HomeMy WebLinkAboutStaff Report 446-10TO: HONORABLE' CITY COUNCIL
FROM: CITY MANAGER
DATE: DECEMBER 13, 2010
REPORT: CONSENT
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 446:10
SUBJECT: Second Reading for the Adoption of two Ordinances: (1) Amending Title 16
of the PAMC to Add a New Chapter 16.14 (CA Green Building Standards
Code), and (2) Amending Certain Sections of Title 5 (Health and Sanitation),
Title 12 (Public Works and Utilities), Title 16 (Building Regulations), and
Title 18 (Zoning), and Repealing Chapter 9.06 (Wood Burning Fireplaces
and Appliances), To Promote Consistency With State Green Building
Standards and Add Criteria For Sustainable Neighborhood Development.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinances (Attachments A and B),
which are redlined to reflect the revisions made by the Council on November 8, 2010.
BACKGROUND
On November 8,2010 the City Council adopted two ordinances relating to sustainable, green
development in Palo Alto with revisions. The Council also requested that when the ordinances
returned for second reading, staff provide an assessment of the resource impacts associated with
the amendments. The revisions Council directed are shown in the redlined ordinances and as
described below.
DISCUSSION
The revised ordinances are provided as Attachments A and B.
Attachment A
The first ordinance (Attac1nnent A) adopts the California Green Building Code (CALGreen) and
local amendments, with the revisions provided by the Council at the first reading on November
8, 2010, which were to:
1) Ensure the existing PAMC language related to salvage and diversion requirements is
consistent with the language in the California Green Building Code;
2) Require that 15 points from the Residential GreenPoint Rated checklist come from a
combination of indoor and outdoor water efficiency strategies (rather than from outdoor
water efficiency alone); and
CMR:446:10 Page 1 of4
3) Alter the Energy Performance Review (EPR) pilot program for reviews of existing
buildings over 10,000 square feet (sf) to: (1) establish a two-year EPR program applying
to all projects approved from January 1, 2009 forward, (2) ensure that perfonnance
reviews shall not occur on less than 1/3 ofprojects captured, and (3) require that projects
subject to EPRs take corrective actions if they fail; and (4) require staff to provide
Council a report in the first half of 2013 with recommendations for a permanent EPR
plan to be effective in 2014.
Item #1 has been addressed in Attachment A, as the CALGreen definition for Salvage has been
amended in Section 16.14.220. Staff reviewed the entirety of the existing Construction and
Demolition Debris Ordinance to ensure that the rest of the intent was carried out in CALGreen or
the City's local amendments.
Itenl #2 has been included in the ordinance (Attachment A) per Council's direction, allowing the
15 point residential requirement to be derived from either indoor or outdoor water saving
strategies, rather than from outdoor strategies alone, as City staff had initially recommended.
Staff notes that, as amended, the City's water efficiency requirements will most likely be less
stringent than surrounding cites, and lead to somewhat less water savings. During the past year,
the Bay Area Water Supply and Conservation Agency (BA WSCA) worked with its member
agencies, including Palo Alto, on setting minimum water efficiency requirements for outdoor
landscapes. These standards include a requirement that for landscapes greater than 2,500 sf, turf
grass must be limited to 25% of the landscaped area, or the landscape must meet a water budget
using a 70% evapotranspiration rate, in addition to meeting other efficiency requirements for
irrigation equipment (controllers and emitters) and water features (fountains). Staffs initial
proposal created an equivalent requirement using GreenPoint Rated criteria, a performance based
systenl familiar to the building community, as opposed to introducing another layer of
requirements and paperwork.
Item #3 will return to Council in early 2011 as a Resolution to implement the Energy
Performance Review (EPR) Pilot Program. Attachment A in relation to Item No. 1 establishes
the statutory authority for the City to conduct energy performance reviews. The Council's
revisions relate to the administrative details and requirements for implementing the EPR pilot
program, such as how and when City staff will monitor and enforce the guidelines. Staff
proposes that these administrative details be adopted by resolution rather than as part of the
City's local amendments to the State Building Standards Commission. Since the City's local
amendments and any changes have to be approved by the California Building Standards
Commission, a resolution establishing how the City chooses to enforce the program can be
established more easily and will provide more flexibility.
The Resolution will be forwarded with a staff report providing discussion related to resource
impacts and other outstanding issues. The Resolution will include but 'will not be limited to:
(a) Administrative regulations for a two-year energy performance review pilot program from
CY2012-CY2013;
(b) Specification that one-third of the number of projects over 10,000 sf submitted for
building permit after January 1, 2009 would be subject to the performance review
program.
CMR: 446:10 Page 2 of4
(c) Provision that a staff report on the pilot program outcomes will be presented to Council
in June of 2013, and will include a recommendation on whether or not to make the
program mandatory in 2014; and
Staff is working to identify, obtain and analyze data to address relevent issues, which include:
(a) The respective roles of the Utilities and Planning and Community Environment
Departments.
(b) What is considered an eligible project and how the sample size will be selected.
(c) What level of staff resources (FTE) will be required to: 1) establish metrics for the energy
performance reviews and acceptable deviations from designed to actual energy use, 2)
conduct outreach necessary to create an understanding with, and to encourage
cooperative responses from building applicants, 3) work with applicants undergoing
energy performance reviews, 4) assist applicants to take corrective actions if performance
reviews demonstrate unsatisfactory results, and 5) establish appropriate code enforcement
procedures for non compliance.
The Resolution to be returned to Council may be accompanied by discussion and decisions on
how to provide time and staffing resources funding to accomplish the program.
Attachment B
The second ordinance (Attachment B) anlends existing PAMC provisions to promote consistency
and eliminate redundancies between CALGreen and the PAMC, and amend PAMC Chapter
18.44 to: 1) refer to the new green building requirements, as relocated into Chapter 16.14,
2) provide detail on necessary documentation for planning review, and 3) establish a pilot
program for review of certain developments in reference to Leadership in Energy and
Environmental Design for Neighborhood Development (LEED-ND). Council revisions to this
ordinance at the first reading on Novelnber 8th were focused on the LEED-ND pilot program, to:
(a) Exempt all single family residences from the LEED-ND pilot program, including historic
homes that may not be categorically exempt from CEQA,
(b) Revise the parcel size that triggers LEED-ND requirements to ~ acre or 3 or more
dwelling units, and
(c) Revise the LEED-ND minimum point requirement to 30 points.
These changes were made to the Ordinance (Attachment B).
RESOURCE IMPACT
Staff has determined that the resource impacts associated with the Council's amendments to the
LEED-ND pilot program would be minimal. The additional projects captured by decreasing the
parcel size trigger point is expected to be less than substantial (5-10) based on a review of
planning applications from the 2009-2010 Fiscal Year.
Impacts and potential added resources may be needed for the Energy Performance Review Pilot
Program (returning to Council in January 2011).
NEXT STEPS
After the second reading the CALGreen Ordinance (Attachment A) will be sent to the California
Building Standards Commission for approval and filing. Both Ordinances will become effective
CMR: 446:10 Page 3 of4
January 6,2011. Staff will return to Council in early 2011 with the Energy Perfonnance Review
Pilot Program Resolution for consideration.
