102-A. Ordinance No. 11-2076.pdf
Attachment A
ORDINANCE NO. 11-2076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE TO
AMEND THE GREENBUILDING STANDARDS CODE TO INCLUDE LOCAL
GREEN BUILDING REQUIREMENTS
WHEREAS, the City Council authorized staff on January 19, 2010 to proceed with the
development of a green building ordinance incorporating green building
measures; and
WHEREAS,green building is 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; and
WHEREAS,the Environmental Resources and Sustainability Element of the City of
Cupertino’s General Plan 2000-2020 recognizes that the community’s
environmental resources are fragile, invaluable and interrelated, and protecting
and sustaining the City’s viable ecological communities and environmental
resources will result in the protection of both the human and natural
environments; and
WHEREAS,the City of Cupertino’s General Plan 2000-2020 sets forth policies
recognizing that the essential components of green building design and planning
includeconsideration of location, site planning, energy efficiency, material
efficiency and water efficiency; and
WHEREAS,the California Green Building Standards Code Section 101.7 provides that a
local government may establish more stringent building standards if they are
reasonably necessary due to local climactic, geologic, topographical or
environmental conditions; and
WHEREAS,the City of Cupertino has already adopted ordinances to further green
building measures, including the California Green Building Standards Code, the
Landscaping Ordinance to reduce water waste, Recycling and Diversion of
Construction and Demolition Waste Ordinance, and Stormwater Pollution and
Prevention and Watershed Protection; and
WHEREAS,the City of Cupertino intends to adopt local amendments to the California
Green Building Standards Code by establishing green building requirements
exceeding the Mandatory Requirements of the 2010 California Green Building
Standards Code; and
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WHEREAS, the Planning Commission adopted Resolution No. 6615 to recommend
adoption of green building measures in a green building ordinance as a result of
conducting public hearings on October 12, 2010 and October 26, 2010; and
WHEREAS, the City Council has determined that amending Chapter 16.58, Green
Building Standards Code, is necessary to incorporate local green building
requirements; and
WHEREAS, the City Council of the City of Cupertino conducted properly noticed
public hearings on February 1, 2011 and May 3, 2011; and
WHEREAS, adoption of the ordinance will improve the environment and is in the
public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY
ORDAINS AS FOLLOWS:
Section 1. Title 16 of the Cupertino Municipal Code is hereby amended by the
adoption of amendments to Chapter 16.58 as set forth in Exhibit A.
Section 2.The City Council adopts the findings for local amendments to the
California Green Building Standards Code, 2010 Edition, attached hereto as
Exhibit B and incorporated herein by reference.
Section 3. 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.
Section 4. 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 5. This Ordinance shall take effect and be in force on and after January 1,
2012as provided by Government Code Section 36937.
Section 6.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.
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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 __________ 2011by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Kimberly Smith Gilbert Wong
City Clerk, City of Cupertino Mayor, City of Cupertino
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Exhibit A
City of Cupertino
CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED
16.58.010 Code Adoption.
The provisions of the 2010 California Green Building Standards Code and each and all of
the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in
this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942(d)(1) and is made available for public inspection.
16.58.015 Adoption of Appendix Chapters
No Appendix Chapters from the 2010 California Green Building Standards Code have
been adopted.
16.58.040 Local Amendments
The following provisions of this Chapter shall constitute local amendments to the cross-
referenced provisions of the California Green Building Standards Code, 2010 Edition, and shall
be deemed to amend the cross-referenced sections of said Code with the respective provisions
set forth in this Chapter.
16.58.050 Section 101.1 – Amended
Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the California Green Building
Standards Code as amended by the City of Cupertino and may be cited as such and will be
referred to herein as “this code.” The California Green Building Standards Code as amended by
the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and
publication of the adoption, amendment and repeal of building regulations to the California
Code of Regulations, Title 24, also referred to as the California Building Standards Code.
16.58.070 Section 101.3 – Amended
Amend Section 101.3 to read as follows:
101.3 Scope. The provisions of this code shall apply to the planning, design, operation,
construction, use and occupancy of every newly constructed building or structure, unless
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otherwise indicated in this code for the City of Cupertino.
The California Green Building Standards Code also is hereby amended to apply to additions,
renovations and tenant improvements of privately-owned buildings and structures in
accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the certification
requirements of any private, third party green building program.
16.58.100 Section 101.10 – Amended.
Amend Section 101.10 to read as follows:
101.10 Mandatory requirements. This code contains mandatory green building
measures. In addition, this Chapter contains required minimum green building measures as
amended by the City of Cupertino. All new buildings and structures, additions, renovations
and tenant improvements subject to requirements in Table 101.10 shall comply with the
mandatory measures of the 2010 California Green Building Standards Code as adopted by the
state in addition to local amendments included in this code, regardless of height or number of
stories, unless specifically exempted by this code.
