Reso 6615 MCA-2010-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6615
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE
AMENDMENT TO CREATE CHAPTER 19.78 (GREEN BUILDING) OF THE
CUPERTINO MUNICIPAL CODE
The Planning Commission recommends approval of the proposed amendment to the
City of Cupertino Municipal Code as shown in Attachment A attached herewith.
PASSED AND APPROVED this 26th day of October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Lee, Kaneda,Giefer
NOES: COMMISSIONERS: Chairperson Brophy, Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
, �
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Aarti Shrivastava Paul Bro�;h C '
Director of Community Development Planning o ' ion
- ATTACHMENT A
Ordinance No. XX.7�:7�CX
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 CIT'Y 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 Exhibit 1.
Section 3. SeverabilitU.
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. Cert�ication.
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 2010 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
99582.2
EXHIB IT 1
" � City of Cupertino
CHAP'I'ER 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 builclings 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 minimi�e 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 minimwn required by this Chapter by providing
� incentives for such buildings and structures.
19.78.020 Definitions
The following terins shall have the following definitions for purposes of this Chapter:
A. "Builcling 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
builciing 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 adnvnistrators of green building certification systems
and used to determule 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 Ado�tion of Green Standards bX 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.
B. LEED (Leadership in Energy and Environmental Desi�) Standards. The following rating
� systems developed by the U.S. Green Building Council, and aciministered by the Green
` Building Certification Institute (GBC�:
995723
a. LEED for Homes.
b. LEED for New Construction and Major Renovation.
c. LEED for Existing Buildings:Operations 8�Maintenance (EBO1V�. _
d. T�EED 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 builcling permit unless, in addition to
meeting all other legal requi.rements,the decision maker determines that:
A. The project complies with the applicable "m;n;mUm requirements" set forth in the first
colwnn of the chart in Section 19.78.060;and
B. The project met the applicable required verification per Section 19.78.070.
C. The project, or portions of the project, meet the requirements and are approved for,
Exemption for Historic or Atypical Projects per Section 19.78.090.
19.78.050 Alterna#e Reference Standards
The decision maker may declare that an alternate reference standard i.s equivalent to the
�inimum 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 minimt,im and/or
exemplary standards.
B. �'he project will:
1. Meet or exceed the applicable min;mum and/or exemplary standards.
2. Advance the purposes of this Chapter.
Examples of alternate comprehensive green building rating systems include but are not lunited
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.
� , _
a. Residential
i. Single Family and Multi-
Family homes . GPR m;n;mum 125 pts. Minimum: Formal.
• GPR�n;mum$5 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 A�lternate 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
a. Residential
i. Single-fanuly. Renovations
and/or additions over areas . GPR min;mwn 125 pts Minimiun: Informal.
that comprise at least 50% of or Exem 1 Formal.
the total existing floor area. P ��
• LEED Gold
• CALGreen Mandatory
u. Multi-family(minor). • GPR m;n;mum 100 pts Minimuin: Informal.
Renovations and/or or Exemplary:Formal.
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Column 1 Column 2 Column 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
ui. Mu1ti-family(major). • GPR minimwn 125 pts Minimum: Informal(except
Renovations and/or or for LEE1.7 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 Minimwn: Informal.
additions that do not meet Exemplary: Formal.
the higher thresholds for
"major renovations and
additions" in the cell below.
• CALGreen Mandatory
ii. Maj or. 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 Minimwn:25,001 square feet
following: building or more-Formal
envelope,hot water system, Exem 1 Formal.
and lighting system. P �'
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
nLni�um 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. Plannin�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 rec,jttu'ements.
b. Buildin�Pernlit.
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 min;mum requi.rements,
and
iii. Green Building deposit in an amount that may be set by resolution of the Cifiy 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
Draft 10-31-10 5
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 A�plication.
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 m;nimU.m 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 Rec�uirements to Obtain Incentives
An applicant for a builcling perrnit may voluntarily opt to meet or exceed the exemplary
standards,and to fu1fi11 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 adciition to obtaining the automatic incentive listed above,the applicant can request at
the time of the submittal of the plan�ng 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 requi_red to meet the exemplary
standards.
ii. The proposed use is compatible with the surrounding community.
iu. 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 Exem�tions f or Historic or Atypical Proj ects
A. At the applicant's request, the City shall exempt a project from the duty to comply with one
or more of the minimwn 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 the property 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 requ.irements 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
fact�rs.
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