HomeMy WebLinkAboutStaff Report 210-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: APRIL 19, 2010
REPORT: ACTION
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 210:10
SUBJECT: Adoption of a Resolution Approving Additional Findings of Fact for the
City's Green Building Ordinance (Ordinance No. 5006) in Compliance with
California Assembly Bill 210 (2009) and Review of Report on
Implementation of the City's Green Building Ordinance
EXECUTIVE SUMMARY
This report provides a summary of implementation of the City's Green Building Program. Over
the past year, the program covered 431 building permits, influenced nearly $104,700,000 of
construction and over 772,000 square feet of building area to implement strategies that are
environmentally and socially responsible, and improve occupant health. This report also outlines
additional findings requested under new State law to support the City's Green Building
Ordinance.
RECOMMENDATION
Staff recommends that the City Council review this report describing the past year's performance
of the City's Green Building Program, and adopt the attached Resolution approving findings to
support continued implementation of the existing Green Building Ordinance.
BACKGROUND
For the past three years the City Council has ranked environmental sustainability among its top
annual goals. In June 2008, the City of Palo Alto adopted a mandatory Green Building
Ordinance (PAMC Chapter 18.44) requiring specific project types to meet minimum standards
for compliance and verification using the U.S. Green Building Council (USGBC) Leadership in
Energy and Environmental Design (LEED) or Build It Green (BIG) Green Point Rated (GPR)
green building rating systems. The compliance standards required under the ordinance were
amended in October 2009 to increase requirements for existing buildings, with a particular focus
on energy efficiency, and to make the levels at which projects are required to comply with the
ordinance more effective.
Palo Alto's comprehensive Green Building Program (GB program) was launched in the Fall of
2008 as the mechanism for implementing the Green Building Ordinance. Green building was
created as a comprehensive approach to sustainable building practices. Since adoption of the
ordinance, the GB program is continually expanding to cover not only the green building
ordinance, but other ordinances and related Council -adopted goals and plans, including the
City's Energy Efficiency Ordinance (PAMC 16.18), Construction and Demolition Debris
CMR: 210:10 Page 1 of 11
Diversion Ordinance (PAMC 5.24), Climate Protection Plan (CCP), Zero Waste goals and
Comprehensive Plan.
The primary goal of the GB program is the design, building and operation of a new generation of
efficient, environmentally responsible, and healthy buildings in the City of Palo Alto. Building
green has a significant impact on reducing energy, water and natural resource consumption, and
can improve Palo Alto citizens' well-being through improved indoor air quality and comfort.
Green building is the practice of using an integrated approach to building construction and
renovation, building systems, and building sites to achieve more environmentally responsive,
healthy, productive, economical places to work, learn and live. Green building also extends
beyond the physical buildings to consider how the site and buildings interact with the community
and transportation infrastructure.
The GB program has been in effect since the Fall of 2008. The status of the GB program's
performance is reported annually to the City Council at its Earth Day meeting.
DISCUSSION
The information compiled on the GB program is organized into four sections; (1) Green Building
Program Performance, (2) Construction Demolition and Debris Diversion, (3) Operation
Highlights, and (4) GB Program Optimization. The additional findings needed for the continued
implementation of the City's green building ordinance in accordance with State Assembly Bill
210 are briefly described following the GB program discussion. AB 210 addresses procedures
for local governments to adopt green building standards.
Green Building Program:
1. Green Building Program Performance
During the 2009 calendar year, there were 431 permit applications for projects that were covered
under the GB program. Ten permit applications received waivers from the requirements due to
unique project scopes, such as antenna installations, which brought the total number of projects
covered to 421. The distribution of project types are outlined in Table 1 below. It is particularly
noteworthy that 80 permits had mandatory green building requirements, including 26 projects
undergoing the U.S. Green Building Council LEED Certification (verified through a 3rd Party or
the City), and 54 projects undergoing Build It Green GPR Certification (through a 3rd Party).