16.58.110 Section 101.10.1 – Added
Add Section 101.10.1 to read as follows:
101.10.1 Project Types – as set forth in Table 101.10.
16.58.120 Section 101.10.1.1 – Added.
Add Section 101.10.1.1 to read as follows:
101.10.1.1 Residential projects – as set for in Table 101.10.
16.58.130 Section 101.10.1.1.1 – Added
Add Section 101.10.1.1.1 to read as follows:
101.10.1.1.1 Residential new construction – Less than nine (9) homes – as set forth in
Table 101.10.
16.58.140 Section 101.10.1.1.2 -- Added:
Add Section 101.10.1.1.2 to read as follows:
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101.10.1.1.2 Residential new construction – Nine (9) homes or more – as set forth in
Table 101.10.
16.58.150 Section 101.10.1.1.3 -- Added
Add Section 101.10.1.1.3 to read as follows:
101.10.1.1.3 Major multi-family residential renovations/additions – as set forth in
Table 101.10. Requirements shall only apply to the area of renovation/addition.
16.58.160 Section 101.10.1.1.4 - Added
Add Section 101.10.1.1.4 to read as follows:
101.10.1.1.4 Non-residential new construction, small – as set forth in Table 101.10.
16.58.170 Section 101.10.1.1.5 – Added
Add Section 101.10.1.1.5 to read as follows:
101.10.1.1.5 Non-residential new construction, medium -- as set forth in Table 101.10.
16.58.180 Section 101.10.1.1.6 – Added
Add Section 101.10.1.1.6 to read as follows:
101.10.1.1.6 Non-residential new construction, large -- as set forth in Table 101.10.
16.58.190 Section 101.10.1.1.7 – Added
Add Section 101.10.1.1.7 to read as follows:
101.10.1.1.7 Non-residential renovations/additions, minor -- as set forth in
Table 101.10. Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Section 101.10.1.1.8 – Added
Add Section 101.10.1.1.8 to read as follows:
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101.10.1.1.8 Non-residential renovations/additions, major -- as set forth in
Table 101.10. Requirements shall only apply to the area of renovation/addition.
16.58.210 Section 101.10.1.1.9 –Added
Add Section 101.10.1.1.9 to read as follows:
101.10.1.1.9 Mixed-Use -- as set forth in Table 101.10.
16.58.220 Table 101.10 – Added
Add Table 101.10 to read as follows:
Project Type Minimum Green Building Required Verification
Requirement
A.NEW CONSTRUCTION
Residential
Single Family and Multi-
Minimum: Third Party.
GPR certified at
Family homes < 9 homes:
minimum 50 points or
LEED Certified or
Alternate Reference
Standard per Section
Alternate Reference Standard:
101.10.2
Third Party.
Single Family and Multi-
Minimum: Third Party.
GPR certified at
Family homes
minimum 50 points or
LEED Silver Certified
or
Alternate Reference
Alternate Reference Standard:
Standard per Section
Third Party.
101.10.2
Non-Residential
Small,
Minimum: City Review
CALGreen Mandatory*
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Project Type Minimum Green Building Required Verification
Requirement
Mid-size, 10,001 – 50,000 SF:
Minimum: City Review.
Intent of LEED
Certified or
Alternate Reference
Alternate Reference Standard:
Standard per Section
Third Party.
101.10.2
Large, 50,001 or more SF:
Minimum: Third Party.
LEED Silver
Certification or
Alternate Reference
Alternate Reference Standard:
Standard per Section
Third Party.
101.10.2
B.RENOVATIONS AND ADDITIONS
a.Residential
i.Single-family None
Exempt
ii.Multi-family (minor): None
Exempt
Minimum: City Review
iii.Multi-family (major):
Intent of GPR
(except for LEED EBOM
minimum 50 pts
Renovations and/or
which shall require Third
(applicable only to the
additions with a Floor Area
Party).
area of renovation/
Ratio (FAR) increase
addition) or
and at least 10,000 square feet,
and replace or alter the
Intent of LEED
HVAC system and at least
Certified or LEED
two of the following: building
EBOM Certified or
envelope, hot water system
Alternate Reference
and lighting system:
Standard per Section
101.10.2
Alternate Reference Standard:
Third Party.
b.Non-Residential
i.Minor: Renovations and/or Minimum: City Review.
CALGreen Mandatory*
additions that do not meet the (Applicable only to the scope
higher thresholds for “major of work of the
renovations and additions” in addition/renovation)
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Project Type Minimum Green Building Required Verification
Requirement
the cell below.
ii.Major. Renovations and/or
additions that comprise at
least 10,000 square feet, and
replace or alter the HVAC
system and two of the
following: building envelope,
hot water system, and
lighting system.
