102-A. Green Building Ordinance No. 11-2074.pdfATTACHMENT A
ORDINANCE NO.11-2074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING CHAPTER 19.78 TO CREATE A GREEN BUILDING ORDINANCE
WHEREAS, the Planning Commission conducted 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 adopted Resolution #6615 to recommend that
the City Council adopt this ordinance;
WHEREAS, the City Council conducted a properly noticed public hearing on this
ordinance;
WHEREAS, adoption of the ordinance will improve the environment and is in the
public interest.
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
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 Building," of the Cupertino Municipal code is
established as shown* in Attachment A.
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court 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. Certification.
The City Clerk shall certify to the passage and 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 published and posted in lieu of publication and
posting of the entire text.
99582.2
Section 6. CEQA. Because this project will assure the maintenance, restoration,
enhancement, or protection of the environment and does not relax the regulation of
construction activities or standards allowing environmental degradation, this project is
exempt from CEQA pursuant to CEQA Guidelines section 15308.
INTRODUCED at a regular meeting of the Cupertino City Council the day
of 2011 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
99582.2
City of Cupertino
CHAPTER 19.78: GREEN BUILDING
19.78.010 Purpose and Intent
This Chapter is intended to support a "whole systems" approach to the design, construction,
location, and operation of buildings and structures to help mitigate the environmental,
economic, and social impacts of construction, demolition, and renovation of buildings and
structures. The City wishes to promote green building practices that minimize the use of
energy, water, and other natural resources while 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 minimum required by this Chapter by providing
incentives for such buildings and structures.
19.78.020 Definitions
The following terms shall have the following definitions for purposes of this Chapter:
A. "Building Envelope" means the separation between the interior and the exterior
environments of a building in order to provide structural integrity, moisture control,
temperature control, and air pressure control. The principal physical components of the
building envelope include the foundation, roof, walls, and windows.
B. "Decision maker" means the person or entity with final approval authority over the
underlying project.
C. "Exemplary Standards" mean the standards that correspond to the requirements of a
particular project and are listed in column 2 of the chart that appears in Section 19.78.060.
D. "Green Building Checklist" means a checklist, typically with prerequisites and credits
and/or points that is developed by the administrators of green building certification systems
and used to determine whether a development project can achieve certification.
E. "Minimum Standards" mean the minimum standards that apply to a particular project, as
listed in column 1 of the chart in Section 19.78.060.
F. "Required Verification" 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 in 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. The following Green Building Guidelines that are
administered by Build It Green ("BIG'):
a. Single Family New Home Construction.
b. Single Family Home Remodeling.
C. Multifamily New Home Construction.
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B. LEED (Leadership in Energy and Environmental Design) 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 Major Renovation.
c. LEED for Existing Buildings: Operations & Maintenance (EBOM).
d. LEED for Commercial Interiors.
e. LEED for Core and Shell Development.
f. LEED for Schools New Construction and Major Renovation.
g. LEED for Neighborhood Development.
h. LEED for Retail.
i. LEED for Healthcare.
19.78.040 Minimum Requirements
On or after 2011, the City shall not issue any building permit unless, in addition to
meeting all other legal requirements, the decision 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; and
B. The project met the applicable required verification 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 alternate reference standard is equivalent to the
minimum standards or exemplary standards per the chart in Section 19.78.060, if the decision
maker finds that:
A. The applicant has utilized an alternate comprehensive green building rating system that:
a. Is comprehensive, and applies standards 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 materials, and healthy building practices;
c. Includes a formalized certification process 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 minimum and/or exemplary standards.
2. Advance the purposes of this Chapter.
Examples of alternate comprehensive green building rating systems include but are not limited
to: Living Building Challenge (US), Building Research Establishment Environmental
Assessment Method (UK), and Comprehensive Assessment System for Building Environmental
Efficiency (Japan).
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19.78.060. Standards for New Construction, Renovations and Additions
The following chart lists the standards and required verification that apply for new construction,
renovations and additions.
Column 1 Column 2 Column 3
Minimum Standards Exemplary Standards Required Verification
See §19.78.070.
r
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 Gold
Alternate Reference Standard:
• Alternate Reference
Formal.
Standard per Section
19.78.050
b. Non -Residential
i. Less than 10,000 SF.
• CALGreen Mandatory
• LEED Gold
Minimum: Informal.
