.01 MCA-2010-04 Green Building Ordinance OFFICE OF COMTZUNITY DEVELOPMENT
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CITY HALL
10300 TORRE AVE=JUE • CUPERTIlVO, CA 950143255
C U P E I�T 1 N 4 (408) 777-3308 • FA X(408) 777-3333 • planningC«�cupertino.or�
PLANNING COMM:[SSION STAFF REPORT
Agenda Item No. 1• Agenda Date: November 9, 2010
, Application: MCA-2010-04
Applicant: City of Cupertino
Location: Citywide
APPLICATION SUMMARY
Green Building Ordinance - Consent Item
RECOMMENDATION
Staff recommends that the Planning Conimission review Resolution No. 6615 with the
attached draft Green Building Ordinance �s amended and recommended for approval by
the Planning Commission on October 26, :'_010.
DISCUSSION
As requested by the Planning Commissio n, staff has attached Resolution No. 6615 which
includes the draft Green Building Ordina:lce incorporating the changes as recommended
for approval by the Planning Commission on a 3-2 vote (Chair Brophy and Commissioner
Miller voted no).
In addition to the changes that have been incorporated into the draft Ordinance, the
Commission also made the following recommendations to the City Council:
1. Effective Date under Section 19.78.04 J: Recommend that the City Council insert a
specific date six (6) months from ado��tion of the ordinance (to start from the first of
the month).
2. � Planning Entitlements: Recommend that planning approvals/entitlements not be
exempt from the ordinance. As indic ated at the meeting, once the Green Building
Ordinance has been adopted, staff intends to send notices to all project applicants
with active planning approvals to let tliem know of the new requirements.
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MCA-2010-04 Green Builcling Ordinance October 26, 2010
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3. Incentives:
a. Automatic Incentives: Recommend building permit fee reductions only if the City
Council determines there is funding available to accommodate this and the
Council sets the amount.
b. Discretionary Incentives: Recomrr.end not including an incentive for increased
FAR (floor area ratio) allowance.
c. Consider the following alternative i�eas:
i. An expedited plan check proces;; moving exemplary standard projects ahead of
the plan check line.
ii. Look at disincentives such as re��uced FARs for projects that are not exemplary
under the Green Building Ordinance
iii. Look at incentives such as reclucing Below Market Rate (BMR) units/fees,
grading bonds, and story pole rE�quirements (for R1 projects).
Staff notes that (ii) and (iii) would reqicire review of other documents such as the General
Plan Housing Element for the BMR, Si�bdivision Ordinance for grading bonds and Single-
Family (R1) zone requirements for ston� poles and would be separate projects in themselves
with extensive public participation, noti �ing and/or review for consistency with State laws.
4. Deposit: Recommend a$2,000 refunciable deposit for single-family residential, but
keep the other fees as staff had recommended that are commensurate with the
certification fees.
Next Steps
The Planning Commissiori s recommendations, including both the draft Green Building
Ordinance and items listed above, will be forwarded to the City Council when the
Council holds its public hearing on the C reen Building Ordinance. It is anticipated the
Green Building Ordinance will be schedul �d in January for a City Council meeting.
Prepared by Aki Honda Snelling, AICP, Sf �nior Planner
Reviewed by: Approved by:
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Gary Chao Aarti Shri astava
City Planner Community Development Director
ATTACHMENTS
Attachment 1 Resolution No. 66:.5
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ATTACHMENT 1
MCA-2010-04
CITY OF C:UPERTINO
10300 To �re Avenue
Cupertino, C alifornia 95014
RESOLUTI �N NO. 6615
OF THE PLANNING COMMISSI �N OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY CO�JNCIL APPROVE THE MUNICIPAL CODE
AMENDMENT TO CREATE CHAP'I ER 19.78 (GREEN BUILDING) OF THE
CUPERTINO MUNICIPAL CODE
The Planning Commission recommends approval of the proposed amendment to the
City of Cupertino Municipal Code as shown in Attachment A attached herewith.
PASSED AND APPROVED this 26th day of October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Ch� ir Lee, Kaneda, Giefer
NOES: COMMISSIONERS: Chairpei son Brophy, Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Br �hy
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
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ATTACHMENT A
Oxdinance No. XX.?�;aIXX
AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF CUPERTINO
ESTABLISHING CHAPTER 19.78 TO CT.EATE A GREEN BUILDING ORDINANCE
WHEREAS, the Planning Commission co�iducted a properly noticed public hearing on
October 12, 2010;
WHEREAS, the public hearing was continued to and conducted on October 26, 2010;
WHEREAS, the Planning Commission aciopted Resolution #6615 to recommend that
the City Council adopt this ordinan�:e;
WHEREAS, the City Council conducted a properly noticed public hearing on this
ordinance;
WHEREAS, adoption of the ordinance �vill improve the environment and is in the
public interest.