10,000 – 50,000 square feet
Minimum: 10,000 – 50,000
Intent of LEED
square feet - City Review
Certified (applicable
(except for LEED EBOM
only to the area of
option which requires current
renovation/ addition)
Third Party certification.
or LEED EBOM
Certified or
Alternate Reference
Standard per Section
Alternate Reference Standard:
101.10.2
Third Party.
50,001 or greater square feet
LEED Certified
(applicable only to the
area of renovation/
Minimum: 50,001 or greater
addition) or LEED
square feet - Third Party.
EBOM Certified or
Alternate Reference Standard:
Alternate Reference
Third Party.
Standard per Section
101.10.2
Mixed-Use
For new and renovation/addition projects with residential and non-residential components,
each use shall comply with the mandatory measures of the California Green Building Standards
Code and any amendments to this code by the City of Cupertino, and with the requirements
applicable to each use, and with the requirements applicable to the use that comprises the
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Project Type Minimum Green Building Required Verification
Requirement
majority of the project’s permitted square footage.
Notes: ”Major” renovations and/or additions” apply only to the area of the renovation/addition, unless
the LEED EBOM Certified option is selected in which case the entire building must have a current
certification.
*Cal Green Mandatory requirements shall only be applied to elements included in the scope of a project.
16.58.230 Section 101.10.2 – Added
Add Section 101.10.2 to read as follows:
101.10.2 Alternate green building standards. The applicant may request to apply an
alternate green building reference standard for a project in lieu of the minimum standards per
Table 101.10. In making a determination in response to an application under this section, the
Building Official may allow an alternate reference standard if he/she finds that the proposed
alternative reference green building rating system complies with all of the following:
A.Addresses a comprehensive scope of green building issues including energy efficiency,
water efficiency, resource efficient materials, and healthy building practices;
B.Applies standards that are, when taken as a whole, as stringent as the GPR and LEED
standards;
C.Includes a formalized certification process that incorporates third party verification; and
D.The project will advance the purposes of this Chapter.
16.58.240 Section 102.3 – Amended
Amend Section 102.3 to read as follows:
102.3 Verification. Documentation of conformance for applicable green building
measures shall be provided to the City of Cupertino. Verification that the project meets the
applicable environmental standards occurs through either the Third Party or City Review
verification process per the requirements in Table 101.10. The following lists the verification
requirements for Third Party and City Review verification, and alternative methods:
A.Third Party Certification. A project will be required to meet the Third Party certification
process if the City determines that the project meets or exceeds the applicable thresholds
listed in Table 101.10. The applicant shall submit all of the following to the City, in
addition to other application requirements, to assist the City in determination
compliance with the green building requirements:
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 that demonstrates that the proposed project meets the
applicable minimum requirements.
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b.Building Permit.
i.Proof of project registration with administrating body of the applicable reference
standard, and
ii.A green building checklist that includes cross-references to appropriate locations
in the construction documents for all prerequisites and selected points or credits;
that demonstrate that the proposed project meets the applicable minimum
requirements, and
c.Green Building deposit in an amount that may be set from time to time 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 102.3 (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.
d.Within 18 months of Final Occupancy – Provide certification document for LEED,
GPR or alternate rating standard in a form accepted by the City per Table 101.10.
B.City Review. A project will meet the City Review process if the City determines that the
project meets or exceeds the applicable thresholds set forth in Table 101.10 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 102.3(A)(a).
b.Building Permit.
i.A green building checklist per Section 102.3(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.
16.58.260 Section 102.3.1 – Added
Added Section 102.3.1 to read as follows:
102.3.1 Exemptions. The Building Official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. Projects that are exempted from
the requirements of the California Green Building Standards Code as amended by the City of
Cupertino shall meet the requirement in section A and at least oneof the requirements in
sections B-D:
A.Projects that demonstrate that it is not feasible for the project to fully meet the green
building requirements and that the purposes of this chapter will have been achieved
to the maximum extent possible shall be exempted only for the specific rating system
prerequisite that has been determined to be infeasible.
B.Projects that demonstrate compliance with this code but which will conflict with the
Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring
historic preservation as determined by the Director of Community Development; or
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C.Projects that demonstrate compliance with this code but which will conflict with the
California Building Standards Code; or
D.Projects with atypical energy-related design requirements and/or patterns of use
that make compliance with the thresholds of this code infeasible.
16.58.280 Section 202 – Amended
Amend Section 202 to add or amend the following definitions:
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. “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.