Three additional projects voluntarily chose to go through LEED Certification, bringing the
projects undergoing LEED Certification to 29.
Overall these projects accounted for $104,694,995 of construction valuation and over 772,453
square feet of building area, anticipated to house over 700 Palo Alto residents and/or workers.
CMR: 210:10 Page 2 of 11
— 2009 Green Building Program Permitted Projects
Project Type
Number of
Applications
% of Total
Applications
Requirement
Type*
Nonresidential Permits
170
40%
New Construction Greater than 500 sf
11
3%
M+ EE + CD
Major Renovations Greater than 5,000 sf
15
4%
M + EE+CD
Renovations Greater than $100,000
64
15%
V + CD
Renovations Greater than $25,000
39
9%
CD
Demolitions
41
10%
CD
Residential Permits
251
60%
Single Family New Construction Greater than 1,250
(including additions and rebuilds)
52
12%
M + EE+ CD
Single Family Renovations Greater than $75,000
116
28%
V + CD
Multi -Family New Construction (3 or more units)
2
0%
M +EE+ CD
Multi -Family Renovations Greater than $100,000
4
1%
V + CD
Demolitions
77
18%
CD
* M = Mandatory Green Building Requirements, V = Voluntary Green Building Requirements, EE= Energy
Efficiency Requirements, CD = Waste Diversion Requirements.
There were 417 permit applications covered under the GB program that finished construction
during 2009. 12 of the permit applications are pending their certificates or plaques from LEED or
BIG, and therefore their results will be included in next years report. The distribution of
completed projects is summarized in Table 2 below.
— 2009 Green Building Program Completed Projects
Project Type
Number of
Applications
Applications
Under Green
Building
Ordinance
% of Total
Applications
Requirement
Type Under
Green Building
Ordinance*
Nonresidential Permits
132
95
33%
New Construction Greater than 500 sf
11
0
3%
M + CD
Major Renovations Greater than 5,000 sf
19
12
5%
M + CD
Renovations Greater than $100,000
49
39
12%
V+ CD
Renovations Greater than $25,000
20
19
5%
CD
Demolitions
33
25
8%
CD
Residential Permits
275
120
67%
Single Family New Construction Greater
than 1,250 sf (including additions and
rebuilds)
73
3
18%
M+ CD
Single Family Renovations Greater than
$75,000
114
49
28%
V + CD
Multi -Family New Construction (3 or more
units)
2
0
0%
M+ CD
Multi -Family Renovations Greater than
$100,000
2
0
0%
V+ CD
Demolitions
81
67
20%
CD
* M = Mandatory Green Building Requirements, V = Voluntary Requirements, CD = Waste Diversion
Requirements
CMR: 210:10
Page 3 of 11
There were 15 permits subject to mandatory green building requirements which were
successfully completed in 2009. As mentioned above, 12 additional projects completed
construction, but have not yet completed certification. In Table 2. these are the projects noted
with an "M", for having mandatory requirements. The GB program is still experiencing a lag in
the number of completed projects subject to mandatory requirements, since those projects
typically have a longer construction period. Therefore, many projects covered under the
requirements during the first year of the GB program, starting soon after the July 1, 2008
effective date, have not yet completed construction. In addition, while only 15 projects overall
have successfully completed the GB program, many other projects that predate the mandatory
requirements are voluntarily meeting the City's requirements.
All projects subject to mandatory requirements that completed the GB program achieved, or
exceeded the minimum required number of green building points. On average, applicants of
nonresidential projects subject to mandatory requirements have proposed or achieved a green
building "score" under LEED that is 15% higher than required by the City. Applicants of
residential projects on average are proposing to achieve a GPR green building score that is 21%
higher than required by the City.