Exemplary: Formal.
ii. 10,000 - 25,000 SF.
Minimum: Informal.
• LEED Certified or
• LEED Gold
Exemplary: Formal.
• Alternate Reference
Alternate Reference Standard:
Standard per Section
Formal.
19.78.050
iii. 25,001 or more SF.
Minimum: Formal.
• LEED Silver or
• LEED Gold
Exemplary: Formal.
• Alternate Reference
Alternate Reference Standard:
Standard per Section
Formal.
19.78.050
Eff
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Yo
�. W" IN OEM
a. Residential
i. Single-family. Renovations
and/or additions over areas
• GPR minimum 125 pts
Minimum: Informal.
that comprise at least 50% of
or
ar Exem lFormal.
Exemplary:
the total existing floor area.
• LEED Gold
• CALGreen Mandatory
ii. Multi -family (minor).
• GPR minimum 100 pts
Minimum: Informal.
Renovations and/or
or
Exemplary: Formal.
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Column 1
Column 2
Colunin 3
Minimum Standards
Exemplary Standards
Required Verification
See §19.78.070.
additions that do not meet
• LEED Silver
the higher thresholds for
"major renovations and
additions" in the cell below.
• CALGreen Mandatory
iii. Multi -family (major).
• GPR minimum 125 pts
Minimum: Informal (except
Renovations and/or
or
for LEED EBOM which shall
additions that comprise at
• LEED Gold
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 Gold
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 Gold
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,
Exemplary: Formal.
p y
and lighting system.
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
Column 2
Column 3
Minimum Standards
Exemplary 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 requirements stated above. To meet exemplary and
alternate reference standards requirements, each 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 applicable environmental standards occurs through either
the formal or informal verification process per the requirements in the chart in Section 19.78.060.
A. Formal Verification. A project will meet the formal verification process if the City
determines that the project meets or exceeds the applicable thresholds listed in Section
19.78,060 and the applicant submits all of the following to the City in addition to other
application requirements, to assist the City in making that determination:
a. Planning Application. A green building checklist that includes cross-references to
appropriate locations in the construction documents for all prerequisites and selected
points or credits; and demonstrates that the proposed project meets the applicable
minimum requirements.
b. Building_ Permit.
i. Proof of project registration with administrating body of the applicable reference
standard,
ii. A green building checklist that includes cross-references to appropriate locations in the
construction documents for all prerequisites and selected points or credits; and
demonstrates that the proposed project meets the applicable minimum requirements,
and
iii. 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 certification document being provided per Section
19.78.070(A)(c). If however, the project does not meet the requirements of this Chapter,
as applied to the project, then the City 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 Occupancy Certification document for LEED, GPR or
alternate rating standard accepted by the City per the chart in Section 19.78.060.
B. Informal Verification. A project will meet the informal verification process if the City
determines that the project meets or exceeds 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 City in making that determination:
a. Planning Application.
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 City's costs of verifying that the building is designed
to the applicable minimum requirements. The City shall release any unused deposit
amounts to the party submitting the deposit after determining that all verification
requirements were met,
19.78.080. Voluntary Requirements to Obtain Incentives
An applicant for a building permit may voluntarily opt to meet or exceed the exemplary
standards, and to fulfill the applicable verification requirements.
A. Automatic Incentives. If the applicant does so, in all cases, the applicant shall obtain a
reduction in applicable building permit fees by an amount set by a resolution by the Council
as part of the fee schedule.
B. Discretionary Incentives.
a. In addition to obtaining the automatic incentive listed above, the applicant can request at
the time of the submittal of the planning 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. Findings. 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.
ii. The proposed use is compatible with the surrounding community.
iii, The project will greatly advance the goals of this Chapter.
iv. The project will serve as a model for future 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 either:
a. The project is on a property that is considered "historic" for CEQA purposes, the
applicant demonstrates that the historic nature of theproperty makes compliance with
the applicable thresholds infeasible, and the applicant has made all reasonable efforts to
mitigate and offset any non-compliance with the threshold(s); or
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b. The project includes atypical energy -related design requirements and/or patterns of use,
these limitations make compliance with the threshold(s) not feasible, and the other
components of the project design overcompensate for the lack of compliance with the
applicable threshold(s).
B. "Feasible" means capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological
factors.
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