119-R. January 19, 2010 City Council report.pdfATTACHMENT R
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
SUMMARY
Agenda Item No. 2 a
Meeting Date: Tanuary 19, 2010
APPLICATION SUMMARY:
Review and adopt the Green Building Ordinance process framework and budget.
RECOMMENDATION:
The Planning Commission recommends that the City Council adopt the Green Building
Ordinance process framework based on Planning Commission recommendations on
November 24, 2009 (See Attachment A).
Staff is additionally recommending amending the process to include separate focus
group meetings for commercial and residential stakeholders instead of the task force
recommended by the Planning Commission. A discussion on this issue is provided
later in this report.
BACKGROUND:
In June 2009, the Santa Clara County Cities Association's Board of Directors adopted
Phase II policy recommendations prepared by the Green Building Collaborative that
provide Leadership in Energy and Environmental Design (LEER) and Build It Green
(BIG) thresholds for development projects. The recommendations were formed to
encourage each city to adopt these green building policy recommendations to aid in
meeting the region's climate change goals.
On October 13, 2009, the Planning Commission discussed goals and objectives for a
Green Building Ordinance, and provided direction to staff to propose a defined process
framework for the preparation of a Green Building Ordinance,
On November 5, 2009, staff provided the Planning Commission with a defined Green
Building Ordinance process framework. The Commission requested staff to refute and
clarify particular sections of the draft process framework involving the
Green Building Ordinance Process January 19, 2009
objectives/goals, green building policy scope, regulatory context, public outreach plan,
timeline/schedule and funding.
On November 24, 2009, the Planning Commission reviewed the revised draft process
framework as a consent calendar report item. The report incorporated the
Commission's comments from the November 5th meeting by updating the various
sections of the framework. No discussion took place other than the motion to approve
the item and forward the Commission's recommendation to the City Council on a 4-0
vote (Commissioner Kaneda was absent).
DISCUSSION:
The Planning Commission emphasized the following key points that were incorporated
into sections of the revised process framework:
• Include policies/goals that explore incentives to encourage green building
measures
• Provide for measurability to meet AB 32 requirements
• Explore the economic costs and environmental benefits of alternatives to meet
green building ordinance requirements
• Identify green building measures/ordinance alternatives that are the "low -
hanging fruit" providing the greatest gain from investment
• Include adding public outreach methods such as Facebook, Twitter, and outreach
at churches, PTA meetings, and weekly school homework packets
• Include a description of AB 1103 (energy benchmarking and energy disclosure
requirements for non-residential buildings) in the regulatory context description
• Update the timeline/schedule for the Green Building Ordinance
• Present alternative concepts to the public early in the process
• Provide funding for a consultant experienced in the technical aspects of green
building and public outreach
• Form a task force to aid in the process of preparing the Green Building
Ordinance
Please refer to Attachment A for Planning Commission's recommendation on the
process framework.
Focus Groups
The Planning Commission recommended that a task force be formed to participate in
the process of preparing the Green Building Ordinance to promote greater attendance
and consistent feedback in meetings. The Commission also indicated limiting the size to
about 20 members and that a method would have to be determined to choose task force
members.
Green Building Ordinance Process January 19, 2009
Staff comments:
Staff recommends using two focus groups - residential and commercial - rather than a
task force. The residential focus group would include residents and residential
developers. The commercial focus group would include commercial developers and
business owners. Staff believes that the focus group approach would work better for the
following reasons:
1. The requirements for commercial (LEED) and residential buildings (Build It
Green) are different.
2. Given the likely difference in levels of expertise in green building between
commercial and residential stakeholders, focus group discussions will allow the
process to be tailored better toward each group and their needs.
3. Targeting the commercial and residential groups separately will allow a more
efficient allocation of time and resources.
As a means to kick-off and garner community interest in the Green Building Ordinance,
staff is suggesting a citywide noticed "Green Building Expo' open to the community as
an initial public outreach method. Staff envisions that the expo would have
representations from agencies such as PG&E, Santa Clara Valley Water District, solar
companies, and Silicon Valley Leadership Group with green building resource
information, contact information, and representatives available to provide information
and answer questions. Additionally, the expo could have guest speakers, such as
developers who could speak about their experiences in developing certified green
buildings in. the City, and experts in the field who could provide educational
information on various green building topics.
Staff believes this would provide a good opportunity to find interested members for the
two focus groups and other community members who would be interested in attending
meetings and providing input during the process. In terms of a timeline, staff believes
that this could occur in early March or April.
Fiscal Impact
Recommended Process
Staff estimates that the cost of preparing the Green Building Ordinanca based upon the
recommended process framework, and including a green building consultant with both
technical and public outreach experience, and public outreach mailings and materials,
would cost a total of about $55,000-$65,000. The cost of the consultant is estimated at
$45,000 with the cost of ancillary public mailings (one city-wide mailing), outreach and
workshop materials estimated at $15,000 - $20,000,
To fund the project, staff recommends using the existing mid- to long-term planning
Green Building Certification fund to reimburse applicants for green building
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Green Building Ordinance Process January 19, 2009
certification. The fund which had an original amount of $50,000 has been used to
reimburse applicants for two projects. The current balance in the budget is about
$46,000. The proposed process would require an additional allocation of $19,000 as part
of the Fiscal Year 2009-2010 mid -year budget adjustment. The process is expected to be
completed by October 2010.
Alternative Process
Staff proposed a limited process as an alternative to the Planning Commission during
its discussions. However, the Planning Commission did not recommend it. The
alternative process would include:
• Review Phase II recommendations as a basis for the ordinance
• Limited outreach including two focus group meetings and two public hearings for a
maximum of four meetings
• Providing a list of resources and informational material to help achieve ordinance
requirements
The alternative process would include a consultant to facilitate two focus group
meetings. The limited process could be implemented for about $25,000 (including a
city-wide mailed notice) but would not include an expo. The timeline for this process
would be about five months (potentially begin in February/March 2010 and end in
July/August 2010).
Next Steps
Based on Council direction, staff will move forward on the next steps including Request
for Proposals for consultants.
Prepared. by: Aki Honda Snelling, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner
Submitted by: Approved by:
r
Aarti Shrivastava David W. Knapp
Director of Community Development City Manager
Attachments:
Attachment A: November 24, 2009 Planning Commission recommendation on the
Green Building Ordinance framework process consent calendar item
Attachment B: Updated Green Building Ordinance Draft Flow Diagram
H: Groups/Planning/PDREPORT/CC/2009/GreenBldgCC
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