An applicant can achieve a green building score by selecting a variety of sustainable strategies
that best suit the particular needs and requirements of the owner. Each project can choose a
different combination. The priority areas for the strategies that applicants chose are shown in
Figure 1. below. This figure shows that the most preferred strategy for projects was energy
efficiency, most likely because the owner can reap calculated financial savings from investments
in this strategy and because CPA Utilities offers a variety of energy efficiency rebates.
Figure 1. Project Point Distribution by Priority Areas
50%
40%
30%
20%
10%
0%
Community &
Site
Energy Indoor Air Water Materials &
Efficiency & Quality Efficiency Resource
Renew abies Efficiency
During the first year of GB program implementation, staff established key performance
indicators (in addition to the number of permits and level of compliance) to allow the community
and Council to better understand the environmental and health benefits of the GB program, as
well as to aid in mandatory reporting to the State on greenhouse gas emissions, waste diversion
and other sustainability indicators. Table 3 below summarizes these indicators for all projects
that completed the GB program in 2009, and may be used in subsequent years to analyze trends
and make projections as the GB program continues to evolve. The results only include measures
CMR: 210:10
Page 4 of 11
that were actually implemented; therefore all indicators, except the last two, are from the 15
projects with mandatory green building requirements that completed the GB program. The last
two indicators include all of the projects in the GB program, since all projects were subject to
mandatory construction and demolition debris diversion.
Table 3. Pro -ram Performance Indicators
Indicator
Result
Dollars spent on green construction.
$16,605,010
Square feet of green construction in the City.
174,051 sf
Employees and/or residents housed in green facilities.
>900
Average energy efficiency savings beyond the CA State Energy Code.
21%
Electricity savings per year.
21,526 kwh
Natural gas savings per year.
535 therms
Indoor water use savings per year.
286,389 gallons
Outdoor water use savings per year.
50,000 gallons
Money expended on environmentally preferable building materials.
>$700,000
Waste diverted from the landfill.
16,122 tons
Green house gas emissions.
5,800 CO2 metric tons*
* Energy, water and waste emissions were included in this indicator. As the ability and affordability of obtaining
life cycle assessments improves for building materials and products, these will also be included.
There are several important points to note about the data in Table 3. First, the results cannot be
construed as gross savings or reductions because they also capture avoidance of increases
typically seen with new development. For example, reduction in energy use for a new building
may in part reduce the City's overall energy use, but the larger reductions may be attributed to
avoidance of increased energy use associated with a new, and usually larger building. Secondly,
the GB program does not require the results be compared to the operation of the building after
construction, therefore the results are based on "designed" savings (see Discussion on Program
Optimization). Also, some of the strategies produce one time savings, while other savings are
realized over the life of the building resulting from the incorporation energy efficiency measures,
reduced home size, photovoltaic systems, energy -efficient appliances (including non-HCFC
refrigerants), construction waste recycling, and water efficient landscapes and plumbing fixtures.
Finally, carbon emission reductions and avoidance differ by project type and the strategies used
to comply with the green building ordinance, so generalizations for sectors or project types can
be difficult.
There are additional performance indicators that were difficult to quantify, particularly those
relating to indoor air quality and occupant health; therefore, these indicators are not included in
Table 3. Most completed projects included the installation of low emitting materials and
protection of mechanical equipment from dust and toxins during construction, and resulted in
increased levels of outside air ventilation per occupant.
2. Construction and Demolition Debris Diversion
While there is no historical data on the GB program performance to make comparisons with past
performance, staff has been collecting and reporting on construction and demolition debris
diversion (C&D) since 2005. Projects since that time have been required to reduce the amount of
waste being disposed of in landfills through reuse and recycling. It is estimated that nearly 22%
of all waste generated in Palo Alto is construction and demolition debris.
