Palo Alto Municipal Code Part 4 Local Modifications to CHAPTER 3 - GREEN BUILDING

Section 301 of Chapter 3 of the California Green Building Standards Code is amended to read:

SECTION 301 GENERAL

301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code and any applicable local amendments. In addition, the city requires the use of Voluntary Tiers, as provided in Appendices A4 and A5, for certain residential and non-residential new construction, additions, and alterations.

Projects that only trigger mandatory measures are not required to fulfill Tier 1 or Tier 2 measures in Appendix A4 and A5.

To achieve Tier 1 status, a project must comply with measures identified in Appendix A4, Division A4.6, Section A4.601.4 for residential projects and Appendix A5, Division A5.6, Section A5.601.2 for non-residential projects. Projects subject to Tier 1 must fulfill all mandatory measures, all Tier 1 prerequisite measures and a defined number of Tier 1 elective measures.

To achieve Tier 2 status, a project must comply with requirements identified in Appendix A4, Division A4.6, Section A4.601.5 for residential projects and Appendix A5, Division A5.6, Section A5.601.3 for non-residential projects. Projects subject to Tier 2 must fulfill all mandatory measures, all Tier 2 prerequisite measures and a defined number of Tier 2 elective measures.

301.1.1 Residential additions and alterations. [HCD]

The Mandatory provisions of Chapter 4 shall be applied to additions and/or alterations of existing residential buildings where the addition and/or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.

Tier 1 adopted (Residential). All residential building additions and/or alterations exceeding 1,000 square feet must meet CALGreen Mandatory plus the Tier 1 measures, as amended by this chapter and as applicable to the scope of work.

For Tier 1 projects, the area of alterations will include any construction or renovation to an existing structure other than repair or addition. Alterations include raising the plate height, historic restoration, changes or rearrangements of the structural parts or elements, and changes or rearrangement of bearing walls and full height partitions.

Normal maintenance, reroofing, painting or wall papering, floor finishes, replacement in kind of mechanical, plumbing and electrical systems, or replacing or adding new kitchen counter and similar furniture, plumbing fixture to the building are excluded for the purposes of establishing scope of Tier 1 projects.

The area of alteration should be limited to the footprint of element(s) being altered.

This does not exclude mandatory CALGreen measures. The sum of the footprint of the elements being altered with respect to Tier 1, shall be calculated using the following methodology:

1. Raising the plate height: The calculation with respect to raising of the plate height will be based on the area of the footprint in which the plate height is being increased. Plate height means the vertical distance measured from the top of the finished floor to the top of the plates.

2. Historic restoration: The calculation with respect to historic restoration will be based on the area of work covered in the California Historical Building Code (Title 24, Part 8).

3. Structural parts or elements: The calculation with respect to changes or rearrangements of the structural parts or elements will be based on the sum of the individual footprints of each structural change or rearrangement. The footprint shall be calculated based on the proposed design and inclusive of any demolished structural parts or elements.

4. Bearing walls and full height partition: The calculation with respect to changes or rearrangement of walls and full height partitions will be based on the footprint of any demolished wall or full height partition and any new wall or new full height partition.

Exception: Attached and detached Accessory Dwelling Units, ADU conversions of existing structures shall meet the California Green Building Standards Code Mandatory measures only.

301.1.2 Substantial remodel (50-50-50 rule). Any project that affects the removal or replacement of 50% or more linear length of the existing exterior walls of the building, 50% or more linear length of the existing exterior wall where the plate height is raised, or 50% or more of the existing roof framing area is removed or replaced, over a 3-year period is considered a substantial remodel.

Any permit(s) applied for will trigger a review of a 3-year history of the project. This review will result in determining if a substantial remodel has occurred.

The Chief Building Official or designee shall make the final determination regarding the application if a conflict occurs.

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301.2 Low-rise and high-rise residential buildings. [HCD] The provisions of individual sections of CALGreen may apply to either low-rise residential buildings, high-rise residential buildings, or both. Individual sections will be designated by banners to indicate where the section applies specifically to low-rise only (LR) or high-rise only (HR). When the section applies to both low-rise and high-rise buildings, no banner will be used.

301.2.1 Low-Rise residential new construction - Tier 2 adopted. All new constructed or substantial remodel projects must meet CALGreen Mandatory plus Tier 2 measures, as amended by this chapter and as applicable to the scope of work.

301.3 Non-residential additions and alterations. [BSC-CG]

The provisions of individual sections of Chapter 5 apply to building non-residential additions of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building Standards Commission). Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.

A code section will be designated by a banner to indicate where the code section only applies to newly constructed buildings [N] or to additions and alterations [A]. When the code section applies to both, no banner will be used.

Tier 1 adopted. Non-residential alterations (including tenant improvements or renovations) of 5,000 square feet that include replacement of at least two of the following: HVAC system, building envelope, hot water system, or lighting system, must comply with CALGreen Mandatory plus Tier 1 measures, as amended by this chapter and as applicable to the scope of work.

Tier 1 alternative compliance path. Non-residential alterations projects that would otherwise be subject to CALGreen Mandatory plus Tier 1 measures may elect an alternative compliance pathway by achieving LEED® Silver certification or higher from the U.S. Green Building Council. The Green Business Certification Inc. (GBCI™) shall serve as the independent third party certification body responsible for reviewing project documentation, conducting compliance verification, and issuing official LEED® certification. Projects electing this pathway are exempt from all individual Tier 1 CALGreen prerequisite and elective requirements with exception of the following:

PAMC 16.14.430 Section A5.408 Construction Waste Reduction, Disposal and Recycling.

Projects must maintain compliance with all applicable base CALGreen mandatory measures and building code requirements.

Tier 2 adopted. Non-residential additions of 1,000 square feet or greater must comply with CALGreen Mandatory plus Tier 2 measures, as amended by this chapter and as applicable to the scope of work.

Tier 2 alternative compliance path. Non-residential additions of 1,000 square feet or greater that would otherwise be subject to CALGreen Mandatory plus Tier 2 measures may elect an alternative compliance pathway by achieving LEED® Gold certification or higher from the U.S. Green Building Council. The Green Business Certification Inc. (GBCI™) shall serve as the independent third party certification body responsible for reviewing project documentation, conducting compliance verification, and issuing official LEED® certification. Projects electing this pathway are exempt from all individual Tier 2 CALGreen prerequisite and elective requirements with exception of the following:

PAMC 16.14.430 Section A5.408 Construction Waste Reduction, Disposal and Recycling.

Projects must maintain compliance with all applicable base CALGreen mandatory measures and building code requirements.