§ 19.08.090. Exemptions.

(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)