D.“Green Point Rated (GPR)” means a residential green building rating system developed by
Build It Green. Projects can use any of the adopted GPR checklists that most appropriately
apply to the project type proposed.
E.“Leadership in Energy and Environmental Design (LEED)” means a green building rating
system developed by the U.S. Green Building Council for residential and non-residential
projects. Projects can use any of the adopted LEED checklists that most appropriately apply
to the project type proposed.
F.“Minimum Green Building Requirement” means the minimum green building requirement
that applies to a particular project, as listed in column 2 of Table 101.10.
G.“Required Verification” means the standards that correspond to the requirements of a
particular green building rating system and project type, as listed in column 3 of Table
101.10, for which verification procedures are fully set forth in Section 102.3.
H."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.
16.58.290 Section 303.1.1 -- Amended
Amend Section 103.1.1 to read as follows:
303.1.1 Tenant improvements. The provisions of this code shall apply to the applicable
tenant or occupant improvements to a project.
16.58.300 Section 4.304.1.1 – Added
Add Section 4.304.1.1 to read as follows:
4.304.1.1 Compliance with local water-efficient landscape ordinance. Residential
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projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter
14.15 of the Cupertino Municipal Code.
16.58.310 Section 5.304.1.1 – Added
Add Section 5.304.1.1 to read as follows:
5.304.1.1 Compliance with local water-efficient landscape ordinance. Non-residential
projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter
14.15 of the Cupertino Municipal Code.
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Exhibit B
Findings for Amendments to the California Green Building Standards Code
In accordance with the Health and Safety Code Sections 17958, 17958.5, and 17958.7, the
City Council must make findings for each proposed local change to the provisions of
the California Building Standards Code, including green building standards, to support
its determination that each such local amendment is reasonably necessary based on
climatic, topographical or geological conditions.
In adopting the amendments to Chapter 16.58 of the Cupertino Municipal Code
pertaining to the California Green Building Standards Code, the City Council of the
City of Cupertino finds as follows:
A.General Findings Related to Green Building Requirements in Cupertino
1.Green building is 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.
2.The Environmental Resources and Sustainability Element of the City of
Cupertino’s General Plan 2000-2010 recognizes that the community’s
environmental resources are fragile, invaluable and interrelated, and
protecting and sustaining the City’s viable ecological communities and
environmental resources will result in the protection of both the human and
natural environments.
3.City of Cupertino’s General Plan 2000-2010 sets forth policies recognizing that
the essential components of green building design and planning include
consideration of:
a.Location
b.Site planning
c.Energy efficiency
d.Material efficiency
e.Water efficiency
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4.The City of Cupertino previously adopted ordinances to further green
building measures, including the California Green BuildingStandards Code,
the Landscaping Ordinance to reduce water waste, Recycling and Diversion
of Construction and Demolition Waste Ordinance, and Stormwater Pollution
and Prevention and Watershed Protection.
B.Findings for Local Amendments to the 2010 California Green Building Standards
Code (16.58 of the Cupertino Municipal Code)
1.The City Council authorized staff on January 19, 2010 to proceed with the
development of a green building ordinance incorporating green building
measures.
2.Green building is 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.
3.The Environmental Resources and Sustainability Element of the City of
Cupertino’s General Plan 2000-2010 recognizes that the community’s
environmental resources are fragile, invaluable and interrelated, and
protecting and sustaining the City’s viable ecological communities and
environmental resources will result in the protection of both the human and
natural environments.
4.City of Cupertino’s General Plan 2000-2010 sets forth policies recognizing that
the essential components of green building design and planning include
consideration of:
a.Location
b.Site planning
c.Energy efficiency
d.Material efficiency
e.Water efficiency
5.California Assembly Bill 32 (Global Warming Solutions Act of 2006, Health
and Safety Code §38500 et seq.) requires actions on the part of the State and
local governments to significantly reduce greenhouse gas (GHG) emissions
such that statewide GHG emissions in 2020 are lowered to 1990 levels.
6.Green building regulations further the Sustainability Principles of the General
Plan involving building and land development, disposal of construction and
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demolition debris, storm water quality and floor protection, tree protection,
water conservation, landscaping and resource conservation.
7.Built It Green is acknowledged in promoting and defining residential green
building by development of its Green Point Rated Rating System.
8.The Green Building Certification Institute (GBCI) administers the U.S. Green
Building Council’s LEED (Leadership in Energy and Environmental Design)
Rating System.
9.Green building techniques are widespread in residential and non-residential
building construction, and such techniques can impact the City’s
environment, greenhouse gas emissions, resource usage, energy efficiency,
water usage, waste management, and the health and productivity of
residents, workers and visitors over the life of the building.
10.Requiring green building measures is necessary to achieve public health and
welfare benefits to the community.
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