The URL can be used to link to this page

Home My WebLink AboutRESO 9049Resolution No. 9049 Resolution of the Council of the City of Palo Alto Approving Additional Findings of Fact for the City's Green Building Ordinance (Ordinance No. 5006) in Compliance With California Assembly Bill 210 (2009) WHEREAS, on June 2, 2008, the City Council of the City of Palo Alto ("City") adopted Ordinance No. 5006 establishing green building regulations and standards for compliance for private non-residential and residential development projects (the "Green Building Ordinance"). Such standards for compliance include the types of projects subject to regulation, green building rating systems to be applied to various types of projects, minimum thresholds for compliance and timing and methods of verification of compliance with green building regulations; and WHEREAS, on January 1, 2011 new provisions ofthe California Building Standards Code relating to green building requirements (the "State Green Building Code") will go into effect statewide; and - WHEREAS, over the next several months, staff will be reviewing the provisions of the State Green Building Code and relevant City ordinances, policies and procedures, and plans return to the City Council in fall of 2010 with recommendations for adoption of a comprehensive green building approach that integrates State and City requirements; and WHEREAS, on January 1, 2010, California Assembly Bill 210 (2009) went into effect. AB 210 authorizes cities to adopt more restrictive amendments, additions and deletions to the California Building Standards Code, including green building standards, when the City makes findings in compliance with Health and Safety Code section 17958.7 that such changes are reasonably necessary due to local climatic, geological or topographical conditions; and WHEREAS, the Council adopted extensive findings in 2008 for the Green Building Ordinance that explain and support the need for green building requirements given the City's local conditions; and WHEREAS, the City's 2008 Green Building Ordinance findings address the local conditions that necessitate green building standards as required by AB 210. However, since AB 210 was not in effect at the time the City's Green Building Ordinance was adopted, and since it will be several months before the City Council considers a comprehensive green building strategy that considers in detail the provisions of the State Green Building Code and existing local requirements, the City intends to clarify in this Resolution that the Green Building Ordinance findings are consistent with the requirements of AB 210. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: 100422 sh 8261286 1 i ~ ~ n I' Ii ~ Ii 1 I SECTION 1. In adopting the Green Building Ordinance in 2008, the Council recognized that a green building program supports the following principles important to the City of Palo Alto in that: 1. The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; 2. The Council identified Environmental Protection as one of its top four goals for 2008, and green building is a key component of environmental protection; 3. Green building design, construction, restoration, operation, and maintenance can have a significant positive effect on energy, water, and resource conservation, waste management and pollution generation, and the health and productivity of a property's residents, workers, and visitors over the life of a building and/or site; 4. 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 in 2020 are lowered to 1990 levels; 5. Failure to address and significantly reduce greenhouse gas emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101 (Bayshore Freeway); 6. Green building regulations comprise an important component of a whole systems approach to the City's sustainability program related to building and land development, other components of which include but are not limited to requirements for: disposal of construction and demolition debris, storm water quality and flood protection, tree protection, water conservation, recyclable materials storage, parking lot landscaping, and transportation demand management. SECTION 2. After holding duly noticed public hearings on the Green Building Ordinance, the Council made the specific findings in support of the 2008 Ordinance adoption, including but not limited to the following: 1. The City's Climate Protection Plan (CPP), adopted by the City Council on December 3, 2007, identifies green building as an important approach to reducing greenhouse gases generated in the Palo Alto community. The CPP notes that building construction and maintenance accounts for approximately 38% of U.S. greenhouse gas emissions (U.S. Department of Energy) and approximately 40% of the energy use in the Palo Alto community. Buildings also account for much of the 14% of emissions that are generated by waste materials; 2. Green building and landscape design, construction, operations and maintenance techniques are increasingly widespread in residential and commercial building 100422 sh 8261286 2 construction, and green building benefits can be spread throughout the systems and features of a building, . such that green buildings can include: the use of certified sustainable wood products and high-recycled content products; reuse of existing facilities and recycling and salvage; reduced demands on heating and cooling systems; increased energy efficiency; enhancement of indoor air quality; reduced per capita demand on water resources and infrastructure; and the installation of alternative and renewable energy systems; 3. At the national and state levels, the u.s. Green Building Council has taken the lead in promoting and defining commercial green building by developing the Leadership in Energy and Environmental Design (LEED) Rating SystemTM; 4. At the state level, Build It Green has taken the lead in promoting and defining residential green building by developing the GreenPoint Rated Rating SystemTM; and 5. 