ORDINANCE NO. 22-_____
Ordinance Of The City Council Of The City Of Emeryville Amending The Planning Regulations By Adding Mass Timber Construction As A Community Benefit Eligible For Development Bonus Points In Section 9-4.204(e) of the Emeryville Municipal Code. CEQA Determination: Exempt Under Section 15061(b)(3) WHEREAS, mass timber is an umbrella term for engineered wood products with high strength ratings; and
WHEREAS, mass timber is significantly lighter in weight than steel and concrete, and is made of renewable materials; and
WHEREAS, mass timber framing for buildings up to 18 stories in height was added to California Building Code with an effective date of July, 2021; and WHEREAS, the benefits of mass timber construction in place of traditional steel-andconcrete construction include faster and less disruptive construction, improved wildfire prevention through increased forest thinning of smaller-diameter trees; and WHEREAS, the climate impacts of the use of mass timber in place of traditional steeland-concrete construction include substantial improvements in greenhouse gas emissions and carbon sequestration; and
WHEREAS, mass timber construction has fewer negative impacts on the environment including on greenhouse gas emissions, energy use, air quality, and water quality; and WHEREAS, offering development bonus points under Section 9-4.204(e) of the Emeryville Municipal Code for construction with mass timber in place of steel and concrete can lead to fewer community impacts from construction, and help grow the market for and use of mass timber construction products; and WHEREAS, on March 10, 2022, the Sustainability Committee approved this proposal as presented and directed staff to bring the proposal to the Planning Commission for discussion; and
WHEREAS, the Planning Commission held a study session on the proposal on April 28, 2022 and directed that the proposed amendments to the Planning Regulations be brought back for a public hearing; and
WHEREAS, the Emeryville Planning Commission held a duly and properly noticed public hearing on the proposed amendment to the Planning Regulations on May 26, 2022 to solicit public comments and review and consider the proposed amendment and then voted unanimously to recommend that the City Council adopt the amendment; and WHEREAS, the City Council held a duly and properly noticed public hearing on the proposed amendment to the Planning Regulations on July 5, 2022 to solicit public comments and review and consider the proposed amendment; and DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto and all public comments for the proposed amendment to the Planning Regulations as set forth in this Ordinance and the applicable standards of the Emeryville Planning Regulations (“the Record”);
NOW, THEREFORE, THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to adopt amendments to Section 9-4.204, “Development Bonuses,” of Article 2 of Chapter 4 of Title 9 of the Emeryville Municipal Code to provide for community benefit development bonus points for construction with mass timber in place of steel and concrete construction.
SECTION TWO. REQUIRED FINDINGS FOR ADOPTING ORDINANCE
The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:
a) That the proposed amendment is consistent with the General Plan; The proposed amendment to the Planning Regulations to add mass timber construction to Table 9-4.204(e) as a community benefit eligible for development bonus points is consistent with the following goal and policy of the General Plan:
Goal ST-G-8 “Environmentally-friendly and energy efficient buildings and landscaping – Green building and Bay-Friendly Landscaping practices throughout Emeryville in new construction, redevelopment and retrofit projects.”
Policy ST-P-6 “The City shall collaborate with residents, businesses, and other members of the community, including architects, builders and contractors, to encourage private development within the City to use green building methods and practices …”
The climate impacts of the use of mass timber in place of traditional steeland-concrete construction include substantial improvements in greenhouse gas emissions and carbon sequestration. Mass timber construction has fewer negative impacts on energy use, air quality, and water quality.
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
b) That the proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public;
The proposed amendment will benefit the public by encouraging a construction method that is significantly lighter in weight than steel and concrete, and is made of renewable materials. The benefits of mass timber construction in place of traditional steel-and-concrete construction include faster and less disruptive construction, and improved wildfire prevention through increased forest thinning of smaller-diameter trees. Offering development bonus points for construction with mass timber in place of steel and concrete can lead to fewer community impacts from construction and help grow the market for, and use of, mass timber construction products.
c) That the proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
The proposed amendment is exempt from the California Environmental Quality Act (CEQA) under the “common sense exemption” at Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment.
(d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
No changes to the Zoning Map in Figure 3.103(a) or the Zoning Overlay Map in Figure 9-3.103(b) of the Planning Regulations are proposed.
SECTION THREE. AMENDING SECTION 9-4.204 OF THE EMERYVILLE MUNICIPAL CODE, “DEVELOPMENT BONUSES”
Section 9-4.204(e) of the Emeryville Municipal Code, “Development Bonuses,” is hereby amended as follows. Additions are in double underline text. Deletions are in strikeout text. Those portions not specifically amended remain unchanged.
CHAPTER 4. SITE DEVELOPMENT REGULATIONS
ARTICLE 2. BUILDING INTENSITY, HEIGHT AND RESIDENTIAL DENSITY 9-4.204 Development Bonuses.
