Loading...
108-G. October 12, 2010 Planning Commission staff report.pdfATTACHMENT G OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 (408) 777-3308 - FAX (408) 777-3333 - planning2cupertino.org Agenda Item No. Application: MCA-2010-04 Applicant: City of Cupertino Location: Citywide Agenda Date: October 12, 2010 APPLICATION SUMMARY Municipal Code Amendment to adopt a Green Building Ordinance RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council adopt the proposed draft Green Building Ordinance in accordance with the Model Ordinance (See Attachment 1). BACKGROUND On January 19, 2010, the City Council authorized staff to initiate the public input process to help develop a draft Green Building Ordinance, using the Phase II recommendations as a framework with a maximum budget of $25,000 (see Attachments 2&3 - City Council minutes and staff report). The goal of developing a Green Building Ordinance was initiated through the City's participation and support of the Santa Clara County Cities Association Board of Director's "Phase II recommendations" (see Attachment 4) adopted in June 2009. The Phase II recommendations are criteria and thresholds for new construction and renovation/remodeling projects, that aim to support the use of healthy building materials/construction methods, promote energy, water and resource efficiency and conservation by adherence to LEED (Leadership in Energy and Environmental Design) and GPR (Green Point Rated) rating systems. DISCUSSION Community Outreach In May 2010, citywide notices were mailed out seeking interested parties to participate in the Green Building Ordinance Focus Groups. Green building consultant Global Green, MCA-2010-04 Green Building Ordinance October 12, 2010 Page 2 was also retained by the City to assist with the focus group facilitation and preparation of the draft ordinance. On June 7, 2010, the first Green Building Ordinance Focus Group meeting was held at De Anza College's LEED Platinum Kirsch Center. The meeting was attended by over 60 participants. The meeting started with a tour of the Kirsch Center, followed by a presentation by Walker Wells of Global Green on the purpose and concepts of green building and the Phase II recommendations. The participants had opportunities to break into small groups to discuss and provide input on elements of green building ordinances, including threshold levels, rating standards and certification levels, incentives and implementation strategies. As a result of participants' comments to better understand the rating systems under consideration, the Planning Commission held an educational workshop at its July 13, 2010 meeting. The workshop included a presentation by Shiloh Ballard of Silicon Valley Leadership Group who provided an overview of LEED, GPR and the Phase II recommendations. Additionally, David Kaneda, Cupertino Planning Commissioner, provided an overview of the upcoming new Cal Green Building Codes that will become effective on January 1, 2011. On July 29, 2010, a second Green Building Focus Group meeting was held, where the Green Building Ordinance core elements were presented and discussed. A summary of the comments and suggestions provided by residents, businesses and the development community at the focus group meetings is attached in this report (see Attachments 5 & 6). Draft Green Building Ordinance The draft Green Building Ordinance was prepared primarily by using the Phase II framework with modifications and adjustments to meet the specific goals and objectives of the City of Cupertino. The draft ordinance also attempts to incorporate and respond to key comments and suggestions provided by the focus group participants. The draft ordinance will be a new chapter of the Zoning Ordinance, and will be incorporated as Chapter 19.78 of the Cupertino Municipal Code. Key components of the draft ordinance are summarized as follows: "Scope and Applicability" The proposed draft Green Building Ordinance will apply only to private development projects, including new construction and renovation/remodeling projects that require building permits and meet the criteria in the table of the Requirements section of the ordinance. Public (city -owned) buildings have been excluded from the draft ordinance requirements since staff has found that most cities that address green building requirements for public buildings do so either through a separate policy or ordinance. Additionally, all of the cities within Santa Clara County, including Cupertino, adopted the Phase I MCA-2010-04 Green Building Ordinance October 12, 2010 Page 3 recommendations from the Santa Clara County Cities Association that requires new public buildings over 5,000 square feet be LEED Silver certified in order to demonstrate and exemplify that such standards are achievable. Although the City Council supported the Phase I recommendations, no public buildings have been constructed in the City of Cupertino since the adoption of the Phase I recommendations. Staff recommends that the new ordinance become effective six (6) months from the date of its adoption. Any projects in which building permit applications have been submitted for development within this grace period are not subject to the new green building requirements, unless otherwise conditioned by a development permit. The grace period will provide time to disseminate information about the ordinance through the City's website, handouts as residents and businesses plan their development projects. Please note that a demolition permit does not qualify as a building permit application for development, and would not exempt a subsequent building project from this ordinance if submitted after adoption of the ordinance. The