CMR: 210:10 Page 5 of 11
While in 2009 the total number of permits that were subject to the C&D requirements decreased
from 531 to 431 permits, the number of permits that were finaled, completed construction or
demolition, doubled from 219 to 417. These permits resulted in the diversion of 16,122 tons of
debris from the landfill. Figure 2 shows how this total compares to previous years; Figure 3
shows the type of waste that was diverted. Figure 4 shows where contractors took the debris. As
seen in these figures, over 70% of the debris was "mixed debris" not separated, and over 20%
was concrete. The most popular destination for the debris was Zanker MPF in San Jose, closely
followed by the City hauler PASCO/Greenwaste, which also began hauling waste to Zanker
MPF in 2009.
It is important to note that an increase in the amount of waste diverted is not always the best
indication, because it is ideal to reduce the potential amount of waste in the first place.
Figure 2. Total C&D Debris Diverted By Year
Figure 3. C&D Debris Diversion By Type of Waste
2009 C&D Debris by Type
• Mixed 11,193 Tons
IN Wood 101 Tons
❑ Salvaged 196 Tons
O Concrete 4,561 Tons
• Metal 71 Tons
CMR: 210:10
Page 6 of 11
Figure 4. C&D Approved Facilities By Most Used
C&D Approved Facilities By Most Used
O Granite Rock 8%
■ Zanker MPF 33%
O PASCO 24%
O San Carlos Transfer Station 10%
■ SRDC 4%
• SIMS Metal 3%
■ Raish Products 3%
o Stevens Creek Quarry6%
■ Whole House Supply/ Reuse
People 5%
■ Other 5%
One of the requirements of the program, and a high priority during the last year, is to require that
demolition contractors make an attempt to salvage valuable items for reuse. At the end of a
building's life, demolition generates large amounts of material that can be reused or recycled,
principally equipment, brick, cabinetry, wood, concrete, drywall and miscellaneous equipment
and fixtures. The City's program staff advocate "deconstructing" all or part of a structure rather
than demolishing it. Deconstruction is the orderly dismantling of building materials for reuse or
recycling. In contrast to demolition, where buildings are knocked down and materials are either
taken to a landfill or recycled, deconstruction involves carefully taking apart portions of
buildings and removal of their contents with the primary goal being reuse.
In 2009, salvaged materials accounted for over 196 tons of diverted debris, generated from 22
projects. The amount of salvaged materials increased by 90% from 2008, and the number of
projects choosing to salvage increased by 50%. The two most frequently used salvage outfits
were Whole House Building Supply and the Reuse People.
There were 20 projects in 2009 that failed to comply with the C&D diversion requirements,
either by failing to provide proof of diversion or through deliberately taking debris to a landfill.
The majority of these projects were small residential renovations and many property owners had
problems with their contractors who were fired or left midway through the projects. The City
collected $5,000 in fines thus far through code enforcement from these projects as penalties for
non-compliance.
3. Operation Highlights
• Participation in Regional, State and National Events and Efforts — City staff continually
participates in a variety of events and efforts to ensure the GB program stays current and
relevant. City staff regularly participates with several organizations, including the Green
Building Committee of the California Association of Building Officials, the Energy and
Climate Taskforce to develop green building indicators for cities nationally through ICLEI
(Local Governments for Sustainability), the Build It Green Public Agency Council,
BAWSCA's indoor, outdoor and gray -water working groups, and the Santa Clara County
CMR: 210:10 Page 7 of 11
Cities Association Green Building Collaborative to develop policy recommendations for use
throughout the county. In addition, staff was recently chosen to work on a California Energy
Commission's PIER Project to develop recommendations for assessing greenhouse gas
emissions under AB 32 for development projects statewide. The City's Planning and Utilities
Departments have also hosted numerous workshops for the building and homeowner
communities on various green building topics.
• Achieved Greater Cost Recovery — Staff assessed the fiscal and staffing needs to run the GB
program to ensure greater cost recovery. The FY 2010 budget adopted in June 2009, and the
upcoming FY 2011 budget includes fees ranging from $100 - $1200 for projects subject to
the Green Building Ordinance in order to recover expenses for staff time spent on
compliance (the review of projects and enforcement of requirements). Proposed project fees
were determined by the size of the project and whether the City provides in-house
verification or the applicant opts for 3`a party verification. In 2009, the City collected
$104,402 in fees for the green building and construction and demolition debris diversion.
