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Ordinance No. 12-2099 Green Building ORDINANCE NO. 12-2099 AN ORDINANCE OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE TO AMEND THE GREEN BUILDING 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 ordinanc��incorporating green building measures; and WHEREAS, geen 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, demoL�tion 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, ancl protecting and sustaining the City's viable ecological communities and environment;�l 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 buildir�g design and planning include consideration of location, site planning, energy efficiency, material efficiency and water efficiency; and WHEREAS, the California Green Building Staridards Code Section 101.7 provides that a local government may establish more stringe;nt building standards if they are reasonably necessary due to local climactic, geologic, topographical or environmental conditions; and WHEREAS, the City of Cupertino has alread}� adopted ordinances to further green building measures, including the California Gree;n 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 establishir►g green building requirements exceeding the Mandatory Requirements of the 2010 California Green Building Standards Code; and WHEREAS, the Planning Commission adopted Resolution No. 6615 to recommend adoption of geen building measures in a green builciing ordinance as a result of conducting public hearings; 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; and Ordinance No. 12-2099 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 July 1, 2013 as 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. 2 Ordinance No. 12-2099 INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of September 2012 and ENACTED at a regular me��ting of the Cupertino City Council on this 1 gth of September 2012 by the following vote: AYES: Santoro, Mahoney, Sinks, Wong NOES: Chang ABSENT: None ABSTAIN: None ATTEST: APPROVED: �� Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 3 Ordinance No. 12-2099 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 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 4 Ordinance No. 12-2099 with the provisions of this Chapter. It is not the intent that this code substitute ��r be identified as meeting the certification requirements of any private, third party green building progam. 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 rf;quired minimum green building measures as amended by the City of Cupertino. All new builclings and structures, additions, renovations and tenant improvements subject to requirements in 'Cable 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 T;�ble 101.10. 16.58.120 Section 101.10.1.1 —Added. Add Section 141.10.1.1 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—Equal to or 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: 101.10.1.1.2 Residential new construction — Greater than 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: 5 Ordinance No. 12-2099 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 101.10.11.8—Added Add Section 101.10.1.1.8 to read as follows: 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: 6 Ordinance No. 12-2099 � sr �a,��^,��s ,�:i�. ..-, � 5'y,�'�,5" �',r�z"=� �`"€t' �f*�'�� 1 �rs „i#"f,�`�`�s'�a '��`w°z��as��'' 2c., �� "�Pro�ect�'yp�� 'in�im m��Green�$ualding� �� Rei�uired�Y'�rificat�on �� >�� . `�_.. � � ��,��.�� - � �equarement� �� , �. ��' � � �� ,� � �� '�.,�`'�st�� $x�'` . � �, �� `. ��r � �� '�v,- .£?"h ��- �u. � n„.� .�z t¢� sa s �J€' '�-'. ��'. .-,;.��',�a�,�� ..r. �..��.: .�'�-.��-d ��4��. �;�' :�,. �E � ' ,j ��.�.. � Residential Single Family and Multi- • CALGref;n Building City Review Family homes equal to or Code in accordance less than 9 homes: with CAI.Green's minimu�ri thresholds. Single Family and Multi- . GPR certified at Third Party GPR or LEED Family homes greater than 9 minimum 50 points or certification as applicable homes: . LEED Silver or • Alternate Reference Standard per Section 101.10.2 Alternate Reference Standard: See Section 101.10.2 Non-Residential Small, less than 25,000 SF: • CALGref,n Building City Review Code * per Chapter 5 of the California Green Building Standards Code Mid-size, from 25,000 to • LEED Cf;rtified or Third Party LEED 50,000 SF: . Alternate Reference Certification Standard per Section Alternate Reference Standard: 101.10.2 See Section 101.10.2 Large, greater than 50,000 • LEED Silver or Third Party LEED SF: . Alternate Reference Certification Standard per Section 101.10.2 Alternate Reference Standard: See Section 101.10.2 7 Ordinance No. 12-2099 Pro�ect Type Minimum Green Bullding ' Requcred Yeraficahon� - ��..... � �, �,'"� �t ��° �q�� --z � .. � ,, ...., ��-� '� �' � �.��."`�'� '� ; ' � �� ,�#�'�Requarement� �,� �� x �� , x x�� ;� { � �_ #` 4� `��i. N rt.��T,1 $ .�c��f�:,� k ��•j'. �`^� . � � �.r� s'��5 v. �. hs� � � r s'`�`;�� ' �x �:. �' st � � ,� � ��'�� *�t� �- � ` ,�''� �' �,°` w � '" ��,�`r"�'_ < <<� .� �.' � s� wzw. .�r' z;�t�"=. _,��.a `'t..�,'�� i��_ a. Residential i. Single-family • CALGreen Building City Review Code in accordance with CALGreen's minimum thresholds. ii. Multi-family (minor): • CALGreen Building City Review Code in accordance with CALGreen's minimum thresholds. iii. Multi-family (major): • GPR minimum 50 pts Third Party GPR or LEED Renovations and/or additions or Certification as applicable with a Floor Area Ratio • LEED Certified or (FAR) increase > 50% and at , LEED EBOM Certified least 35,000 square feet, and or that replace or substantially � Alternate Reference alter the HVAC system and at least two of the following: Standard per Section Alternate Reference Standard: building envelope, hot water 101.10.2 See Section 101.10.2 system and lighting system. b. Non-Residential i. Minor: Renovations and/or • CALGreen Building City Review additions that do not meet the Code in accordance higher thresholds for"major with CALGreen's renovations and additions" minimum thresholds. outlined as defined in (ii) below. ii. Major: Renovations and/or • LEED Certified Third Party LEED additions that comprise at (applicable only to the Certification least 35,000 square feet, and area of renovation/ replace or substantially alter addition) or the HVAC system and two of . LEED EBOM Certified the following: building or envelope, hot water system, � Alternate Reference and lighting system. Standard per Section Alternate Reference Standard: See Section 101.10.2 8 Ordinance No. 12-2099 �„��v��,.