THE CITY COUNCIL OF THE CITY OF ��UPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Pur�ose.
This ordinance establishes a new chapter of the Cupertino Municipal Code to create a
green building ordinance.
Section 2. Code Amendment.
Chapter 19.78, entitled "Green Buildir�g," of the Cupertino Municipal code is
established as shown in Exhibit 1.
Section 3. Severabilifiy.
Should any provision of this Ordinarice, or its application to any person or
circumstance, be determined by a couri of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty days from adoption as provided
by Government Code Section 36937.
Section 5. Certi ication.
The City Clerk shall certify to the passage .�nd adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be put�lished and posted in lieu of publication and
posting of the entire text.
99582.2
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Section 6. CEQA. Because this proje��t will assure the maintenance, restoration,
enhancement, or protection of the envirc nment and does not relax the regulation of
construction activities or standards allowing environmental degradation, this project is
exempt from CEQA pursuant to CEQA Gt.idelines section 15308.
INTRODUCED at a regular meetir.g of the Cupertino City Council the day
of 2010 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2010 by the follc�wing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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EXHIBIT A
City o:' Cupertino
CHAPTER 19.78: GREEN BUILDING
19.78.010 Purpose and Intent
This Chapter is intended to support a"who le systems" approach to the design, construction,
location, and operation of buildings and structures to help mitigate the environmental,
economic, and social impacts of constructic�n, demolition, and renovation of buildings and
structures. The City wishes to promote g� een building practices that T1Lnimi�e the use of
energy, water, and other natural resources �vhile promoting a healthy and productive indoor
environment. The City also wishes to encourage applicants to voluntarily adopt practices that
are more environmentally friendly than the m;n;mum required by this Chapter by providing
incentives for such buildings and structures.
19.78.020 Definitions
The following terms shall have the following �efinitions for purposes of this Chapter:
A. "Building Envelope" means the separation between the interior and the exterior
environments of a building in order t� provide structural integrity, moisture control,
temperature control, and air pressure cc ntrol. The principal physical components of the
building envelope include the foundation roof, walls, and windows.
B. "Decision maker" means the person o r entity with final approval authority over the
underlying project.
C. "Exemplary Standards" mean the stanciards that correspond to the requirements of a
particular project and are listed in columr 2 of the chart that appears in Section 19.78.060.
D. "Green Building Checklist" means a cllecklist, typically with prerequisites and credits
and/or points that is developed by the adniinistrators of green building certification systems
and used to determine whether a develop ment project can achieve certification.
E. "Minimum Standards" mean the xninimt�m standards that apply to a particular project, as
listed in column 1 of the chart in Sectior� 1 a.78.060.
F. "Required Verificatiori' means the standards that correspond to the requirements of a
particular project, as listed in column 3 of the chart in Section 19.78.060, for which
verification procedures are fully set forth :n Section 19.78.070.
19.78.030 Adoption of Green Standards by Reference
The following codes are hereby adopted by reference as they exist at Chapter adoption or as
subsequently amended:
A. GPR (Green Point Rating) Standards. 7'he following Green Building Guidelines that are
administered by Build It Green ("BIG"):
a. Single Family New Home Constructio n.
b. Single Family Home Remodeling.
c. Multifamily New Home Construction
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B. LEED Leadership in Energy and Enviro:lmental Desi�n) Standards. The following rating
systems developed by the U.S. Green Building Council, and administered by the Green
Building Certification Institute (GBCI):
a. LEED for Homes.
b. LEED for New Construction and Majcr Renovation.
c. LEED for Existing Buildings: Operations & Maintenance (EBOM).
d. LEED for Commercial Interiors.
e. LEED for Core and Shell Developmen :.
f. LEED for Schools New Construction and Major Renovation.
g. LEED for Neighborhood Developmen:.
h. LEED for Retail.
i. LEED for Healthcare.
19.78.040 Minimum Requirements
On or after "< �'. ; 2011, the City shall no : issue any building permit unless, in addition to
meeting all other legal requirements, the deci:�ion maker determines that:
A. The project complies with the applicable "minimum requirements" set forth in the first
column of the chart in Section 19.78.060; a1d
B. The project met the applicable required v�rification per Section 19.78.070, unless the project,
or portions of the project, receive an exemption per Section 19.78.090.
