Union City Municipal Code Ch. 15.76 Green Building and Landscaping Practices

Note: Prior ordinance history: Ord. 665-06.

The purpose of this chapter is to create a more environmentally and economically sustainable community by incorporating green measures into the design, construction, demolition, renovation, operation, and maintenance of buildings and landscaping within the City. This chapter establishes requirements for green building and landscaping practices to be used in City-sponsored and public partnership projects. The green building and landscaping practices referenced in this chapter are designed to reduce landfill waste, conserve natural resources, increase energy efficiency, lower costs associated with operations and maintenance, improve indoor air quality, and minimize impacts on the natural environment.

(Ord. 729-10 § 2, 2010; Ord. 753-10 § 1, 2010; Ord. 790-13 § 1, 2013)

For the purposes of this chapter, the following definitions shall apply:

"Applicant"

means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities who applies to the City for permits to undertake any construction or renovation for a building and/or landscaping project.

"Bay-Friendly Landscape Guidelines"

means the most recent version of guidelines developed by StopWaste.Org for use in the design, construction, and maintenance of landscapes.

"Bay-Friendly Landscape Scorecard"

means the most recent version of the scorecard developed by StopWaste.Org for the Bay-Friendly Landscape Program.

"Bay-Friendly Landscaping"

means a whole systems approach to the design, construction, and maintenance of the landscape in order to support the integrity of the San Francisco Bay watershed.

"Building Official"

means the Chief Building Official of the City of Union City.

"City-sponsored project"

means any new construction, renovation, or landscaping project funded by the City and conducted on City-owned property.

"Construction"

means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

"Covered project"

shall have the meaning set forth in this chapter.

"Green building"

means a whole systems approach to the design, construction, operation and maintenance of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment.

"LEED™"

means the Leadership in Energy and Environmental Design rating system used by the United States Green Building Council.

"LEED™ accredited professional"

means an individual who has passed the LEED™ accreditation exam administered by the U.S. Green Building Council.

"LEED™ checklist"

means the most recent version of the checklists used by the United States Green Building Council for the LEED™ rating system.

"Public partnership project"

means any new construction or renovation project constructed on City-owned land, and/or that includes funding by the City, and/or is built under a development agreement or disposition and development agreement with the City.

"Public works projects"

mean construction projects such as pump stations, flood control improvements, roads, bridges, as well as traffic lights, sidewalks, bike paths, bus stops, street median projects, and associated infrastructure on City-owned and maintained property but does not include landscaping projects greater than five thousand square feet.

"StopWaste.Org"

is the Alameda County Waste Management Authority and the Alameda County Source Reduction and Recycling Board operating as one public agency. The Alameda County Waste Management Authority is a public joint-powers agency comprised of the County of Alameda, each of the fourteen cities within the County, and two sanitary districts that provide refuse collection services. StopWaste.Org offers many programs in the areas of public education, green building, recycled product procurement, waste reduction, and market development.

(Ord. 729-10 § 2, 2010; Ord. 753-10 § 1, 2010; Ord. 790-13 § 1, 2013)

A. The following shall be considered covered projects for the purposes of this chapter:

1. City-Sponsored and Public Partnership Projects. City-sponsored and public partnership building projects initiated on or after the final adoption of the ordinance codified in this chapter, except as otherwise provided herein, whose estimated cost of construction is equal to or greater than three million dollars (to be adjusted annually according to the Building Cost Index published in Engineering News-Record Magazine using 2006 as a base year) and City-sponsored and public partnership landscape projects greater than five thousand square feet.

(Ord. 729-10 § 2, 2010; Ord. 753-10 § 1, 2010; Ord. 790-13 § 1, 2013)

The provisions of this chapter apply to covered projects, with the following exemptions, however, all projects must comply with the 2013 California Energy Efficiency Building Standards (Title 24, Part 6) and the 2013 California Green Building Standards Code (Title 24, Part 11) as applicable under State law regardless of the exemptions provided herein.

A. City-Sponsored and Public Partnership Projects.

1. Historical buildings, as defined by this chapter;

2. Permits issued exclusively for foundation repair, re-roofing, repair of fire damage, work required by termite reports, upgrades for accessibility, or other items of building or structural maintenance, as determined by the Building Official;

3. Public works projects, as defined by this chapter;

4. Projects where it can be demonstrated that complete compliance is not possible due to unusual building circumstances, subject to approval by the City Council;

5. Projects where it can be demonstrated that compliance with this chapter is not financially feasible by the City, and that the proposed building will provide an overriding benefit to the community, subject to approval by the City Council.

(Ord. 729-10 § 2, 2010; Ord. 753-10 § 1, 2010; Ord. 790-13 § 1, 2013)

A. City-Sponsored and Public Partnership Projects.

1. City-sponsored and public partnership buildings that are covered projects shall meet a minimum LEED™ Silver rating and be so certified by the U.S. Green Building Council. These projects shall also have a LEED-Accredited Professional as a principal member of the design team. The LEED™ rating option to be used shall be the one most appropriate for the project, subject to review and approval by the Building Official.

2. City-sponsored and public partnership landscapes that are covered projects shall meet the most recent minimum Bay-Friendly Landscape Scorecard points recommended by StopWaste.Org.

3. The Director of Public Works Department or designee shall regularly review the project specifications used in bidding public works projects to include the best green building/environmental practices applicable.

4. City-sponsored and public partnership projects that are not considered covered projects are encouraged to:

a. Incorporate as many green building measures as feasible from the green building rating system most appropriate for the project, if applicable;

b. Meet as many Bay-Friendly Landscape Scorecard points as feasible, taking into account available resources and design objectives, if applicable;

c. Provide documentation demonstrating level of compliance.

(Ord. 729-10 § 2, 2010; Ord. 753-10 § 1, 2010; Ord. 790-13 § 1, 2013)