ordinance also clarifies that planning entitlements alone, obtained prior to the effective date of the ordinance do not exempt such projects from the ordinance requirements. • Option regarding previous planning approvals The Planning Commission may consider whether to exclude previously approved planning projects from this ordinance. These projects have received planning entitlements (some with phased development schemes) but may not submit building permit applications prior to the effective date of the ordinance. A reason for excluding such projects may be that the applicants had not built in the new requirements into their proforma. Also, since projects are required to vest their permit within two years of their permit approval (unless the Council authorized longer terms for a Use Permit - for example, Main Street and the Oaks project), staff does not believe that this will not affect the intent of the ordinance in the long term. However, in order to prevent people from "vesting" their permit by building only one building in a large project and then submitting building permits over an extended period of time, the ordinance should allow projects that have already received planning approvals as of the effective date of the ordinance, an exemption for the duration that their permit is valid. After the permit expiration date, whether the project is extended or phased, buildings shall be required to comply with the Green Building Ordinance. "Reference Standards" The draft ordinance relies primarily on existing rating standards of LEER and GPR consistent with the Phase II recommendations. However, the draft ordinance recognizes the need and provides the ability for alternative reference standards (e.g. Living Building Challenge) to be applied in cases where an applicant may propose to meet or exceed the ordinance requirements through an alternate rating system with a formalized certification process and third party verification. MCA-2010-04 Green Building Ordinance October 12, 2010 Page 4 "Requirements" The threshold criteria under which projects are subject to the draft ordinance are outlined in the Table 19.78.050 of the draft ordinance. While the criteria are mostly consistent with the Phase II recommendations, staff is recommending some changes to respond to focus group comments. Comparison Table of Phase II and Cupertino Draft Green Building Ordinance New Construction and Addition/Renovation Cupertino Draft Green Building Ordinance Phase II Recommendations Minimum Requirements Residential - New Construction Single -Family & Multi -Family < 5 homes: Single -Family (SFR) & Multi -Family (MFR) (Single Family & Multi -Family) GPR min. 75 pts or LEED Certified < 9 homes: Formal Certification or Option 2 GPR Rated (50 pts min.) or LEED Certified SFR & MFR >_ 9 homes: SFR & MFR >_ 5 homes: GPR Rated or LEED Silver GPR min.100 pts or LEED Silver Formal Certification or Option 2 Residential -Renovation/Addition Single -Family > 50% total existing floor area: SFR<$100K permit valuation; or <500 sf (Single -Family & Multi -Family) Cal Green Mandatory (for new portions add'n; or FAR increase<50%: only) BIG Elements checklist or LEED checklist SF $100K-$200K permit valuation; or 500- Multiple-Family (minor renovation): 1,000 sf add'n: Cal Green Mandatory (as applicable to BIG Elements 25-49 pts. or LEED Certified SFR $200K+ permit valuation; or 1,000 sf scope) add'n; or FAR increase of 50%: Multi -Family (major renovation) - over 50% total existing floor area, and at least 25,000 sf GPR Rated (min. 50 pts.) or LEED Certified of addition/renovation, and replacement or Small MFR (TBD): alteration of 3 of the 4 following systems: HVAC, building envelope, hot water system GPR checklist or applicable LEED checklist Large MFR (TBD): or lighting system: LEED Certified GPR 50 pts. or applicable LEED Certified Formal Certification or Option 2 Commercial - New Construction < 10,000 sf: Small, <5,000 sf: Cal Green Mandatory LEED checklist Mid -size, 5,000 - 25,000 sf: > 10,000 - 50,000 sf: LEED Certified LEED Certified Formal Certification or Option 2 Large, >25,000 sf: LEED Silver >50,000 sf: LEED Silver Formal Certification or Option 2 MCA-2010-04 Green Building Ordinance October 12, 2010 Page 5 Commercial - Renovation/Addition Minor Renovation: Small projects: Cal Green Mandatory LEED Checklist Large w/o HVAC: 2 of 4 systems are touched + > 10,000 sf + > permit valuation Major Renovation - Over 50% total existing floor area, and at least 25,000 sf of of $1 million permit valuation: addition/renovation, and replacement or alteration of 3 of the 4 following systems: LEED Certified w/o prerequisites HVAC, building envelope, hot water system Large w/HVAC: 2 of 4 systems are touched, or lighting system: one being HVAC + > 10,000 sf + > $1 million LEED Certified permit valuation: Formal Certification or Option 2 LEED Certified Mixed Use For projects with both residential and non- Not Addressed residential components, each use shall comply with the minimum requirements stated above. New Construction Residential - The reason for variations from the Phase II recommendations for residential is based upon comparisons with other local cities that have adopted green building ordinances and have successfully implemented higher standards for residential developments (e.g. Palo Alto, Morgan Hill, and Sunnyvale require 70 GPR points for their residential developments)(See Attachment 7, Comparison Table of Other Cities' Requirements). Additionally, staff modified the threshold level to delineate between less than five homes and greater than or equal to five homes to differentiate single family and minor lot subdivisions (parcel maps) from larger subdivision projects