PREPARED BY:
KRISTIN PARINEH
Sustainability Planner
DEPARTMENT HEAD REVIEW:
CURTIS WILLIAMS
Director, Planning and Community Environment
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A:
Attachment B:
CMR: 446:10
Revised Ordinance Adopting New P AMC 16.14 (CALGreen and Local
Amendments)
Revised Ordinance Repealing PAMC 9.06 and revising Chapters 5.24,
12.32, 16.11 and 18.44
Page 4 of4
ATTACHMENT A
***NOT YET APPROVED***
Ordinance No. ---
Ordinance of the Council of the City of Palo Alto Adopting a
New Chapter 16.14 of the Palo Alto Municipal Code,
California Green Building Standards Code, 2010 Edition, and
Local Amendments and Related Findings
WHEREAS, 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; and
WHEREAS, the City Council of the City of Palo Alto has identified Environmental
Protection as one of its top five goals, and green building is a key component of Environmental
Protection; and
WHEREAS, green building design, construction, restoration, operation, and
maintenance can have a significant positive effect on energy, water, and resource conservation,
waste management and pollution reduction, and the health and productivity of a property's
residents, workers, and visitors over the life of a building and/or site; and
WHEREAS, 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; and
WHEREAS, the City has already adopted several ordinances to promote green
building, sustainability, and environmental protection, including a green building ordinance
(adopted 2008), a construction and demolition debris recycling ordinance (adopted 2004,
amended 2009), a recycled water ordinance (adopted 2008), a storm water pollution prevention
ordinance (adopted 2003, amended 2005 & 2006) and water use regulations (adopted 1989,
amended 1990, 1991, 1993); and '
WHEREAS, the State of California has adopted new mandatory green building
regulations, known as the California Green Building Standards Code "CALGreen" that will take
effect on January 1, 2011 for all new construction in the state and covers many of the same
matters contained in the City's green building and sustainability ordinances; and
WHEREAS, adoption of the California Green Building Standards Code promotes
statewide consistency and predictability for building professionals; and
WHEREAS, to maintain the City'S existing level of green building requirements and
to harmonize the City's various sustainability standards and regulations with the provisions of
CAL Green, the City intends to adopt local amendments to CAL Green, make certain enhanced
measures of CAL Green mandatory, and repeal and amend existing provisions of the City's green
101129 sh 8261465
***NOT YET APPROVED***
building and sustainability ordinances, with the goal of providing a comprehensive, yet
straightforward approach to green building in the City.
Now, therefore the Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is amended to adopt a
new Chapter 16.14 to read as follows:
16.14.010 2010 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2010 Edition, Title 24, Part 11 of the California
Code of Regulations, together with those omissions, amendments, exceptions and additions
thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the
same as if fully set forth herein. One copy of the California Green Building Standards Code, 2010
Edition, has been filed for use and examination of the public in the Office of the Building Official
of the City of Palo Alto.
Whenever the phrases "California Green Building Standards Code," "California Green Building
Code," or "CALGreen" appear in this code or in any ordinance of the City, such phrases shall
be deemed and construed to refer and apply to the "2010 California Green Building Standards
Code" as adopted in the California Code of Regulations, Title 24, Part 11 and this chapter.
16.14.020 2010 California Green Building Standards Code Appendix Chapters
adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2010 Edition,
are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein:
A.
B.
16.14.030
Appendix A4 -Residential Voluntary Measures
Appendix A5 -Nonresidential Voluntary Measures
Cross -References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Standards Code, 2010 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Enforcement --Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
assistant building official; (3) building inspection supervisor; (4) director of planning and
community environment, and (5) code enforcement officer.
101129 sh 8261465 2
***NOT YET APPROVED***
16.14.050 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Green Building Standards Code, 2010 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.14.060 Section 101.3 amended -Scope.
Section 101.3 of the California Green Building Standards Code is amended to read:
101.3 Scope. The provisions of this code shall apply to the planning, design,
operation, construction, use and occupancy of every building or structure unless
otherwise indicated in this code, throughout the City of Palo Alto.
16.14.070 Section 101.3.1 amended -State-regulated buildings, structures and applications.
Section 101.3.1 of the California Green Building Standards Code is amended to read:
101.3.1 State-rel(ulated buildings, structures and applications. Provisions of
this code shall apply to the following buildings, structures, and applications
regulated by state agencies as referenced in the Matrix Adoption Tables and as
specified in Sections 103 through 106, except where modified by local ordinance
pursuant to Section 101.7. When adopted by a state agency, the provisions of this
code shall be enforced by the appropriate enforcing agency, but only to the extent
of authority granted to such agency by statute.
1. State-owned buildings, including buildings constructed by the Trustees of the
California State University, and to the extent permitted by California laws,
buildings designed and constructed by the Regents of the University of
California and regulated by the Building Standards Commission. See Section
103 for additional scoping provisions.
2. Energy efficiency standards regulated by the California Energy Commission
3. Residential buildings, whether low-rise or high-rise, constructed throughout
the City of Palo Alto, including but not limited to, hotels, motels, lodging
houses, apartment houses, dwellings, dormitories, condominiums, shelters for
homeless persons, congregate residences, employee housing, factory-built
housing and other types of dwellings containing sleeping accommodations
with or without common toilets or cooking facilities regulated by the
Department of Housing and Community Development. See Section 104 for
additional scoping provisions.
4. Public and private elementary and secondary schools, and community college
buildings, whether or not regulated by the Division of the State Architect. See
Section 105 for additional scope provisions.
5. Qualified historical buildings and structures and their associated sites
regulated by the State Historical Building Safety Board within the Division of
the State Architect.
101129 sh 8261465 3
***NOT YET APPROVED***
6. General acute care hospitals, acute psychiatric hospitals, skilled nursing
and/or intermediate care facilities, clinics licensed by the Department of
Public Health and correctional treatment centers regulated by the Office of
Statewide Health Planning and Development. See Section 106 for additional
scoping provisions.
7. Graywater systems regulated by the Department of Water Resources and the
Department of Housing and Community Development.
16.14.080 Section 101.4 amended -Appendices.
Section 101.4 of the California Green Building Standards Code is amended to read:
101.4 Appendices. Certain voluntary measures contained in the appendices of
this code are mandatory in the City of Palo Alto pursuant to Palo Alto Municipal
Code section 16.14.020. Refer to Sections 101.10, 304, Chapters 4, 5 and
Appendix A5.
16.14.090 Section 101.10 amended -Mandatory requirements.
Section 101.100fthe California Green Building Standards Code is amended to read:
101.10 Mandatory requirements. This code contains both mandatory and
voluntary green bUilding measures. Mandatory and voluntary measures are
identified at the beginning of Chapters 4 and 5 and in the appropriate application
checklists contained in this code, when modified and applied to specific projects.
16.14.100 Section 202 amended Defmitions added.
Section 202 of the California Green Building Standards Code is amended to add the following
definitions:
ADDITION. For application of green building requirements, this term means new
floor area added to an existing building or structure.
BUILD IT GREEN, GREENPOINT RATED. Build It Green means a non-profit
organization that administers the GreenPoint Rated program for the design and
construction of environmentally responsive and healthy homes. The program
includes a rating system that is third-party verified and includes recognition.
ENERGY STAR PORFOLIO MANAGER. Energy STAR Portfolio Manager
(Portfolio Manager) shall mean the program managed by the u.s. Environmental
Protection Agency that offers an energy management tool allowing applicants to
track and assess energy and water consumption of a building project. Tracked
projects receive an energy performance rating on a scale of 1-100 relative to
similar buildings nationwide. Applicants are is not required to achieve a set
rating.
101129 sh 8261465 4
***NOT YET APPROVED***
HERS IL HERS shall mean the California Home Energy Rating System, a
statewide program for residential dwellings administered by the California Energy
Commission and defined in the 2008 California Building Energy Efficiency
Standards. HERS Phase I provides field verification and diagnostic testing to
show compliance with Title 24, Part 6, of the 2008 California Building Energy
Efficiency Standards. HERS Phase II includes whole-house home energy
efficiency ratings for existing and newly constructed homes. Applicants are not
required to achieve a set rating.
HIGH-RISE RESIDENTIAL BUILDING. A building that is of Occupancy
Group R and is not a low-rise residential building.
