Chapter 17.84 — GREEN BUILDING REGULATIONS FOR PRIVATE DEVELOPMENT

This chapter is intended to enhance the public health, safety and welfare of San José residents, workers, and visitors by fostering practices in the design, construction, and maintenance of buildings that will minimize the use and waste of energy, water and other resources in the City of San José. The green building standards required by this chapter are intended to advance greenhouse gas reduction and other sustainability strategies outlined in the city's Green Vision. Green building reduces per capita energy use, provides energy from renewable sources, diverts waste from landfills, uses less water and encourages the use of recycled wastewater. Green building also encourages buildings to be located close to public transportation and services and provide amenities that encourage walking and bicycling and therefore offer further potential to achieve a healthy, environmentally sustainable city.

(Ord. 28622.)

The City Council finds that:

A.

According to the U.S. Department of Energy's Center for Sustainable Development, buildings consume 40% of the world's total energy, 25% of its wood harvest and 16% of its water. The building industry is the nation's largest manufacturing activity, representing more than 50% of the nation's wealth and 13% of its Gross Domestic Product. Energy and material consumption in buildings can contribute significantly to global climate change.

B.

Green building design, construction, and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health of a building's occupants over the life of the building. Green building benefits are spread throughout the systems and features of the building. Green buildings may use recycled-content building materials, consume less energy and water, have better indoor air quality, and use less wood fiber than conventional buildings. Construction waste is often recycled and remanufactured into other building products.

C.

The City Environmental Services Department estimates that construction and demolition debris comprises up to 15% of materials from San José disposed in Santa Clara County landfills, and opportunities exist for reducing the generation of this waste.

D.

In recent years, green building design, construction and operational techniques have become increasingly widespread. Many homeowners, businesses, and building professionals have voluntarily sought to incorporate green building techniques into their projects. A number of local and national systems have been developed to serve as guides to green building practices. At the national level, the U.S. Green Building Council, developer of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System and LEED™ Reference Guide, has become a leader in promoting and guiding green building. Build It Green, developer of the GreenPoint Rated program, serves a similar function in California.

E.

Requiring certain commercial, residential and City-sponsored projects to incorporate LEED™ green building measures or meet GreenPoint Rating thresholds is necessary and appropriate to achieve the benefits of green building.

F.

California Health and Safety Code Sections 18938 and 17958 provide that the California Building Standards Code establish building standards for all occupancies throughout the state.

G.

California Health and Safety Code Section 18941.5 provide that the city may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological or topographical

conditions.

H.

Because the design, restoration, construction, and maintenance of buildings and structures within the city can have a significant impact on the city's environment, greenhouse gas emissions, resource usage, energy efficiency, waste management and the health and productivity of residents, workers and visitors over the life of the building, requiring commercial and residential projects to incorporate green building measures is necessary and appropriate to achieve the public health and welfare benefits of green building.

I.

The provisions of California Assembly Bill 32 (Global Warming Solutions Act) require actions on the part of State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions are lowered to 1990 levels in 2020 and 80% below 1990 levels in 2050.

J.

Local government, by itself, cannot fully address all of the challenges posed by climate change and comply with the mandates of AB 32.

K.

Energy efficiency is a key component in reducing GHG emissions, and construction of more energy efficient buildings can help San José reduce its share of the GHG emissions that contribute to climate change.

L.

On October 7, 2008, the City Council adopted a policy establishing minimum green building standards for new construction in private residential and nonresidential development projects, Policy No. 6-32.

M.

In February 2009 the City hired Gabel Associates, LLC, an expert in the field of building analysis and Energy Code compliance, to assist the city in preparing a study and proposal for local amendments to the 2008 California Energy Code, and said study demonstrated the cost effectiveness of these local amendments.

N.

The study conducted by Gabel Associates, LLC has concluded that the energy efficiency measures contained in this chapter are cost-effective. The City Council hereby adopts the conclusions of the study and authorizes its inclusion in an application for consideration by the California Energy Commission in compliance with Public Resources Code 25402.1(h)(2).

O.

The city will include the Gabel Associates study in an application for consideration by the California Energy Commission in compliance with Public Resources Code 25402.1(h)(2).

P.

Reduction of total and peak energy use as a result of incremental energy efficiency measures required by this chapter will have local and regional benefits in the cost-effective reduction of energy costs for building owners, additional available system energy capacity, and a reduction in greenhouse gas emissions.

(Ord. 28622.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 28622.)

"Application" means any application to the Planning Division of the city's Department of Planning, Building and Code Enforcement for a development permit.

(Ord. 28622.)

"Building" means any structure used for support or shelter of any use or occupancy, as defined in the California Building Standards Code.

(Ord. 28622.)

"City" means the City of San José.

(Ord. 28622.)

"Commercial/industrial building" means all non-residential construction including construction of retail space, office space, and other commercial uses, regardless of the zoning scheme at the project's location.

(Ord. 28622.)

"Development permit" has the same meaning as the definition in Section 20.200.270 of Title 20 of this Code.

(Ord. 28622.)

"Director" means the Director of Planning or his or her designee.

(Ord. 28622.)

"GreenPoint Rated Rating System," "GreenPoint Rated" and "GreenPoint Rated Checklist" refers to the third-party verification system for the green building measures established by the non-profit organization Build It Green that are referenced in their Green Building Guidelines.

(Ord. 28622.)

"Gross floor area" means the total enclosed area of all floors of a building measured to the inside face of the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment and mechanical equipment rooms and basement or attic areas having a height of more than seven feet, but excluding area used exclusively for vehicle parking or loading.

(Ord. 28622.)

"High-rise building" means a building that is a minimum of 75 feet in height.

(Ord. 28622.)

"High-rise residential project" means a high-rise building used primarily for residential purposes.

(Ord. 28622.)

"Housing Department in-lieu guarantee" means a certificate issued by the Director of Housing guaranteeing that the Housing Department will pay the green building deposit fee on the square footage of the building constructed as affordable housing uses in the event the project does not achieve the minimum green building compliance requirements.

(Ord. 28622.)

"Large commercial building" means a non-residential building having a gross floor area of twenty-five thousand (25,000) square feet or more and is not a high-rise building.

(Ord. 28622.)

"Large residential project" means a residential project that has ten (10) or more single family or multi-family dwelling units and is not a high-rise building.

(Ord. 28622.)

"LEED™" and "LEED™ Checklist" mean the Leadership in Energy and Environment Design Rating Systems, certification methodology, and checklists of the United States Green Building Council (USGBC), the nationally accepted benchmark for the design, construction and operation of high performance green buildings.

(Ord. 28622.)

"Mixed-use project" means a development that contains uses from two or more of the three major land use categories; residential, commercial, and industrial as defined in Section 20.200.760 of the San José Municipal Code.

(Ord. 28622.)

"New construction project" means a project of any size that creates one or multiple new structures. The addition of square footage to an existing structure does not constitute a new construction project.

(Ord. 28622.)

"Single-family detached residence" has the same definition as used in Title 20 of this Code.

(Ord. 28622.)

"Small commercial project" means a project involving construction of a new structure of less than twenty- five thousand (25,000) square feet for non-residential uses, and is not a high-rise building.

(Ord. 28622.)

"Small residential project" means a residential project that has from two (2) to nine (9) single family or multi- family dwelling units and is not a high-rise building and is not one single-family detached residence.

(Ord. 28622.)

"Tier one project" means a small commercial industrial building or a small residential project or a single family detached residence.

(Ord. 28622.)

"Tier two project" means a large commercial industrial building or a large residential project.

(Ord. 28622.)