19.78.050 Alternate Reference Standards
The decision maker may declare that an�ilternate reference standard is equivalent to the
minimum standards or exemplary standard:� per the chart in Section 19.78.060, if the decision
maker finds that:
A. The applicant has utilized an alternate cornprehensive green building rating system that:
a. Is comprehensive, and applies standa:�ds that are, when taken as a whole, as stringent as
the GPR and LEED standards;
b. Addresses a comprehensive scope of green building issues including energy efficiency,
water efficiency, resource efficient ma :erials, and healthy building practices;
c. Includes a formalized certification prccess that incorporates third party verification; and
d. Includes a set of standards that is comparable to the applicable minimum and/or
exemplary standards.
B. The project will:
1. Meet or exceed the applicable minimu m and/ or exemplary standards.
2. Advance the purposes of this Chapter.
Examples of alternate comprehensive green l�uilding rating systems include but are not limited
to: Living Building Challenge (US), Building Research Establishment Environmental
Assessment Method (UK), and Comprehensi �e Assessment System for Building Environmental
Efficiency (Japan).
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19.78.060. Standards for New Construction, ltenovations and Additions
The following chart lists the standards and reciuired verification that apply for new construction,
renovations and additions.
Column 1 C olumn 2 Column 3
Minimum Standards Exempiary Standards Required Verification
See §19.78.070.
a. Residential
i. Single Family and Multi-
Family homes . GPR minimum 125 pts. Minimum: Formal.
� GPR minimum 85 points or or Exemplary: Formal.
• LEED Certified or • LEED c;old Alternate Reference Standard:
• Alternate Reference Formal.
Standard per Section
19.78.050
b. Non-Residential
i. Less than 10,000 SF.
• CALGreen Mandatory • LEED c;old Minimum: Informal.
Exemplary: Formal.
u. 10,000 - 25,000 SF. Minimum: Informal.
• LEED Certified or • LEED c;old Exemplary: Formal.
• Alternate Reference Alternate Reference Standard:
Standard per Section Formal.
19.78.050
ui. 25,001 or more SF. Minimum: Formal.
• LEED Silver or • LEED � sold Exemplary: Formal.
• Alternate Reference Alternate Reference Standard:
Standard per Section Formal.
19.78.050
a. Residential
i. Single-family. Renovations
and/or additions over areas . GPR rrinimum 125 pts Minimum: Informal.
that comprise at least 50% of or Exem la Formal.
the total existing floor area. .. P ��
• LEED �.�old
• CALGreen Mandatory
u. Multi-family (minor). • GPR rrinimum 100 pts Minimum: Informal.
Renovations and/or or Exemplary: Formal.
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Column 1 C'olumn 2 Column 3
Minimum Standards Exemp�'ary Standards Required Verification
See §19.78.070.
additions that do not meet • LEED �ilver
the higher thresholds for
"major renovations and
additions" in the cell below.
• CALGreen Mandatory
iu. Multi-family (major). • GPR r��inimum 125 pts Minimum: Informal (except
Renovations and/or or for LEED EBOM which shall
additions that comprise at • LEED :�old require Formal).
least 10,000 square feet, and Exemplary: Formal.
replace or alter the HVAC Alternate Reference Standard:
system and at least two of Formal.
the following: building
envelope, hot water system,
and lighting system.
• GPR minimum 75 pts or
• LEED Certified or LEED
EBOM Certified or
• Alternate Reference
Standard per Section
19.78.050
b. Non-Residential
i. Minor. Renovations and/or • LEED :�old Minimum: Informal.
additions that do not meet Exemplary: Formal.
the higher thresholds for
"major renovations and
additions" in the cell below.
• CALGreen Mandatory
ii. Major. Renovations and/or • LEED Jold Minimum: 10,000 - 25,000
additions that comprise at square feet - Informal (except
least 10,000 square feet, and for LEED EBOM which shall
replace or alter the HVAC require Formal):
system and two of the Minimum: 25,001 square feet
following: building or more - Formal
envelope, hot water system, Exem la Formal.
and lighting system. p ��
Alternate Reference Standard:
• LEED Certified or LEED Formal.
EBOM Certified or
• Alternate Reference
Standard per Section
19.78.050
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Column 1 C'olumn 2 Column 3
Minimum Standards Exemp� ary Standards Required Verification
See §19.78.070.