requiring a tract map. Non -Residential - The requirements are fairly consistent with the Phase II recommendations, except for adjustments to make the threshold and certification levels less stringent based upon feedback staff received from major stakeholders and focus group participants. The requirements also aim to be in line with the new state "green' building code (CALGreen). Essentially, CALGreen has set the floor of building codes at a higher level by requiring development projects to incorporate green building practices. CALGreen takes effect on January 1, 2011 and will require all new construction (residential projects of three floors or less and all non-residential projects) to comply with the code. Cupertino's draft ordinance also takes the requirements a step higher by requiring significant single-family residential additions/renovations and minor additions/renovations for multiple -family and commercial projects to comply with CALGreen. Staff believes that this requirement is preferable for smaller projects since the requirements are less stringent, easier to follow and require adherence to the new code only for a fixture or the portion of the building that is being modified. However, it should be noted that CALGreen does not require energy efficiency beyond the current Title 24 energy requirements. MCA-2010-04 Green Building Ordinance October 12, 2010 Page 6 Renovations and Additions The draft ordinance requires single-family renovations and additions that add or affect 50% or more of the existing building floor area to comply with the CALGreen building codes for the new/renovated portions only. For Multiple -Family Residential and Non -Residential (commercial and industrial) renovations and additions, the thresholds differentiate between minor renovation and major renovation. A major renovation is defined as a renovation or addition that affects greater than 50% of the total existing floor area if that area is equal to or greater than 25,000 square feet, and includes replacement or alteration of at least three of the following four systems: HVAC system, building envelope (including walls and windows), domestic hot water system (e.g. water heater/boilers), and lighting. Major renovations will require LEER certification, which is fairly consistent with the Phase II recommendations and what some of the other local cities are requiring (e.g. Palo Alto, Sunnyvale, Morgan Hill)(See Attachment 8, Comparison Table), except that the draft ordinance does not require LEED Silver for the highest threshold of Non -Residential renovations and additions, as some of the other local cities do. Staff is recommending that LEED Certified level for. major renovations based upon discussions with major stakeholders in the community. All minor renovations and additions that do not meet the threshold for major renovations are required to comply with the CALGreen building code. Mixed use projects will be required to comply with the minimum requirements for each component type of the development. Exemplary/Incentives An Exemplary Standards section has been added to provide incentives and encourage developments to seek higher levels of certification than the minimum requirements of the ordinance. Possible incentives that the City may consider granting for meeting or exceeding Exemplary Standards have been identified, contingent upon availability of funding and City approval. These possible incentives include: • Matching grants to off -set the cost of certification application (based on funding availability). • Fee reductions for the building permit (options include 2-5 %) • Zoning code adjustments of floor area ratio, or off-street parking, not to vary more than 10% (options include 5-10%) of the standards in place at the time of application "Veri 'cation" Staff has proposed two options for verification to ensure that the development is carried out to the prescribed standard. MCA-2010-04 Green Building Ordinance October 12, 2010 Page 7 • Option 1 (Formal Certification) is the verification route for projects requiring formal certification, and would be required of any new residential construction project, any new non-residential (commercial) construction project over 10,000 square feet, and major renovations for multi -family residential projects and non-residential (commercial) projects. The formal certification would also be required for exemplary standard projects. This option will provide the greatest degree of confidence that the building has been built and is operating to the required standards. • Option 2 (City Determination) is an alternate option to Option 1. Essentially, Option 2 is a verification route that would only require that projects demonstrate that the construction drawings are designed to meet the required certification level. A formal certification process to require projects to actually achieve the required certification level is not required. Therefore, this verification route could be handled through a City determination process. No further verification is required past the building permit stage to demonstrate that the requirement is met. As is the case in most cities, the City will use a qualified consultant to ensure that building permit documents adhere to the required standards. • CALGreen - For projects that require adherence to CALGreen requirements, the City will make the determination as they will with other building permits that require adherence to CALGreen. The draft ordinance highlights the certification process in detail. The following is a list of pros and cons that the Planning Commission may consider regarding verification requirements: 1(Formal Pros • Certification requirement ensures that building is built as and functions as a "green building." • Certification allows building owners to market/lease their buildings as "green buildings." • Allows City to track and monitor its CAP (Climate Action Program) accurately. 