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
(e) Community Benefits. No more than half of the bonuses points required for the project, as calculated pursuant to subsection (c)(1) above, may be earned through the provision of community benefits. The maximum number of points that may be awarded for each community benefit, the calculation method, and other requirements are as shown in Table 9-4.204(e):
Table 9-4.204(e): Community Benefits and Bonus Points
Community
Benefit
Maximum
Points
Point Calculation Requirements
(1) Public
Open Space 50 15% of site area or 2,000
square feet, whichever is
greater: 50 points
Must be in addition to what is
required by Article 3 of this
chapter. Design must comply
with applicable provisions of the
Emeryville Design Guidelines
and be approved as part of
design review for the project.
Open space must be accessible
to the general public at all times.
Provision must be made for
ongoing operation and
maintenance in perpetuity.
10% of site area or 1,500
square feet, whichever is
greater: 35 points
5% of site area or 1,000
square feet, whichever is
greater: 20 points
Contribution to Citywide
Parks Fund: 10 points for
every 1% of project
construction valuation up
to 50 points
Contribution must be made prior
to issuance of building permit.
(2) Zero Net
Energy 50
100% of energy load (zero
net energy): 50 points
Percent of total building energy
load measured as kilowatt per
square foot provided by solar
panels, wind turbines, or other
renewable sources.
(3) Public
Improvements 50 10 points for every 1% of
project construction
valuation up to 50 points
Does not include improvements
along project frontage that are
normally required. Examples
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
Community
Benefit
Maximum
Points
Point Calculation Requirements
include curb, gutter, and
sidewalk; pedestrian and bicycle
paths; sanitary and storm
sewers; and street trees, beyond
what would normally be
required.
(4) Utility
Undergrounding 50 Contribution to Citywide
Underground Utility Fund:
10 points for every 1% of
project construction
valuation up to 50 points
Does not include utility
undergrounding that is normally
required.
(5) Additional
Family-Friendly
Units
50 5 points for each additional
5 percent of total units that
have 2 or more bedrooms,
of which at least 1 percent
of total units must have 3
or more bedrooms
2- and 3-bedroom units are in
addition to those required by
Section 9-5.2003, and must
comply with the applicable
provisions of the Emeryville
Design Guidelines pertaining to
family-friendly residential unit
design.
(6) Small
Businesses 50 Contribution to Citywide
Fund to Support Small
Local-Serving Businesses:
10 points for every 1% of
project construction
valuation up to 50 points
Contribution must be made prior
to issuance of building permit.
(7) Mass
Timber
Construction
50 Decking: 8 points per 10%
of total deck area
constructed with mass
timber, including roof but
not including slab on grade
Mass Timber Construction of
buildings eighty-five feet in
height or taller, defined as
“Structural elements made
primarily from built-up, panelized
or engineered wood products.
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
Community
Benefit
Maximum
Points
Point Calculation Requirements
Framing: 2 points per 10%
of total internal floor area
constructed with mass
timber
Concrete topping: 10
points deducted per 0.5
inches of Portland cementbased concrete topping on
mass timber deck
Products covered by this
definition include, but are not
limited to, glue-laminated timber,
cross-laminated timber, naillaminated timber, dowellaminated timber, and mass plywood. Heavy timber is
allowable only if salvaged.”
Calculations based on total
internal floor area, excluding
parking and loading areas.
Concrete and other cementbased products used as topping over the mass timber deck are
only subject to the point
deduction if they contain more
than 260pcy of cement. The
deduction for products with more
than 260pcy of cement may only
be adjusted if a product-specific
environmental product
declaration that shows a global
warming potential of less than
313 kg CO2e/m3.
(78) Flexible
Community
Benefit
50 The City Council shall
determine the number of
points to grant for the
proposed community
benefit based on 10 points
for every 1% of project
construction valuation
Currently undefined community
benefit proposed by the
applicant that is significant and
substantially beyond normal
requirements. An example
would be universal design
features beyond those required
by applicable building codes.
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
SECTION FOUR. CEQA DETERMINATION
The City Council finds, pursuant to Title 14 of the California Code of Regulations, that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment.
SECTION FIVE. SEVERABILITY
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause and phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.
SECTION SIX. CODIFICATION
Section Three of this Ordinance shall be codified in the Emeryville Municipal Code.
Sections One, Two, Four, Five, Six and Seven shall not be codified.
SECTION SEVEN. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE Ordinance No. 22-_____
Mass Timber Construction Development Bonus Points
City Council Meeting | July 5, 2022
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 5, 2022, and PASSED AND DOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 19, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 2A94F50E-F632-4FD6-8647-0B248D5E67FE