MULTI-FAMILY RESIDENTIAL. Any low-or high-rise residential building or
structure with three or more attached units.
INVASIVE PLANTS. Invasive plants are both indigenous and non-indigenous
species with growth habits that are characteristically aggressive. Invasive plants
that are of concern and may be prohibited by this code are defined as such by
WUCOLS (UCCE). http://ucce.ucdavis.edulfileslfilelibrary/1726/15359.pdf.
REB UILD. For application of green building requirements, this term means any
remodeled building or structure where the remodel includes exposure of
insulation, or the removal of exterior sheathing on 25% or more of the exterior
walls for a residential project, or 50% or more of the exterior walls for a
nonresidential project.
RENOVATION. Means any rehabilitation, repair, remodel, change, or
modification to an existing building, where changes to floor area and the footprint
of the building are negligible. The valuation of renovation improvements shall be
determined by the Director of Planning and Community Environment, upon
recommendation of the Building Official. The Building Official may exclude from
such valuation the cost of (a) seismic upgrades, (b) accessibility upgrades, or (c)
photovoltaic panels or other solar energy or similar devices exterior to the
building. Renovation valuation thresholds identified in Chapters 4 and 5 shall be
adjusted to reflect changes in the City's valuation per square foot for new
construction, using valuations in effect as of July 1, 2008, as the base index.
RESIDENTIAL BUILDING. (See "low-rise residential building" and "high-rise
residential building. '')
SQUARE FOOTAGE. For application of green building requirements, square
footage means all new and replacement square footage, including basement areas
(7 feet or greater in height) and garages, except that unconditioned garage space
shall only count as 50%. Areas demolished shall not be deducted from the total
new construction square footage. Square footage may also apply to landscapes, in
101129 sh 8261465 5
***NOT YET APPROVED***
which case it is the total surface area of the site not covered by impervious
surfaces.
16.14.110 Section 303.1.2 added -Cumulative construction.
Section 303.1.2 is added to the California Green Building Standards Code to read:
303.1.2 Cumulative construction. Cumulative construction over any two-year
period, or a project completed in phases, shall be considered as a single project,
subject to the highest level of green building requirements for that project, unless
exempted by the Building Official as impractical for compliance.
16.14.120 Section 304 amended -Voluntary Tiers.
Section 304 of the California Green Building Standards Code is amended to read:
II
II
II
304.1 Purpose. Voluntary tiers are intended to further encourage building
practices that improve public health, safety and general welfare by promoting the
use of building concepts which minimize the building's impact on the environment
and promote a more sustainable design. Use of the voluntary tiers is required in
the City of Palo Alto for certain non-residential projects (see Chapter 5 for
specific requirements).
304.1.1 Tiers. The provisions of Appendices A4 and A5 outline means of
achieving enhanced construction levels by incorporating additional measures.
Buildings complying with tiers specified for each occupancy contain additional
prerequisite and elective green building measures necessary to meet the threshold
of each tier.
Where there are practical difficulties involved in complying with the threshold
levels of a tier, the enforcing agency may grant modifications for individual
cases. The enforcing agency shall first find that a special individual reason
makes the strict letter of the tier impractical and that modification is in
conformance with the intent and purpose of the measure. The details of any
action granting modification shall be recorded and entered in the files of the
enforcing agency. Projects with an unusual scope or with unique circumstances
may qualify for an exemption to the requirements either in whole or in part.
Examples of such projects include cemeteries, ecological restoration projects,
community gardens, commercial cultivation of agricultural products, and antenna
installations.
101129 sh 8261465 6
***NOT YET APPROVED***
16.14.130 Chapter 4 Preface added Green Building Requirements for Project Type and
Scope.
A Preface is added to Chapter 4 of the California Green Building Standards Code to read:
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
Preface -Green Building Requirements for Project Type and Scope
The City of Palo Alto has expanded the types and scopes of projects covered by
this code and established mandatory compliance requirements to address all
aspects of a building's life cycle. For design and construction of residential
projects, the City requires use of the Build It Green, GreenPoint Rated program
to comply with the mandatory measures of Chapter 4 and Appendix A 4. The
following table prescribes the mandatory green building compliance
requirements for residential projects:
101129 sh 8261465 7
Design and
Construction
of Multi
Family
Residential
Design and
Construction
of Single and
Two-Family
Residential
101129 sh 8261465
***NOT YET APPROVED***
1. All new construction
and rebuilds.
Renovations or
alterations > 50% of an
existing unit's square
footage, and that also
include replacement or
alteration of at least two
of the following: HVAC
system, building
envelope, hot water
system, or lighting
system.
2. All new construction,
rebuilds, and additions >
1,250 SF.
Build It Green, GreenPoint Rated (BIG GP R)
minimum requirements and achieve 70 points.
• Additional measures that must be claimed
under BIG GPR:
• A. SITE 2. c. Divert 100% of Asphalt and
Concrete and 80% (by weight) of Remaining
Materials.
• C. LAIVD.SC:APE For new or renovated
fflndlwaped areas greater than 2,500 SF, the
The project must claim 15 points in water
etficiencVffl-:..Jhi5; categor)'.
• BIG GPR minimum requirements and achieve
70 points + 1 point per additional 70 SF over
2,550 SF (150 points maximum)for new
construction and rebuilds, and 50 points for
additions.
• Additional measures that must be claimed
under BIG GPR:
• A. SITE 2. c. Divert 100% of Asphalt and
Concrete and 80% (by weight) of Remaining
Materials.
• C. L41'1DSCAPE J4!hen the landscaped area
is greater than 2.500 SF" II-he project must
claim 15 points in water etJkiency. in this
catCf::,vn')' {lhlf1ds'ctIjJe is included in project
se-epe-:-
8
***NOT YET APPROVED***
Design and 3. Any project not • Compliance with the following CALGreen non-
Construction covered under project. residential mandatory and voluntary measures is
of All scopes 1 and 2 above > required based on project scope:
Residential $25,000 valuation AND • 5.106.2 Local storm water pollution physical site changes prevention. that require major or
minor Architectural • 5.303.5.1 Recycled water infrastructure.
Review. • 5.304 OUTDOOR WATER USE when a
landscape area greater than 1,000 SF is
included in the project scope, and A5.304.4
Potable Water Reduction when a landscaped
area greater than 1,500 SF is included in the
project scope.
• A5.408.3.1Enhanced construction waste
reduction. 80% required for all projects
regardless of scope.
• If the project is over $100,000 in valuation:
• Complete an existing home green
remodeling checklist.
• Complete a HERS II Rating .
Operations 4. Buildings over 10,000 • The City reserves the right to conduct a
SF performance review, no more frequently than
*effective only for those
once every five years unless a project fails
review, to evaluate the building's energy use to projects for which a ensure that resources used at the building and/or building permit is issued site do not exceed the maximum allowance set after 0110112009. forth in the rehabilitation or new construction
design. Energy use reviews may be initiated by
the Building Division or as a coordinated effort
between the City's Utilities Department andlor
its designated contractors. Following the
findings and recommendations of the review, the
City may require a4justments to the energy
usage or energy-using equipment or systems if
the building is no longer compliant with the
original design. Renovation or rehabilitation
resultingfrom such audit activity shall be
considered a project, and shall be subject to
applicable documentation submittal
requirements of the City.
101129 sh 8261465 9
***NOT YET APPROVED***
5. Sites greater than one • The City reserves the right to conduct
acre performance reviews, no more frequently than
once every jive years unless a project fails
review, to evaluate water use to ensure that
resources used at the building and/or site do
not exceed a maximum allowance set forth in
the rehabilitation or new construction design.
