not be an employee of the City and shall be qualified by experience and training to adjudicate

matters pertaining to the provisions of this Chapter. The hearing officer shall have no authority relative to interpretations of the administrative (non-technical) provisions of this Chapter and shall not be empowered to waive or otherwise set aside the non-administrative (technical) provisions of this Chapter.

D.

Effect of Hearing. Decisions of either the City Planning Commission or the hearing officer in all instances shall be final and conclusive. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petitions filed seeking judicial review of decisions by either the City Planning Commission or the hearing officer.

(Ord. No. 13040, § 4, 10-19-2010)