Program revenues are expected to increase in 2010 since the collection of fees did not start
until August 2009.
• Ordinance Maintenance — In April and October 2009 staff brought to Council amendments to
the Green Building, Construction and Demolition Debris Diversion and Energy Efficiency
Ordinances. The adopted revisions expanded requirements for existing buildings, adjusted
the definition of covered projects to capture more permits, and allowed the option for in-
house (City) verification of projects that are subject to the ordinance.
• Green Building Website — The Planning Department website now includes a new green
building page that allows applicants to view successful green projects in the City, the goals
and purpose of the green building program, links to financial incentives for building green,
and outside resources. From the site, users can download the requirements for a particular
project type and learn about events and other news. The green building webpage is quickly
becoming one of the most visited webpages for the Department. It is available at:
http://www.cityofpaloalto.org/depts/p1n/green building/default.asp.
• Inter and Cross Departmental Coordination — Staff believes that a significant operational
highlight in 2009 has been the intra- and cross -departmental coordination efforts that were
undertaken to make the GB program more successful.
• Planning Department, Current Planning Section - Planners educate applicants on GB
program requirements at the earliest stages of design. In addition, the program is run
out of this Section with a full time staff member.
• Planning Department, Building Division — Building Technicians require green
building review prior to issuance of permits and assist applicants with completing
applications. The inspection scheduling staff ensures that the green building
requirements have been satisfied prior to scheduling final inspections. The Code
Enforcement Officers assist by following up with noncompliant projects. The Plan
Check Engineers and the Chief Building Official advise applicants on how to
CMR: 210:10 Page 8 of 11
incorporate green building measures into project design in ways that comply with
regular Building Code requirements.
• Public Works Department — The Zero Waste staff help to provide resources on waste
diversion, manage the contract with the City's waste hauler (Greenwaste) and
coordinate submittal of documentation to the State regarding the City's debris
diversion accomplishments.
• Utilities Department — Staff coordinates trainings on green building topics of interest
to the building community, and coordinates the submittal and sharing of information
on rebates and incentives for building green. Staff also assists with calculating the
results for various performance indicators to ensure consistency with how the City is
collecting data on key target measures such as greenhouse gas emissions and water
use reductions. In addition, advises on future program optimization on these items.
4. GB Program Optimization
Looking ahead, staff anticipates preparing for the time when green building is universal in Palo
Alto. The following are some of the activities planned for the coming years:
1. Ordinance Updates and the California Green Building Code — In January 2010, California
adopted its first mandatory green building code, CalGreen, and in March 2010, the
International Code Council adopted the first national green building code, the
International Green Construction Code (IGCC). In addition, the State Model Water
Efficient Landscape Ordinance was recently updated, and regional efforts are underway
encouraging more stringent local water efficiency standards. CalGreen will become
effective for all cities in California in January 2011. Over the next several months, staff
will be reviewing the new CalGreen requirements in conjunction with the City's GB
Program ordinances, and will be working cross -departmentally to bring adoption of
CalGreen standards, along with any appropriate local amendments, to the Council for
approval in the Fall of 2010.
• Energy Code Enforcement — The California Energy Code has been in effect and continually
updated since the early 1970's. The Energy Code continues to be one of the most
comprehensive and stringent codes, internationally. However historically, enforcement
priorities in building departments across the state have been focused on fire and safety
enforcement issues. With increased attention on the environmental impacts of energy
production and use, staff is exploring ways to increase the review and enforcement of Energy
Code requirements and encourage those who are claiming credit to go beyond minimum
requirements. In 2010, staff plans to undergo training on the 2008 Energy Code acquiring
HERS (Home Energy Rating System), and the California Energy Plan Examiner (CEPE)
certifications to increase knowledge and capacity to enforce Energy Code compliance. In
addition, plan to revise the energy field inspection protocol in the City's Building Inspection
program.