Water use reviews may be initiated by the
Building Division, or as a coordinated effort
between the City's Utilities Department and the
Santa Clara Valley Water District (SCVWD), or
as part of SCVWD 's established water
conservation programs. Following the jindings
and recommendations of the review, the City
may require adjustments to irrigation usage,
irrigation hardware, and/or landscape
materials to reduce consumption and improve
efficiency. Renovation or rehabilitation
resulting from such audit activity shall be
considered a project, and shall be subject to
applicable documentation submittal
requirements of the City.
Demolitions 6. Demolitions • Compliance with the following CALGreen non-
residential voluntary measures is required based
on project scope:
• A5.l05.1.3 Salvage.
• A5.40B.3.l Enhanced Construction Waste
Reduction. 80%.
16.14.140 Chapter 5 Preface added -Green Building Requirements for Project Type and
Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
II
Preface -Green Building Requirements for Project Type and Scope
The City of Palo Alto has expanded the types and scopes of projects
covered by this code and established mandatory compliance requirements
to address all aspects of a building's life cycle. For design and
construction of non-residential projects, the City requires compliance with
the mandatory measures of Chapter 5 and Appendix A5, in addition to use
of the Voluntary Tiers as prescribed in the following table:
101129 sh 8261465 10
***NOT YET APPROVED***
k Pr(Jject Type 1_ Projeot Scope './
Design and
Construction
101129 sh 8261465
1. All new construction
and rebuilds > 1, 000 SF,
and additions > 1, 000
SF that include a new
HVAC system.
2. Tenant improvements,
renovations, or
alterations > 5, 000 SF
that include replacement
or alteration of at least
two of the following:
HVA C system, building
envelope, hot water
system, or lighting
system.
3. Any project not
covered under project
scopes 1 and 2 above >
$25, 000 valuation AND
physical site changes
that require major or
minor Architectural
Review.
Green Building Requirements ,,~.
• CALGreen Mandatory Measures.
• CALGreen Tier 2.
• CALGreen Mandatory Measures as applicable to
project scope.
• CALGreen Tier 1 as applicable to project scope.
• Compliance with the following CALGreen non
residential mandatory and voluntary measures is
required based on project scope:
• 5.106.2 Local storm water pollution
prevention.
• 5.303.5.1 Recycled water infrastructure.
• 5.304 OUTDOOR WATER USE when a
landscape area greater than 1, 000 SF is included
in the project scope, and A5.304.4 Potable Water
Reduction when a landscaped area greater than
1,500 SF is included in the project scope.
• A5.408.3.1Enhanced construction waste
reduction. 80% required for all projects
regardless of scope.
• If the project is over $100, 000 in valuation:
• Energy STAR Portfolio Manager Rating
11 .
***NOT YET APPROVED***
Operations 4. Buildings > 10,000 • The City reserves the right to conduct a
SF performance review, no more frequently than
*effective only for those
once every jive years unless a project fails review,
to evaluate the building's energy use to ensure projects for which a that resources used at the building and/or site do building permit is issued not exceed the maximum allowance set forth in
after 0110112009. the rehabilitation or new construction design.
Energy use reviews may be initiated by the
Building Division or as a coordinated effort
between the City's Utilities Department and/or its
designated contractors. Following the jindings
and recommendations of the review, the City may
require adjustments to the energy usage or
energy-using equipment or systems if the building
is no longer compliant with the original design.
Renovation or rehabilitation resultingfrom such
audit activity shall be considered a project, and
shall be subject to applicable documentation
submittal requirements of the City .
5. Sites greater than one • The City reserves the right to conduct
acre performance reviews, no more frequently than
once every jive years unless a project fails
review, to evaluate water use to ensure that
resources used at the bUilding and/or site do not
exceed a maximum allowance set forth in the
rehabilitation or new construction design.
Water use reviews may be initiated by the
Building Division, or as a coordinated effort
between the City's Utilities Department and the
Santa Clara Valley Water District (SCVWD), or
as part of SCVWD 's established water
conservation programs. Following the jindings
and recommendations of the review, the City
may require adjustments to irrigation usage,
irrigation hardware, and/or landscape materials
to reduce consumption and improve efficiency.
Renovation or rehabilitation resulting from such
audit activity shall be considered a project, and
shall be subject to applicable documentation
submittal requirements of the City.
101129 sh 8261465 12
Demolitions
***NOT YET APPROVED***
6. Demolitions • Compliance with the following CALGreen non
residential voluntary measures is required based
on project scope:
• AS. 105.1.3 Salvage.
• AS.40B.3.1 Enhanced Construction Waste
Reduction. 80%.
16.14.150 Section 5.106.2 added -Local storm water pollution prevention.
Section 5.106.2 is added to the California Green Building Standards Code to read:
5.106.2 Local storm water pollution prevention. Comply with additional storm
water pollution prevention measures as applicable. (See Chapter 16.11,
Stormwater Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.160 Section 5.302 amended -Definitions added.
Section 5.302 of the California Green Building Standards Code is amended to include the
following definitions:
DEDICATED IRRIGATION METER. A dedicated irrigation meter is a water
meter that exclusively meters water used for outdoor watering and irrigation, and
is completely independent from the meter used for indoor water use.
PROCESS WATER. Process water means untreated wastewater,
uncontaminated by toilet discharge or an unhealthy bodily waste, which is not a
threat from unhealthful processing, manufacturing or operating wastes.
SUBMETER. A meter installed subordinate to a site mete, usually used to
measure water intended for one purpose, such as landscape irrigation. For the
purposes of this section, a Dedicated Meter may be considered a submeter,
however a submeter may not be considered a Dedicated Meter.
16.14.170 Section 5.303.5.1 added -Recycled Water Infrastructure.
Section 5.303.5.1 is added to the California Green Building Standards Code to read:
II
II
5.303.5.1 Recycled Water Infrastructure. Install irifrastructure for and/or use
recycled water for irrigation and/or interior plumbing, as applicable. (See
Recycled Water Ordinance No. 5002, Chapter 16.12 of the Palo Alto Municipal
Code.)
101129 sh 8261465 13
***NOT YET APPROVED***
16.14.180 Section 5.304.2 amended -Outdoor water use.
Section 5.304.2 of the California Green Building Standards Code is amended to read:
5.304.2 Outdoor water use. For new water service for landscaped areas greater
than 1,000 square feet, separate meters or submeters shall be installed for indoor
water use, and a dedicated meter shall be installed for outdoor water use.
Bacliflow prevention devices shall be installed on each water line serving the
property as required.
16.14.190 Section 5.304.3 amended -Irrigation design.
Section 5.304.3 of the California Green Building Standards Code is amended to read:
5.304.3 Irrigation design. In new non-residential construction with greater than
1,000 square feet of landscaped area, design the system and install irrigation
hardware (i.e. controllers and sensors) which include the following criteria, and
meet manufacturer's recommendations.
16.14.200 Section 5.304.3.2 added -Irrigation efficiency.
Section 5.304.3.3 added Water waste.
Sections 5.304.3.2 and 5.304.3.3 are added to the California Green Building Standards Code to
read:
5.304.3.2 Irrigation efficiency. The irrigation system must meet an efficiency
level of 70%, and subsurface and/or low volume irrigation must be used in all
areas that exhibit any of these characteristics: less than 8 feet in width, with a
slope greater than 25%, setback area within 24 inches of a non-permeable
surface.
5.304.3.3 Water waste. The irrigation system must be designed and installed to
prevent water waste due to overspray, low head drainage, or other conditions
where water flows onto adjacent property, non-irrigated areas, walks, roadways,
parking lots, or structures.
16.14.210
recycling.
Section 5.408 amended -Construction waste reduction, disposal and
Section 5.408 (Sections 5.408.1 through 5.408.4) of the California Green Building Standards Code
is amended to read:
5.408.1 Construction waste diversion. Establish a construction waste
management plan for the diverted material:.8-;-All debris generated by a project
that is-are not salvaged for reuse must be delivered to an Approved Facility as
defined in Chapter 5.24 of the Palo Alto Municipal Code.
