San Jose Municipal Code Part 1 Findings and Purpose

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.)