San Jose Municipal Code Part 3 Compliance and Enforcement

A. The provisions of this chapter shall apply to all projects for which a building permit is applied for on or after September 8, 2009, with the following exceptions:

1. The provisions of this chapter shall not apply to any project for which a development permit application was first submitted before January 1, 2009.

2. Projects exempted or modified based on unique circumstances pursuant to the provisions of Section 17.84.210.

B. Nothing in this section is intended to create any vested right in any project.

(Ord. 28622.)

A. If an applicant for a new construction project believes that circumstances regarding the type of project or physical site conditions make it a hardship or infeasible to meet the requirements of this chapter, then the applicant may request an exemption or modification from the Director. The burden shall be on the applicant to demonstrate the grounds for hardship or infeasibility.

B. In making a determination in response to an application under Subsection A. above, if the Director determines that the facts offered in support of an application under Subsection A. demonstrate that the purposes of this chapter will have been achieved to the maximum extent reasonably allowed by the circumstances, then the Director may issue a decision requiring compliance with less than the full extent of the requirements of this chapter but to the fullest extent reasonably achievable given the circumstances.

C. The Director's decision shall contain a statement of the facts upon which the decision was based, as well as the reduced compliance level requirements that must be achieved. The Director's decision shall become a condition of the development permit issued for the project.

(Ord. 28622.)

A. No building permit shall be issued for a tier one project unless the application for building permit contains a completed GreenPoint Rated Checklist or LEED Checklist.

B. All tier two commercial industrial projects for which this chapter is applicable must receive the minimum green building certification of LEED Silver and tier two residential projects shall receive the minimum green building certification of LEED Certified or GreenPoint Rated.

C. High-rise residential projects for which this chapter is applicable shall receive certification as the minimum green building performance requirement of USGBC LEED™ Certified.

D. Mixed-use new construction projects, for which this chapter is applicable, must submit a checklist and receive the minimum green building new construction certification designation for the portion of the building under the requirements of the applicable subsections of this section above.

(Ord. 28622.)

No building permit shall be issued for a tier two project or high-rise residential project unless the permit applicant pays the green building refundable deposit fees in an amount set by resolution of the City Council or submits a Housing Department in-lieu guarantee in order to warrant that the project will meet the green building certification requirements as specified in this chapter.

(Ord. 28622.)

A. In order to obtain a refund of the green building deposit the original building permit applicant or applicant's authorized representative must file a written request for refund and provides documentation satisfactory to the Director in support of the request.

B. The Director may authorize the refund of any green building deposit under the following circumstances:

1. When the Director determines that the deposit was erroneously paid or collected;

2. When the building permit application is withdrawn or cancelled; or

3. When the Director determines that the green building certification standards contained in Section 17.84.220 have been achieved.

C. The Green building deposit shall be considered forfeited if the City does not receive a request for refund together with green building certification evidence demonstrating the compliance provisions of Section 17.84.220 within a year after the building permit expires or becomes final.

D. An extension to the time set forth in Subsection C. above may be requested to the Director before the time has expired. The extension request shall include documentation satisfactory to the Director that the extension is required solely due to the delays resulting from the LEED or GreenPoint Rated certification bodies.

(Ord. 28622.)

Determinations of the Director on requests for exemption (as specified in Section 17.84.210) to this chapter are appealable to the Planning Commission pursuant to the procedures set forth in Sections 20.100.240 and 20.100.270 of the San José Municipal Code.

(Ord. 28622.)

The Director is hereby authorized to promulgate forms, policies and regulations for the implementation of the provisions of this chapter, including but not limited to the requirements for applications for exemptions, modifications of, or equivalency to the requirements of this chapter.

(Ord. 28622.)