101129 sh 8261465 14
***NOT YET APPROVED***
5.408.2 Construction waste management plan. Where a local jurisdiction does
not have a construction and demolition waste management ordinance, submit a
construction waste management plan for approval by the enforcement agency
that:
1. Identifies the materials to be diverted from disposal by efficient usage,
recycling, reuse on the project, or salvage for future use or sale.
2. Determines if materials will be sorted on-site or mixed
3. Identifies approved diversion facilities where material collected will be taken.
4. Identifies waste hauling company. Hauling of debris is subject to provisions
of Chapter 5.20 of the Palo Alto Municipal Code.
5. Specifies that the amount of materials diverted shall be calculated by weight.
5.408.2.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with Section 5.408.2 items 1 thru 5. The
waste management plan shall be updated as necessary and shall be accessible
during construction for examination by the enforcing agency, and upon
completion of the project shall be revised to show actual debris tonnage
diverted Supporting documentation shall be provided, consisting of original
receipts and weight tags or other records of measurement from the approved
facility, which document the address of the project or project permit number and
documentation of how the material was processed Photocopies will be accepted
if the permit number and/or project address is recorded on the receipts provided
by an approved facility. In the case of reuse or salvage of material, a
description of reused or salvaged materials and an estimate of the weight or
volume of material reused or salvaged shall be provided
Exception: Jobsites in areas where there is no mixed construction and
demolition debris (C&D) processor or recycling facilities within a feasible haul
distance shall meet the requirements as follows:
1. The enforcement agency having jurisdiction shall at its discretion,
enforce the waste management plan and make exceptions as deemed
necessary.
Exception: Jobsites where immediate or emergency demolition is required to
protect the public health, safety, or welfare, as determined by the chief building
official; or on the ground of impracticability or impossibility, including but not
limited to, where the scope of the covered project is unusual (i.e. large
mechanical equipment installation), and/or the amount of reusable material or
recyclable debris is negligible.
5.408.2.2 Isolated jobsites. The enforcing agency may make exceptions to the
requirements of this section when jobsites are located in areas beyond the haul
boundaries of the diversion facility.
101129 sh 8261465 15
***NOT YET APPROVED***
Notes:
1. Sample forms found in Chapter 8 may be used to assist in
documenting compliance with the waste management plan.
2. A list of approved construction and demolition debris diversion
facilities can be located at www.cityofjJaloalto.orgigreenbuilding.
5.408.3 Construction waste reduction of at least 80%. Recycle and/or salvage
for reuse a minimum of 80% of the non-hazardous construction and demolition
debris. Calculate the amount of materials diverted by weight.
Exceptions:
1. Excavated soil, land-clearing debris and inert solids.
2. Alternate waste reduction methods developed by working with local
agencies if diversion or recycle facilities capable of compliance with
this item do not exist.
5.408.4 Excavated soil and land clearing debris. 100% of trees, stumps, rocks
and associated vegetation and soils resulting primarily from land clearing, and
inert solids such as concrete and asphalt, shall be reused or recycled. For a
phased project, such material may be stockpiled on site until the storage site is
developed.
16.14.220 Section AS.102 alnended -Definitions added.
is anlended to include the
SALVA GE. Salvage means the controlled removal of construction or demolition
debris/ material from a building. construction, or demolition site for the purpose
of' on-or off-site reuse, or storage for later reuse. Examples include air
conditioning and heating systems, COlUl11nS, balustrades, fountains, gazebos.
molding, mantels, pavers, planters. quoins. stair treads, trim. wall caps. bath
tubs, bricks, cabinetrv. carpet, doors, ceiling tans, lighting fixture .. s" electrical
panel boxes, (encing. fireplaces, flooring materials o{wood, marble. slone or tile,
fitrnaces, plate glass. wall mirrors. door knobs, door brackets. door hinges,
marble, iron work, metal balconies. structural steel, plumbing fixtures,
re{i'igerators. rock. roofing 111aterials. siding materials. sinks. stairs. STone. $'toves,
toilets, windows, wood fencing, lumber and plywood
16.14.220 Section AS.I0S.l.3 amended -Salvage.
SectionAS.105.1.3 of the California Green Building Standards Code is amended to read:
101129 sh 8261465 16
***NOT YET APPROVED***
. I A5.105.1.3 Salvage. Salvage structural and non-structural-l items in good
condition such as wood, light fixtures, plumbing fixtures, and doors as follows.
Document the weight and number of the items salvaged.
1. Salvage for reuse on the project items that conform to other provisions of Title
24 in an onsite storage area.
2. Nonconforming items may be salvaged in dedicated collection bins for exempt
projects or other uses.
16.14.230 Section AS.203.1.2 amended -Tier 2 Energy efficiency -15% above
Title 24, Part 6. .
SectionAS.203.l.2 of the California Green Building Standards Code is amended to read:
A5.203.1.2 Tier 2 Energy efficiency 15% above Title 24, Part 6 [DSA-SSJ
Exceed California Energy Code requirements, based on the 2008 Energy
Efficiency Standards, by 15% and meet the requirements of Division A5. 6.
16.14.240 Section AS.302 amended Definitions.
The following definitions in Section AS.302 of the California Green Building Standards Code are
amended to read: .
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California
ordinance regulating landscape design, installation and maintenance practices
that will ensure commercial, multifamily and other developer installed
landscapes greater than 2,500 square feet meet an irrigation water budget
developed based on landscaped area, and climatological parameters. The City of
Palo Alto has adopted more stringent requirements in this code than the Model
Water Efficient Landscape Ordinance, however the Model Ordinance is
referenced as the method for determining the water budget associated with a
project.
SUBMETER. Refer to Section 5.302.
16.14.250 Section A5.304.4 amended -Potable water reduction.
Section AS.304.4 of the California Green Building Standards Code is amended to read:
A5.304.4 Potable water reduction. Provide water efficient landscape irrigation
design that reduces the use of potable water beyond the initial requirements for
plant installation and establishment in accordance with Section A5.304.4.1 or
A5. 304.4.2. Calculations for the reduction shall be based on the water budget
developed pursuant to section 5.304.1. Do not install invasive plant species.
16.14.260 Section A5.40S.3.1 amended -Enhanced construction waste reduction.
101129 sh 8261465 17
***NOT YET APPROVED***
Section AS.408.3.1.1 amended -Verification of compliance.
Sections AS.408.3.1 andAS.408.3.1.1 of the California Green Building Standards Code are amended
to read:
AS.40B.3.1 Enhanced construction waste reduction. Divert to recycle or salvage
non-hazardous construction and demolition debris generated at the site in
compliance with one of the following:
Tier 1. At least an BO% reduction.
Tier 2. At least an BO% reduction.
AS.40B.3.1.1 Verification of compliance. A copy of the completed waste
management report shall be provided, and upon completion of the project shall
be revised to show actual debris tonnage diverted. Supporting documentation
shall be provided, consisting of original receipts and weight tags or other
records of measurement from the approved facility, which document the address
of the project or project permit number and documentation of how the material
was processed. Photocopies will be accepted if the permit number and/or
project address is recorded on the receipts provided by an approved facility. In
the case of reuse or salvage of material, a description of reused or salvaged
materials and an estimate of the weight or volume of material reused or salvaged
shall be provided.
16.14.270 Section AS.601.2.4 amended Voluntary measures for CAL Green Tier 1.
Sub-section 3 of Section AS.6012.4 of the California Green Building Standards Code is amended
to read:
3. From Division A5. 4,
a) Comply with recycled content of 10% of materials based on
estimated total cost in Section A5. 405. 4.
b) Comply with the BO% reduction in construction waste in Section
A5.40B.3.1
c) Comply with one elective measure selected from this division.
