San Luis Obispo County Municipal Code § 19.08.070 Administrative procedures

The purpose of this chapter is to enhance the long-term public health, welfare, and improve the environmental and economic health of the county. The provisions referenced in this chapter are designed to achieve the following objectives in support of the stated purpose:

(1) Increase energy efficiency in buildings;

(2) Encourage water and resource conservation;

(3) Reduce waste generated by construction projects;

(4) Reduce long-term building operation and maintenance costs;

(5) Improve indoor air quality and occupant health; and

(6) Contribute to meeting the state and local commitments to reduce greenhouse gas production and emissions.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The provisions of this chapter shall apply to all construction or development projects defined as a "covered project" effective January 1, 2014.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The following standards apply to all residential construction in addition to the minimum Cal Green requirements:

(1) New homes greater than two thousand five hundred square feet, shall submit a green building checklist from the list below, to include on the building plans. Third-party inspection or certification is not required. At construction, the Architect or Engineer of record shall provide a letter confirming achievement of the points or credits being pursued:

a. Green Point Rated, achieving a minimum of seventy-five points. The project shall include the program's prerequisites except in regards to energy; the project is not required to exceed current Title 24 Part 6 energy requirements as a part of this checklist.

b. LEED for homes achieving a minimum of forty points. The project shall include the program's prerequisites except in regards to energy efficiency; the project is not required to exceed current Title 24 Part 6 energy requirements as a part of this checklist.

(2) Outdoor Fireplaces and Space Heaters Connected to Natural Gas, Propane or Electricity. All outdoor non-renewable sources of heat shall be on mechanical timers with a maximum of four hours' time limit. Exception: Portable propane heaters with tanks five gallons or less.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3482, § 1, 11-8-22)

The following standards apply to all non-residential construction in addition to the minimum Cal Green requirements:

(1) New Construction: Non-residential projects project greater than ten thousand square feet shall submit a green building checklist from the list below, to include on the building plans. Third-party inspection or certification is not required. At construction the Architect or Engineer of record shall provide a letter confirming achievement of the points or credits being pursued:

a. Projects shall be LEED Certified, achieving a minimum forty points. The project is not required to exceed current Title 24 Part 6 energy requirements as part of this credit.

b. CAL Green Tier 1; the project is not required to exceed Title 24 Part 6 energy requirements as part of this checklist.

(2) Outdoor Fireplaces and Space Heaters Connected to Natural Gas, Propane or Electricity. All outdoor non-renewable sources of heat shall be on mechanical timers with a maximum of four hours' time limit. Exception: Portable propane heaters with tanks five gallons or less.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3482, § 1, 11-8-22)

(1) Persons applying for a permit from the County of San Luis Obispo for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply.

Project applicants shall refer to County of San Luis Obispo Ordinance, Title 19—Buildings and Construction Chapter 19.08—Green Building Standards for complete CALGreen requirements.

(2) For projects covered by CALGreen or more stringent requirements of the County of San Luis Obispo, the applicants must, as a condition of the County of San Luis Obispo's permit approval, comply with the following:

a. Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three or more-container collection program offered by the County of San Luis Obispo, or comply with provision of adequate space for recycling for multi-family premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2023.

b. New commercial or multi-family construction or additions resulting in more than thirty percent of the floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three or more-container collection program offered by the County of San Luis Obispo, or shall comply with provision of adequate space for recycling for multi-family premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2023.

c. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with County of San Luis Obispo Ordinance, Title 19—Buildings and Construction Chapter 19.08—Green Building Standards, and all written and published County of San Luis Obispo policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(3) Waste Recycling.

a. All new construction, alterations and additions, demolitions, including county projects, shall be required to divert at least seventy-five percent, with a goal to increase diversion to eighty percent (as local recycling facilities are available), for all project construction and demolition debris.

b. Applicants shall complete and submit a waste management recycling plan at construction permit application submittal. The applicant shall include:

1. The project owner, project location, and project contractor;

2. The total size (square footage) of the demolition and/or construction portions of the project, including any asphalt or concrete work;

3. The estimated volume or weight of project construction and demolition debris, by materials type, to be generated, using standard generation rates provided by the chief building official;

4. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

5. The vendor or facility that the applicant/contractor proposes to use to collect or receive that material; and

6. The estimated volume or weight of construction and demolition debris that will be landfilled.

c. Prior to receiving final inspection or notice of completion for the project the applicant/contractor shall submit a recycling and disposal report which documents that the diversion requirement for the project has been met. The diversion requirement is satisfied if the applicant/contractor has diverted at least seventy-five percent of the total construction and demolition debris generated by the project via reuse or recycling, unless an exemption has been granted pursuant to Section 19.08.090 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the department of planning and building. The disposal report documentation shall include all of the following:

1. All receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

2. Any photographs that document the reuse of materials on site;

3. A completed disposal report section showing the actual volume or weight of each material diverted and landfilled;

4. Any additional information the applicant/contractor believes is relevant to determining its efforts to comply in good faith with this chapter.

d. Applicants or contractors shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be measured by weight on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant/contractor shall use the standardized conversion rates approved by the chief building official for this purpose.

e. Applicants who fail to satisfy the seventy-five percent diversion requirement in Section 19.08.060 may be subject to withholding of final building permits, withholding of final building occupancy, administrative fines, or further enforcement action, unless an exemption has been granted pursuant to Section 19.08.090 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the department of planning and building.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3465, § 1, 12-14-21; Ord. No. 3482, § 1, 11-8-22; Ord. No. 3560, § 1, 12-9-25)

The procedures for compliance with the provisions of this chapter shall include, but not be limited to, the following:

(1) Planning Applications: If a discretionary land use permit is required for a covered project, applicants should be prepared to identify expected green building measures to be included in the project to achieve the compliance thresholds. Applicants should identify any anticipated difficulties in achieving compliance and any exemptions from the requirements of this chapter that may be requested. If the project is over ten thousand square feet and commissioning is required, then the owner project requirements (OPR) shall be submitted prior to the land use permit approval.

(2) Building Plan Check Review: Upon submittal of an application for a building permit, building plans for any covered project shall include a green building program description and completed checklist. The checklist shall be incorporated onto a separate full-sized plan sheet included with the building plans. An approved third party verifier shall be noted on the plans prior to permit issuance if applicable.

(3) Changes During Construction: During the construction process, alternate green building measures may be substituted, provided that the qualified professional provides documentation of the proposed change and the project's continued ability to achieve the standards for compliance to the chief building official.

(4) Final Building Inspection: Prior to final building inspection and occupancy for any covered project, a qualified professional shall provide evidence that project construction has achieved the required compliance set forth in the standards for compliance outlined in Section 19.04.140. The contractor shall provide the completed Green Building Ordinance Checklist to the building inspector.

(5) Conflict with Other Laws: The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government of the State of California, the federal or state statutes or regulations shall take precedence.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3482, § 1, 11-8-22)

Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing and processed in accordance with the provisions of this title.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

(a) The provisions of this chapter shall not apply to:

(1) Buildings which are temporary (such as construction trailers).

(2) Building area which is not or is not intended to be conditioned space.

(3) Any requirements of this chapter which would impair the historic integrity of any building listed on a local, state or federal register of historic structures, as determined by the chief building official. In making such a determination, the chief building official may require the submittal of an evaluation by an architectural historian or similar expert.

(4) Improvements and project valuation related to seismic or disabled access, building replacement due to catastrophic loss due to flood or earthquake damage or installation of renewable energy systems.

(b) Hardship or Infeasibility Exemption: If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

(1) Application: The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility shall include, but are not limited to, the following:

a. There is a conflict between the provisions of the applicable green building rating system and the California Building Standards Code, other State code provisions, other requirements of this Title or conditions imposed on the project through a previously approved planning application;

b. There is a lack of commercially available green building materials and technologies to comply with the green building rating system;

c. That the cost of achieving compliance is disproportionate to the overall cost of the project;

d. That physical conditions of the project site make it impractical to incorporate necessary green building measures or achieve the standards for compliance;

e. That compliance with certain requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures;

(2) Granting of exemption: If the chief building official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter, the chief building official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the chief building official shall consider whether alternate, practical means of achieving the objectives of this chapter can be satisfied, such as reducing comparable energy use at an offsite location within the county. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the chief building official.

(3) Denial of exception: If the chief building official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the applicant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)