� � c� �r � ,��'F�,s� ��*�� f�� x'��i" � �*s� �.�� `��`'�' -� �� `�sA``.��€r � � , Pro�ect�Type Minamum Gr en Buil�din � �� Requared T�`eraficanon � � �� , � � -� � �� ;� ,'��°'�� = �, � � � R n , ��, � �� .�, � � ?� � �;� equereme �� ; � ° � a�° . y � ..•� ,, a.t ny '��, �°" ,�.r- ��:�` ,�� ;a �° y. fz � ��:�� -" .. �. ; � � , ��Y �. �. . *�# i'� s � ` �. > �s ,�,.3�' � �v-�� .�a , ��•.x k i� � .s� > -.� � k`? � �. 101.10.2 Miaced-Use For new and renovation/addition projects with r��sidential and non-residential components, the use shall comply by either: 1. Meeting the applicable requirements for e<<ch use; or 2. Meeting the applicable requirements for the use that comprises the majority of the project's square footage/where uses are attached and/or combined in a building. Notes: "Major" renovations and/or additions" apply only to the area of the renovation/addition unless the LEED EBOM Certified option is selected. *Chapter 5 of the California Green Buildin,g Standards Code (Cal Green Mandatory) requirements shall only be applied to elements included in the scope of a project, unless otherwise required by the California Green Building Standards Code. 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 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 standard if he/slie finds that the proposed alternative standard complies with all of the following: A. Addresses a comprehensive scope of gre��n building issues including energy efficiency, water efficiency, resource efficient materi:ils, and healthy building practices; B. Applies standards that are, when taken a:� 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 tllis Chapter. 16.58.240 Section 102.3—Amended Amend Section 102.3 to read as follows: 102.3 Verification. Documentation of conformance far 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 process or City Review 9 Ordinance No. 12-2099 per the requirements in Table 101.10. The following lists the verification requirements for Third Party 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. 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. The geen 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. Time Limit. 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. The Building Official may grant a one-time 6-month extension. 16.58.260 Section 102.31 —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 one of 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 10 Ordinance No. 12-2099 the maximum extent possible shall b�� exempted only for the specific rating system prerequisite that has been determined 1:o be infeasible. B. Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and/or Muni��ipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or 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 �3esign 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 f��llowing definitions: A. "Building Envelope" means the separation between the interior and the exterior environments of a building in order to ��rovide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation, roo f, walls, and windows. B. "Decision maker" means the person or entity with final approval authority over the underlying project. C. "Green Building ChecklisY'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 pro�iect can achieve certification. D. "Green Point Rated (GPR)" means a residential geen 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 ��esign (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" m��ans 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. 11 Ordinance No. 12-2099 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 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. 12 Ordinance No. 12-2099 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 l��cal 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�:he Cupertino Municipal Code pertaining to the California Green Building Standards Code, the (�ity Council of the City of Cupertino finds as follows: A. General Findings Related to Green Buildir►g 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 const�uction, demolition and renovation of buildings and structures. 2. 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 environrr�ental resources will result in the protection of both the human and natural environments. 3. City of Cupertino's General Plan 2000-2020 sets forth policies recognizing that the essential components of geen buildin�;design and planning include consideration o£ a. Location b. Site planning c. Energy efficiency d. Material efficiency e. Water efficiency 4. The City of Cupertino previously a�dopted ordinances to further green building measures, including the California Gr��en Building Standards Code, the Landscaping Ordinance to reduce water waste, R.ecycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection. 13 Ordinance No. 12-2099 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 2000-2020 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. 4. City of Cupertino's General Plan 2000-2020 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 19901evels. 6. Green building regulations further the Sustainability Principles of the General Plan involving building and land development, disposal of construction and 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 geen 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. 14 Ordinance No. 12-2099 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 efi-iciency, 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. 15 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, GRACE SCHMIDT, City Cl�erk and ex-officio Clerk of the City Council of the City of Cupertino, Cali:Fornia, do hereby certify the attached to be a true and correct copy of Grdinance No. 12-2099, which was enacted on September 18, 2012, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I ha�✓e hereunto set my hand and seal this 19th day of September, 2012. 6� GRACE SCHMIDT, City Clerk and E:x-officio Clerk of the City Council of the City of Cupf;rtino, California Ordinance Certificate