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. SECTION 3. The Council hereby makes the following findings, in compliance with AB 210 and Health and Safety Code section 17958.7, to support and restate its original determination that the green building regulations and standards contained in the Green Building Ordinance are reasonably necessary because of local climatic, geological or topographical conditions: 1: The principles articulated and restated in Section 1 of this resolution remain as relevant to the City today as they were when the Green Building Ordinance was adopted in 2008; 2. The Green Building Ordinance findings articulated and restated in Section 2 of this resolution remain as relevant to the City today as they were when the Green Building Ordinance was adopted in 2008; 3. The City's Climate Protection Plan (CPP), adopted by the City Council on December 3, 2007, identifies green building as an important approach to reducing greenhouse gases generated· in the Palo Alto community. The CPP notes that building construction and maintenance accounts for approximately 38% of u.S. greenhouse gas emissions (U.S. Department of Energy) and approximately 40% of the energy use in the Palo Alto community. Buildings also account for much of the 14% of emissions that are generated by waste materials; 100422 sh 8261286 3 4. Green building and landscape design, construction, operations and maintenance techniques are increasingly widespread in residential and commercial building construction in Palo Alto, and green building benefits can be spread throughout the systems and features of a building, such that green buildings can include: the use of certified sustainable wood products and high-recycled content products; reuse of existing facilities and recycling and salvage; reduced demands on heating and cooling systems; increased energy efficiency; enhancement of indoor air quality; reduced per capita demand on water resources and infrastructure; and the installation of alternative and renewable energy systems; 5. 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; 6. The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; 7. Energy efficiency is a key component in reducing GHG emissions, and construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that contribute to climate change; 8. The City of Palo Alto Utilities (CPAU) is the only municipal utility in California that operates City-owned-utility services including electric, fiber optic, natural gas, water and wastewater services, and as such, the City CoUncil is uniquely concerned that CP AU be able to provide reliable power to Palo Alto residents and businesses, especially in periods of peak energy demand; 9. Summer ambient temperatures in the City during the months of June, July and August can reach over 100 degrees, creating peak energy load demands that can cause power outages, affecting public safety and causing adverse local economic impacts; 10. The total square footage of conditioned habitable space within residential and nonresidential buildings in the City is increasing and using more energy and resources than in the past; 11. The burning of fossil fuels used in the generation of electric power and heating of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101; and 100422 sh 8261286 4 12. Reduction of total and peak energy use as a result of incremental energy efficiency measures 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. SECTION 4. The City Council finds that the Green Building Ordinance has already resulted in considerable benefits to the City, including but not limited to benefits to the local environmental conditions discussed in Section 3 of this resolution. Specifically, for calendar year 2009, staff calculated that the Green Building Ordinance resulted in: 1. 174,021 square feet of green construction; 2. More than 900 City residents or employees now housed in green facilities; 3. Energy efficiency savings beyond the requirements of the California State Energy Code averaging twenty one percent; 4. Annual electricity savings of 21 ,526 kwh; 5. Annual natural gas savings of 535 therms; 6. Annual indoor water use savings of 286,389 gallons; 7. Annual outdoor water use savings of 50,000 gallons; 8. 16,122 tons of waste diverted from landfills; and 9. Avoidance of 5,800 metric tons of greenhouse gas emissions (from energy, water and waste). SECTION 5. A certified copy of this Resolution shall be filed with the California Building Standards Commission. II II II II II II II II 100422 sh 8261286 5 ti I I' Ii !, !i ji 'I t Ii ~ ii ~ i ! SECTION 6. The Council found in 2008 that the Green Building Ordinance was categorically exempt from the requirements of the California Environmental Quality Act ("CEQ A") pursuant to Section 15308 of the CEQA Guidelines because as an action taken by a regulatory agency for the protection of the environment; this resolution does not change that ordinance. INTRODUCED AND PASSED: April 19, 2010 AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID, SHEPHERD,YEH NOES: ABSENT: ABSTENTIONS: ATTEST: ~~ ~Clerk \ APPROVED AS TO FORM: 100422 sh 8261286 Mayor . Director of Planning & Community Environment 6