14UMMY Reduced cost and process since it does not require certification or a Green Building deposit. • Does not ensure that building is built as, or functions as, a "green building." • Cannot be marketed/leased to prospective owners or tenants as a "green building." • City cannot ensure that a building meets the requirements. • Does not allow the City to track and monitor its CAP (Climate Action Program) effectively. "Fees & Deposits" Option 1 A refundable Green Building Deposit is required for projects under Option 1 of the Verification requirement. The intent of the deposit serves as an incentive to comply with the ordinance requirement for certification, and would be paid by the applicant prior to issuance of a building permit for the project. Note: The suggested deposit is $2/sq. ft. with a minimum of $3,500 and maximum of $5,000 for each single-family residential building, minimum of $40,000 and maximum of $55,000 for each multiple family residential building, and minimum of $70,000 and maximum of $150,000 for each non-residential building. These minimum deposit amounts are based on typical costs to certify these types of projects. The maximum deposit amounts are based on the maximum costs typical for a project type. Keeping deposit amounts in line with typical certification costs will encourage people to follow through with their certification and not make forfeiting the deposit amount a more attractive alternative. MCA-2010-04 Green Building Ordinance October 12, 2010 Page 9 *Typical Green Building Certification Costs Green Point Rated LEED for Homes LEED BD&C Single Family $3,800 $5,000 Multi -Family $40,380 $54,700 Office 20,000 s . ft. $71,650 Office 50,000 s . ft. $97,650 *Based on data from Build it Green, US Green Building Council, Davis Energy Group, StopWaste.org, and Global Green. Option 2 For Option 2, a deposit is required to be paid at the time of building permit application to cover the cost of reviewing verification requirements. The City will hire a consultant to review the plans to verify that the building permit documents meet the required certification level for a project. It is estimated that a typical review for most projects will require 6-10 hours of consultant time with an associated cost of approximately $900 - $1,500. "Exceptions" The draft ordinance allows for property owners to request exceptions from the ordinance requirements for historic sites and projects that may include atypical energy -related design requirements. The exceptions may vary from the ordinance requirements itself, or a particular prerequisite only for a specific rating system that has been determined to be infeasible for the project. In cases where the exception is requested only for a particular prerequisite, all other prerequisites and minimum point requirements will still be required to be met. Exceptions may be approved if the decision -making authority for the project makes the following findings: The proposed development is otherwise consistent with the City's ordinances and meets one or more of the criteria described below: a. It is a hardship or is infeasible for the applicant to fully meet the requirements of this Ordinance due to a conflict with the compatibility of the green building rating system with other City goals, such as those requiring historic preservation. b. The exception is requested is the minimum required and all required green building measures are otherwise incorporated into the development project. LEED EBOM (LEED for Existing Buildings: Operations and Maintenance) LEED EBOM is a certification project type that is based upon the actual total building operating performance, instead of design expectations, to maximize the operational efficiency and minimize the environmental impacts for the sustainable ongoing operation of a building. LEED EBOM is based upon 100% of the floor area of the building. MCA-2010-04 Green Building Ordinance October 12, 2010 Page 10 Essentially, a building must be in operation for at least one year for a performance period before certification application and certification is based upon 100% of the floor area of the building. Subsequent additions/renovations may occur in a LEED EBOM certified building (in other words, the building may retain its LEED EBOM certification) if the addition/renovation complies with improvements permitted by the LEED EBOM requirements. Staff recognizes that, in such cases, the applicant may apply for an alternative standard since such improvements would still retain the building's certification. Environmental Consideration The draft Green Building Ordinance is considered categorically exempt per Section 15308 Class 8 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act (CEQA). Therefore, no further environmental review is necessary to adopt this ordinance. Prepared by Aki Honda Snelling, AICP, Senior Planner Reviewed by: 2�ar hao City Planner ATTACHMENTS Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Approved by: 1vastava Community Development Director Model Ordinance January 19, 2010 City Council minutes January 19, 2010 report Phase II recommendations June 7, 2010 Green Building Ordinance Focus Group meeting comments July 29, 2010 Green Building Ordinance Focus Group meeting comments Comparison Table of other cities for New Construction Comparison Table of other cities for Renovations/Additions Cal Green Description Comparison of CALGreen, LEED and GPR G:\PIanning\PDREP0RT\pc MCA reports \ 2010 \MCA-2010-04.doc