Mixed-Use
For projects with residential and non-residential components, each use shall comply with the
minimum requirements and verification requ:rements stated above. To meet exemplary and
alternate reference standards requirements, e<<ch use shall comply with the requirements stated
above.
Note: The requirements in the Section "renovations and additions" only apply to the portions of the
building that are subject to the renovation or addition.
19.78.070 Required Verification
Verification that a project meets the applica� le environxnental standards occurs through either
the formal or informal verification process pe�• the requirements in the chart in Section 19.78.060.
A. Formal Verification. A project will ��eet the formal verification process if the City
determines that the project meets or ex�eeds the applicable thresholds listed in Section
19.78.060 and the applicant submits all �f the following to the City in addition to other
application requirements, to assist the Cir� in making that determination:
a. Planning A�plication. A green building checklist that includes cross-references to
appropriate locations in the construc tion documents for all prerequisites and selected
points or credits; and demonstrates that the proposed project meets the applicable
m;n;mum requirements.
b. Building Permit.
i. Proof of project registration with � dministrating body of the applicable reference
standard,
u. A green building checklist that incluc.es cross-references to appropriate locations in the
construction documents for all prE requisites and selected points or credits; and
demonstrates that the proposed proj �ct meets the applicable xninimum requirements,
and
ui. Green Building deposit in an amount that may be set by resolution of the City Council.
The applicant may provide the deposit in the form of cash, or in any other form that the
City finds acceptable to meet the purposes of this Section. The full amount of the deposit
shall be returned upon the certif ication document being provided per Section
19.78.070(A)(c). If however, the proje�=t does not meet the requirements of this Chapter,
as applied to the project, then the Ciiy shall retain the full amount of the deposit, and
shall use the deposit solely to advance the purposes of this Chapter.
c. Within 18 months of Final Occupar,cy - Certification document for LEED, GPR or
alternate rating standard accepted by i he City per the chart in Section 19.78.060.
B. Informal Verification. A project will rr�eet the informal verification process if the City
determines that the project meets or ex�eeds the applicable thresholds listed in Section
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19.78.060 and the applicant submits all of the following to the City in addition to other
application requirements, to assist the Cit;� in making that determination:
a. Plannin��plication.
i. A green building checklist per Section 19.78.070(A)(a).
b. Building Permit.
i. A green building checklist per Section 19.78.070(A)(b)(ii), and
ii. A refundable deposit to defray the Ci ty's costs of verifying that the building is designed
to the applicable minimum requirerr�ents. The City shall release any unused deposit
amounts to the party submitting tY.e deposit after determining that all verification
requirements were met.
19.78.080. Voluntary Requirements to Obtai�i Incentives
An applicant for a building permit may voluntarily opt to meet or exceed the exemplary
standards, and to fulfill the applicable verific�ition requirements.
A. Automatic Incentives. If the applicant ioes so, in all cases, the applicant shall obtain a
reduction in applicable building permit fE es by an amount set by a resolution by the Council
as part of the fee schedule.
B. Discretionar,y Incentives.
a. In addition to obtairung the automatic incentive listed above, the applicant can request at
the time of the submi#tal of the plaruing application that the City authorize the issuance
of the following discretionary incentive:
i. A 10% reduction in the amount of off-street parking required by Municipal Code Section
19.100.
b. Findin�s. The decision maker may award a discretionary incentive of the decision
maker's choosing, at the same time as the approval of the planning application, if it finds
all of the following:
i. The project greatly exceeds the minimum amounts required to meet the exemplary
standards.
u. The proposed use is compatible with the surrounding community.
iu. The project will greatly advance the gc�als of this Chapter.
iv. The project will serve as a model for fiiture green construction; will be harmonious.
v. The project is consistent with and will advance the goals of the General Plan.
19.78.090 Exemptions for Historic or Atypical Projects
A. At the applicant's request, the City shall Exempt a project from the duty to comply with one
or more of the minimum standards if eith��r:
a. T'he project is on a property that is considered "historic" for CEQA purposes, the
applicant demonstrates that the histo ric nature of the property makes compliance with
the applicable thresholds infeasible, a1d the applicant has made all reasonable efforts to
mitigate and offset any non-complianc�e with the threshold(s); or
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b. The project includes atypical energy-r�lated design requirements and/or patterns of use,
these limitations make compliance �vith the threshold(s) not feasible, and the other
components of the project design ov �rcompensate for the lack of compliance with the
applicable threshold(s).
B. "Feasible" means capable of being accom��lished in a successful manner within a reasonable
period of time, taking into account ea�nomic, environmental, social, and technological
factors.
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