16.14.280 Section AS.601.3.3 amended -Tier 2.
SectionAS.601.3.3 of the California Green Building Standards Code is amended to read:
AS.601.3.3 Tier 2. Exceed California Energy Code requirements, based on the
200B Energy Efficiency Standards, by 15%. Field verify and document the
measures and calculations used to reach the desired level of efficiency following
the requirements specified in the Title 24 Nonresidential Alternative Calculation
Method Manual. For each additional 5% the California Energy Code is exceeded
beyond the 15% minimum required, the project can decrease one elective
101129 sh 8261465 18
***NOT YET APPROVED***
measure required under any section under A5.601.3.4 below (e.g. a project that
exceeds the California Energy Code by 25% can decrease the required elective
measures by two).
16.14.290 Section A5.601.3.4 amended -Voluntary measures for CAL Green Tier 2.
Sub-section 4 of Section A5.601.3.4 of the California Green Building Standards Code is amended
to read:
4. From Division A5. 5,
a) Comply with resilient flooring systems for 90% of resilient flooring
in Section A5. 504.4. 7.1.
b) Comply with thermal insulation meeting 2009 CHPS low-emitting
materials list and no addedformaldehyde in Section A5.504.4.B.1.
c) Comply with four elective measures selected from this division.
SECTION 2. The Council adopts the findings for local amendments to the
California Green Building Standards Code, 2010 Edition, attached hereto as Exhibit "A" and
incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of
the California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the amendments
herein adopted will have a significant effect on the environment.
SECTION 4.
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
101129 sh 8261465
This ordinance shall be effective on the thirty-first day after the
Mayor
19
***NOT YET APPROVED***
APPROVED AS TO FORM:
Senior Deputy City Attorney
101129 sh 8261465 20
APPROVED:
City Manager
Director of Planning & Community
Environment
***NOT YET APPROVED***
EXHIBIT "A"
Findings
Adoption of California Green Building Standards Code
and Related Amendments
In adopting the ordinance adding Chapter 16.14 to the Palo Alto Municipal Code, the City
Council finds as follows:
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code, including green building standards, which
regulate buildings used for human habitation, the City Council must make findings supporting its
determination that each such local change is reasonably necessary because of local climatic,
geological, or topographical conditions.
A. General Findings Related to Green Building and Sustain ability Requirements in
City of Palo Alto
1. Green building enhances the public health and welfare by promoting the environmental and
economic health of the City through the design, construction, maintenance, operation and
deconstruction of buildings and sites by incorporating green practices into all development. The
green provisions in this Chapter are designed to achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase water and resource conservation;
( c) Reduce waste generated by construction and demolition projects;
(d) Provide durable buildings that are efficient and economical to own and operate;
(e) Promote the health and productivity of residents, workers, and visitors to the city;
(t) Recognize and conserve the energy etnbodied in existing buildings;
(g) Encourage alternative transportation; and
(h) Reduce disturbance of natural ecosystems.
2. 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;
3. The Council identified Environmental Protection as one of its top five goals and green
building is a key component of environmental protection;
4. 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;
101129 sh 8261465 21
***NOT YET APPROVED***
5. Green building regulations comprise an inlportant 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.
B. Findings for Local Amendments to 2010 California Green Building Standards
Code (PAMC 16.14.020)
1. The City Council adopted a local Green Building Ordinance in 2008. In adopting that
Ordinance, the Council recognized that a green building program supports the following
principles important to the City of Palo Alto and found that:
(a) 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;
(b) The Council identified Environmental Protection as one of its top four goals for 2008,
and green building is a key component of environmental protection;
(c) 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;
(d) 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;
(e) 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), particularly the mapped
Flood Hazard areas of the City;
(f) 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;
(g) 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
10 1129 sh 8261465 22
***NOT YET APPROVED***
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;
(h) Green building and landscape design, construction, operations and maintenance
techniques are increasingly widespread in residential and commercial building 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;
(i) At the state level, Build It Green has taken the lead in promoting and defining residential
green building by developing the GreenPoint Rated Rating System TM; and
0) 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.
2. The local amendments to the California Green Building Standards Code make that code
consistent with the City's previously adopted Green Building Ordinance and are reasonably
necessary because of the following local climatic, geological, topographical or environmental
conditions:
(a) The principles articulated and restated in Section 1 of this exhibit remain as relevant to the
City today as they were when the City's original Green Building Ordinance was adopted in
2008;
(b) 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;
( c) The design, restoration, construction, and maintenance of buildings and structures within the
City can have a significant positive impact on the City's environment by reducing greenhouse
gas emissions and resource usage, and promoting energy efficiency and sustainable waste
management. These impacts improve the health and productivity of residents, workers, and
visitors over the life of a green building. As such, requiring commercial and residential projects
101129 sh 8261465 23
***NOT YET APPROVED***
to incorporate green building measures is necessary and appropriate to achieve the public health
and welfare benefits of green building;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) 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;
0) 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;
(k) 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;
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);
(1) The City's local Green Building Ordinance has already resulted in considerable local
environmental benefits to the City, including but not limited to, benefits to the local
environmental conditions addressed in the CPP. Specifically, for calendar year 2009, staff
calculated that the Green Building Ordinance resulted in the following benefits to the City:
101129 sh 8261465 24
***NOT YET APPROVED***
(i) 74,021 square feet of green construction;
(ii) More than 900 City residents or employees now housed in green facilities;
(iii) Energy efficiency savings beyond the requirements of the California State Energy Code
averaging twenty one percent;
(iv) Annual electricity savings of21,526 kwh;
(v) Annual natural gas savings of 535 therms;
(vi) Annual indoor water use savings of 286,389 gallons;
(vii) Annual outdoor water use savings of 50,000 gallons;
(viii) 16,122 tons of waste diverted from landfills; and
(ix) Avoidance of 5,800 metric tons of greenhouse gas emissions (from energy, water and
waste).
(m) At the state level, Build It Green has taken the lead in promoting and defining residential
green building by developing the GreenPoint Rated Rating System™, and the City of Palo Alto
finds that meeting the minimum requirements of Build It Green, GreenPoint Rated system to be
equivalent to the mandatory provisions of the California Green Building Standards Code.
C. Findings Related to Enhanced Green Building Measures (P AMC§§ 16.14.080-
.140, 16.14.270-.290):
1. The California Green Building Standards Code appendices include voluntary tiers to
provide cities, counties, building professionals, and the general public with a range of
prerequisite and elective green building measures for builders to choose from when constructing
homes in California.
2. The California Green Building Standards Code appendices benefited from extensive
input from cities, counties, building professionals, state agencies, and recognized green building
professionals, and the practices contained in these guidelines were selected for their viability in
today's market and their ability to promote sustainable buildings and communities.
3. Adoption of the California Green Building Standards Code appendices promotes
statewide consistency and predictability for building professionals, while ensuring that the level
of green building standards established by the City of Palo Alto in its 2008 Green Building
Ordinance is not diminished.
D. Findings Related to Construction and Demolition Debris Amendments (P AMC §§
16.14.210-.220):
1. The State of California through its California Integrated Waste Management Act of 1989,
Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50% of
discarded materials (base year 1990) from landfills.
2. The City Council adopted a Zero Waste Strategic Plan in 2005 that sets a goal of zero waste
by 2021 and provides that 90% or more of waste materials should be diverted from landfills
through waste reduction, reuse, and recycling efforts.
l01129 sh 8261465 25
***NOT YET APPROVED***
3. There are facilities both within the City and in nearby surrounding areas that can effectively
reuse, recycle or otherwise recover the constituent elements of the waste materials generated by
construction and demolition activity and thereby divert such materials from landfills.