• City Planning - Staff will seek innovative ways to incorporate the LEED for Neighborhood
Development (LEED-ND) program into large development projects and broad City planning
strategies.
CMR: 210:10 Page 9 of 11
• Building Operations — Staff from the Planning, Public Works, and Utilities Departments have
a strong interest in how the City can best "lead by example" when managing the operation
and maintenance of buildings. Improving the performance of the existing building stock has
the greatest potential for reducing the City's greenhouse gas emissions and overall
environmental footprint. While the GB ordinance requires large projects seeking permits to
assess their current energy performance, improve it and predict future energy use, there is no
assurance that the savings or performance is maintained throughout the life of the building.
In addition, the ordinance is only triggered by application for a Building Permit. Some cities
in California have adopted or are considering adopting ordinances to require green building
improvements at "point of sale" of a property or requirements for some buildings to meet
certain performance standards for energy consumption and other metrics over a period of
time. While such requirements have not been formally considered by Palo Alto to date,
exploring these and other ways that the City can promote the better operation of existing
buildings will become an important strategy for achieving greenhouse gas reduction goals.
J
I!
Green Building Ordinance Findings in Accordance with AB 210:
In 2009, California released the first model Green Building Code, which placed green building
measures into the California Building Standards Code, CalGreen. AB 210 addresses' procedures
for local governments to adopt green building standards. Existing building standards law
provides that a local government may adopt "more restrictive requirements" than regular
Building Code requirements, but only after it finds that such requirements "are reasonably
necessary because of local climatic, geological, or topographical conditions."
The City has followed this requirement to make findings in cases of previously adopted Building
Standards Code amendments, and filed similar updated findings with the California Energy
Commission for the City's Energy Efficiency Ordinance. Since AB 210 establishes that these
requirements also apply to local green building standards, and the City's Green Building
Ordinance findings were adopted prior to this requirement, staff recommends that the Council
adopt the attached resolution to update the previous set of findings and thereby make them
compliant with AB 210 until staff completes the full review of CalGreen and develops any
necessary local amendments to bring to Council for adoption in the Fall. In summary, the
findings pertain to the City's energy supply, the need to reduce emissions associated with
resource use, and the desire to protect the natural environment. The Council adopted findings
will make the City's current Green Building Ordinance compliant without modifications to it.
POLICY IMPLICATIONS
This is an information report only. Adoption of the attached Resolution has no implications on
existing City policies, is consistent with the requirements of AB210 and restates and supplements
the findings approved by the Council in 2008 when the original GB ordinance was adopted.
RESOURCE IMPACT
There are no resource impacts associated with this report or adoption of the attached Resolution.
ENVIRONMENTAL REVIEW
The adoption of the proposed Resolution does not constitute a project under the California
Environmental Quality Act (CEQA) and therefore requires no further environmental review.
CMR: 210:10 Page 10 of 11
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
erector of Planni g a , a Community Environment
JAMES Al....-
City Manager
ATTACHMENTS
A. Resolution of the City Council Additional Findings of Fact for the City's Green Building
Ordinance.
CMR: 210:10 Page 11 of 11
ATTACHMENT A
** NOT YET APPROVED **
Resolution No.
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 of the 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:
100413 sh 8261286 1
** NOT YET APPROVED **
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
100413 sh 8261286
2
** NOT YET APPROVED **
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;
100413 sh 8261286
3
** NOT YET APPROVED **
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
CPAU 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
100413 sh 8261286
4
** NOT YET APPROVED **
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.
//
100413 sh 8261286
5
** NOT YET APPROVED **
SECTION 6. The Council found in 2008 that the Green Building Ordinance was
categorically exempt from the requirements of the California Environmental Quality Act
("CEQA") 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:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Planning & Community
Environment
100413 sh 8261286
6