4. Construction and demolition debris recovery programs reduce the amount of materials
generated and hauled to landfills.
E. Findings Related to Water Efficiency Amendments (PAMC § 16.14.160-.200;
16.14.240-.260):
1. The outdoor water use requirements set forth in the California Green Building Standards
Code (CALGreen) meet or exceed the minimum requirements of the Department of Water
Resources' (DWR) Model Water Efficient Landscape Ordinance, mandated .by state law (AB
1881 (2006), and are at least as effective in reducing landscape water use as the DWR Model
Ordinance, for the following reasons:
(a) CALGreen applies to more projects than the DWR Model Ordinance;
(b) CALGreen is linked to projects requiring building permits, which undergo review
through the City's Planning and Community Environment Department, whereas the DWR
Ordinance applies only to projects that require landscape permits. Because the City does not
issue landscape permits, more projects will be captured by the CALGreen requirements and
subjected to the landscape water use standards contained therein;
(c) CALGreen sets forth maximum limits for evapotranspiration, an important element in
water use calculations, which are more effective in reducing landscape water use than what is
required in the DWR Model Ordinance;
(d) Planting specifications under CAL Green reduce the area and amount of high water use
plants allowed for landscape projects, which exceed DWR requirements;
(e) Under CALGreen, landscape submetering is required for both residential and
nonresidential projects with landscape areas smaller than what is recommended in the DWR
Model Ordinance. Landscape submetering has been shown in many cases to reduce overall site
water use.
101129 sh 8261465 26
ATTACHMENT B
** NOT YET APPROVED **
Ordinance No. ---
Ordinance of the City Council of the City of Palo Alto
Amending Certain Sections of Title 5 (Health and Sanitation),
Title 12 (Public Works and Utilities), Title 16 (Building
Regulations), and Title 18 (Zoning), and Repealing Chapter
9.06 to Promote Consistency with State Green Building
Standards and Add Criteria for Sustainable
Neighborhood Development
WHEREAS, 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; and
WHEREAS, the City Council of the City of Palo Alto has identified Environmental
Protection as one of its top five goals, and green building is a key component of Environmental
Protection; and
WHEREAS, sustainable neighborhoods 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 the site
and surrounding community; and
WHEREAS, the State of California has adopted new mandatory green building
regulations, known as the "CALGREEN Code," that will take effect on January 1, 2011 for all
new construction in the State, which the City is adopting with local amendments; and
WHEREAS, the City has already adopted several ordinances to promote green
building, sustainability, and environmental protection, including a green building ordinance
(adopted 2008), a construction and demolition debris recycling ordinance (adopted 2004,
amended 2009), a recycled water ordinance (adopted 2008), a stormwater pollution prevention
ordinance (adopted 2003, amended 2005 & 2006) and water use regulations (adopted 1989,
amended 1990,1991, 1993), and many of the City's local requirements overlap with the
requirements of CAL GREEN ; and
WHEREAS, adoption of CALGREEN promotes statewide consistency and
predictability for building professionals; and
WHEREAS, as part of providing a comprehensive, easy-to-use approach to green
building in the City with CALGREEN, the City'S local green building and sustainability
ordinances must be amended and/or repealed in order harmonize the City's various existing rules
with the provisions of CAL GREEN.
NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as
follows:
1
101101 sh8261448
** NOT YET APPROVED **
Amendments to Chapter 5.24-Construction and Demolition Debris
Diversion Requirements. Chapter 5.24 (Requirement to Divert Construction and Demolition
Debris from Landfill) of Title 5 (Health and Sanitation) of the Palo Alto Municipal Code is
hereby repealed in its entirety, and a new Chapter 5.24 is added to read as follows:
Chapter 5.24
CONSTRUCTION AND DEMOLTION DEBRIS DIVERSION FACILITIES
Sections:
5.24.010
5.24.020
5.24.030
5.24.040
Purpose
Definitions
Applicability and Standards for Compliance
Debris Collection and Approved Facilities
5.24.010 Purpose.
The accumulation, collection, removal and disposal of waste associated with construction and
demolition activities must be controlled by the City for the protection of the public health, safety
and welfare and the natural environment. Pursuant to the California Integrated Waste
Management Act of 1989 and the California Green Building Code, which requires local
governments to require 50% of construction and debris be diverted from the landfill, and Senate
Bill 1374, which requires annual reporting to the state on progress made in the diversion of C&D
waste materials, including information on programs and ordinances implemented and
quantitative data, where available. Required minimum diversion rates by project type are
covered under the California Green Building Code and the City's local amendments in Chapter
16, Building Regulations. This section covers approved facilities to receive and recycle debris.
5.24.020 Definitions.
For purposes of this chapter, terms defined in Chapter 5.20 shall have the same meanings in this
Chapter 5.24. The following terms shall have the ascribed definition for the purposes of
applying the criteria of this chapter and other chapters as referenced.
(1) "Approved facility" means a re-use, recycling, compo sting, or materials recovery facility
meeting the required diversion percentages set forth in this chapter, for which the compliance
official has determined can accept diverted materials, has obtained all applicable federal, state
and local permits, and is in full compliance with all applicable regulations for re-use, recycling,
composting, and/or materials recovery.
(2) "Applicant" means (a) any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the City for, or who is issued, the
applicable permits to undertake a construction, remodeling, or demolition project within the City,
and (b) the owner of the real property that is subject to the permit.
2
101129 sh 8261448
** NOT YET APPROVED **
(3) "Construction and demolition debris" means (1) discarded materials generally considered to
be non-water soluble and non-hazardous in nature (as defined by California Code of Regulations,
Title 22, § 66261.3 et seq.), including but not limited to metal, glass, brick, concrete, porcelain,
ceramics, asphalt, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project or from the renovation of a structure
and/or landscaping, including rocks, soil, trees, and other vegetative matter that normally results
from land clearing, landscaping and development operations for a construction project; (2)
remnants of new materials, including but not linlited to: cardboard, paper, plastic, wood, glass
and metal from any construction and/or landscape project.
(4) "Covered project" means any project that is required to comply with the standards of
Chapter 16.14 (California Green Building Code).
(5) "Reuse" means further or repeated use of construction or demolition debris, including sale or
donation of items.
(6) "Salvage" means the controlled removal of construction or demolition debris/material from a
permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage
for later recycling or reuse. Examples include air conditioning and heating systems, columns,
balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads, trim,
wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures, electrical
panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or tile, furnaces, plate
glass, wall mirrors, door knobs, door brackets, door hinges, marble, iron work, metal balconies,
structural steel, plumbing fixtures, refrigerators, rock, roofing materials, siding materials, sinks,
stairs, stone, stoves, toilets, windows, wood fencing, lumber and plywood.
5.24.030 Applicability and Standards for Compliance.
Covered Projects shall comply with construction and demolition debris diversion rates and other
requirements established in Chapter 16.14 (California Green Building Code). In addition, all
debris generated by a covered project must haul 100% of the debris not salvaged for reuse to an
approved facility as set forth in this chapter.
5.24.040 Debris Collection and Approved Facilities.
Applicants using a debris box provided by the City's collector pursuant to the provisions of
Chapter 5.20 shall be deemed to have complied with the requirement to take construction and
demolition debris to an approved facility. Applicants using any other method of disposal shall
dispose of such debris at an approved facility in accordance with the following requirements:
(a) The City shall make available to each applicant a current list of approved facilities.
(b) A facility not on the approved facilities list may apply to be listed by submitting the name
and address of the person who owns the facility, the name and address of the person who
operates the facility, a statement that the owner or operator has all permits, authorizations or
licenses required by any local, state or federal agency to operate the facility, and all
3
101129 sh 8261448
** NOT YET APPROVED **
necessary insurance, and a description from the facility of the debris accepted for reuse,
recycling, compo sting, biomass conversion, and/or alternative daily cover (ADC) for
landfills, and overall facility recovery rates for the previous year by material type.
(c) To be approved, a facility must have an overall minimum recovery rate for inert solids of
ninety percent, and an overall minimum recovery rate of seventy-five percent for all other
construction and demolition debris. The recovery rate may include materials used as ADC
(alternative daily cover for landfills) or bio-mass conversion, provided that the facility can
demonstrate that the use as ADC or bio-mass conversion is the highest and best use. The
recovery rate will be determined by the total quantity of materials delivered to established
recycling and compo sting markets divided by the total quantity received by the registered
facility. Highest and best use for ADC does not include ADC which is generated by
intentional crushing or grinding of construction and demolition debris that has not been
processed to remove wood, metal, wallboard, glass and other materials for which markets or
uses other than ADC are available. It also does not include ADC use for recovered
unpainted or untreated wood, unpainted or untreated drywall, metal, landscape de bris,
asphalt, concrete or other materials that have adequate markets. Highest and best use of bio
mass conversion does not include materials that have reuse,composting or other recycling
markets unless the facility can demonstrate that these markets are not an adequate or feasible
alternative to the bio-mass conversion market.
(d) All approved facilities must:
101129 sh 8261448
(1) Maintain mInImum overall recovery rates as listed under Section
5.24.040(c).
(2) Submit an annual report outlining the recovery rate, recovery type (reuse,
recycling markets, bio-mass conversion, composting or ADC) by material
type.
(3) Implement and maintain a hazardous waste load checking program.
(4) Issue a uniquely numbered receipt to transporter of each truckload of
incoming materials received including quantity of materials, name of
facility and facility recovery rate.
(5) Allow for on-site visits to verify application and report information.
(6) Notify the City within thirty days of any change in registration or
application information.
(7) Notify the City within twenty-four hours of the time a permit,
authorization or license required by local, state or federal agency to
operate the facility expires, or is revoked or suspended.
4
** NOT YET APPROVED **
(e) The compliance official may approve facilities equivalent in spirit and stringency to the
requirements of this chapter that have been listed on another city, county or state reuse and
recovery list.
SECTION 2. Amendments to Chapter 12.32-Water Efficient Landscaping. Section
12.32.040 (Water efficient landscape ordinance) of Title 12 (Public Works and Utilities) of the
Palo Alto Municipal Code is hereby repealed, and a new section 12.32.040 is added to read as
follows:
12.32.040 Indoor and Outdoor Water Efficiency.
Pursuant to the California Water Conservation in Landscaping Act, also known as
the State Landscape Model Ordinance, Government Code Section 65591, et seq.
as amended, a City is required to adopt the State Landscape Model Ordinance or
equivalent local landscape water efficiency requirements that are "at least as
effective" as the State ordinance in conserving water. The Council has adopted
requirements that are at least as effective in reducing landscaping water use, also
known as outdoor water use, as well as additional requirements for existing
landscapes and indoor water use in Chapter 16.14 (California Green Building
Code).
SECTION 3. Amendments to Chapter 16.11-Storm Water Pollution Prevention.
Section 16.11.030 of the Palo Alto Municipal Code is amended to add a new subsection (f) to
read as follows:
16.11.030
required.
Permanent storm water pollution prevention measures
(f) A development project, or other project type of any size or impact, may have
to comply with additional storm water pollution prevention requirements during
and after construction relating to both quality and quantity as set forth in Chapter
16.14 (California Green Building Code).
SECTION 4. Amendments to Chapter 16.12-Recycled Water. Section
16.12.015 is amended to add at the end to read as follows:
All users of recycled water shall comply with the California Department of Public
Health regulations contained in Title 17 and Title 22 of the California Code of
Regulations, and with the Palo Alto Water Reuse Rules and Regulations for the
use of recycled water.
Additional opportunities and/or requirements for adding recycled water
infrastructure or nonresidential and multifamily new construction and major
renovation projects are described in Chapter 16.14 (California Green Building
Code).
5
101129 sh 8261448
** NOT YET APPROVED **
SECTION 5. Amendments to Chapter 18.44-Green Building Requirements and
Zoning Code. Chapter 18.44 (Green Building Regulations) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby repealed and a new Chapter 18.44 is added to read as follows:
Chapter 18.44
GREEN DEVELOPMENT REGULATIONS
18.44.010 Development Standards for Sustainable Neighborhoods
All new planning applications that fall under any of the thresholds below
submitted between January 1, 2011 and December 31, 2011 shall participate in a
pilot program utilizing the Leadership in Energy and Environmental Design
("LEED") for Neighborhood Development rating system.
1: bl 1 LEED ND pOI t P a e --10 rogram R equlremen t Th h Id res 0 s
Threshold Fixed R~il (University, Traffic Corridor Neighborhood All Other Sites
California Ave., and San El Camino Real Center
Antonio)
Type All new construction. All new All new All projects including an
construction. construction. application for one of
the following:
• rezoning
• planned community
• site and design
review for a mixed
use project
• conditional use
permit for change of
use from commercial
to residential
Location within Y2 mile within 1i4 mile n/a n/a
Parcel Size Yt acre or three or more '/4 acre or three or V4 acre or three or V4 acre or three or more
dowelling units~ lTIOre dwelling more dwelling dwel1ing units;6 aefes
ffi i fl i ffHHl:=t units~ units~ minilfmm ..
ffHRlffi tUB: IHHHHUI fft
Compliance All pre-requisites, and achieve ~30 points in the Smart Location and Linkage (SLL) and
Level for Neighborhood Pattern and Design (NPD) sections ofLEED-ND. Projects retaining and
Evaluation rehabilitating an existing historic building(s) shall receive a 5 point credit towards the minimum
~30_points required.
Special Considerations:
If a project includes more than one parcel that are adjacent to one another, and have the same owner or developer,
they will be considered together under LEED-ND review.
The requirements apply to cumulative or phased projects under review within a five year period.
Single family residences in R 1 and R ;6 distriets that fall be.Je.w-within the thresholds above, including historic
h0111es~ and are not included in a planned community zone project, are exempt.
6
101129 sh 8261448
** NOT YET APPROVED **
During the pilot year applicants will be required to submit LEED-ND
documentation for informational purposes only. A complete planning application
shall include materials showing how the project could meet the referenced
compliance levels. At the end of the pilot year staff will return to PT &C and
Council to review if the thresholds of compliance were appropriate, to make any
necessary adjustments, and to consider for mandatory adoption.
18.44.020 Compliance with California Green Building Standards Code
Required.
All development projects may be subject to additional requirements under the
green development regulations outlined in Chapter 16.14 (California Green
Building Code) of Title 16 (Building Regulations) of the Palo Alto Municipal
Code. A complete application as described under Chapter 18.77.020
(Applications) and Chapter 18.77.030 (Determination of Completeness) shall
include appropriate documentation showing compliance with Chapter 16.14 and
this Chapter, as applicable.
SECTION 6. Repeal of Chapter 9.06-Woodburning Fireplaces and Appliances.
Chapter 9.06 (Woodburning Fireplaces and Appliances) of Title 9 (Public Peace, Morals, and
Safety) of the Palo Alto Municipal Code is hereby repealed.
II
II
II
II
II
II
II
II
II
II
II
II
101129 sh 8261448
7
** NOT YET APPROVED **
SECTION 7. Environmental Review. The Council hereby finds this ordinance is
categorically exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Section 15308 of the' CEQA Guidelines because it is an action taken by a
regulatory agency for the protection of the environment.
SECTION 8. Effective Date. This ordinance shall be effective on the thirty-first day
after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Deputy City Attorney
101129 sh 8261448
8
APPROVED:
Mayor
City Manager
Director of Planning and
Community Environment