Green Building Ordinance
Since June of 2010, the City of Cupertino has been in the process of developing a Draft Green Building Ordinance. The aim of the draft ordinance is to support the use of healthy building materials and construction methods and promote resource efficiency and conservation through the design, construction, retrofit, operation and demolition of new buildings and existing buildings undergoing renovations.
Second Reading of the Green Building Ordinance - City Council Meeting of September 18, 2012
On September 18, 2012, the City Council is scheduled to conduct the second reading of the Green Building Ordinance. Once the second reading of the Green Building Ordinance takes place, the ordinance will take effect on July 1, 2013.
The City Council meeting to conduct the second reading of the ordinance will be held at:
Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino, CA 95014 at 6:45 p.m.
City Council Meeting of September 4, 2012
On September 4, 2012, the City Council conducted its one-year review of the Draft Green Building Ordinance (the version incorporating the Council’s changes from the May 3, 2011 City Council meeting) and held a public hearing to consider adoption of a Green Building Ordinance.
As a result of the public hearing and Council’s discussions, the City Council voted to move towards adoption of a Green Building Ordinance by conducting a first reading to adopt a Green Building Ordinance with the following amendments:
- The threshold for triggering LEED/GPR certification for major non-residential and multi-family renovation/addition projects shall be set at 35,000 square feet and above
- Non-residential renovation/addition project defined as minor in size in the Green Building Ordinance shall adhere to CALGreen’s minimum thresholds for triggering CALGreen building requirements
- Accept the proposed wording revisions to Section 101.10.2 – Alternative Green Building Standards in the Green Building Ordinance from the Chamber of Commerce with the exception of Subsection C
- Revise the threshold language regarding major non-residential and multi-family renovation/addition project to add the word “substantial” to clarify that the applicable green requirements would be triggered if the project is either replacing or substantially altering the HVAC system and the other defined criteria listed in the Green Building Ordinance
- Set the Green Building Ordinance and the amended Fee Schedule effective date to July 1, 2013 (ADOPTED THE RESOLUTION AMENDING THE FEE SCHEDULE)
The City Council is scheduled to hold the second reading of the Green Building Ordinance at its September 18, 2012 meeting.
Green Building Ordinance - Council Conducted the First Reading on September 4, 2012
Fee Schedule
Community Stakeholders’ Meeting – August 1, 2012
On August 1, 2011, a Community Stakeholders’ Meeting was held at Community Hall as part of revisiting the ordinance.
At the meeting, City staff and the City’s green building consultant provided:
- An overview of the ordinance drafted by the City Council on May 3, 2011
- Updates affecting the draft green building ordinance, including recent updates to the Cal Green building codes
- Opportunity to provide feedback, refinements and recommendations on the draft ordinance, and to answer any questions you may have.
Presentation Material for the August 1, 2012 Focus Group Meeting
May 3, 2011 City Council Meeting
On May 3, 2011, the City Council requested that the Draft Green Building Ordinance be made available for public review and commenting for the next year before the Council reviews and considers its adoption. The Council is anticipated to review and consider adoption of the Draft Ordinance in May 2012.
The Draft Ordinance proposes to merge the Draft Green Building Ordinance requirements with the new Cal Green (California Green Building Standards Code) building codes that became effective on January 1, 2011. The benefit of merging these two codes will allow the City to incorporate green building measures into one ordinance, and to prevent having to subsequently amend the Green Building Ordinance every time the Cal Green building codes are amended.
Please find below links to the Draft Ordinance, Proposed Deposits, and a Progression Table of the Draft Ordinance Requirements:
Draft Green Building Ordinance (as of May 3, 2011)
Table of the Draft Green Building Requirements (as of May 3, 2011)
Community Stakeholders’ Meeting – August 1, 2012
A Community Stakeholders’ Meeting was scheduled on Wednesday, August 1 at Community Hall as part of revisiting the ordinance.
At the meeting, City staff and the City’s green building consultant provided:
- An overview of the ordinance drafted by the City Council on May 3, 2011
- Updates affecting the draft green building ordinance, including recent updates to the Cal Green building codes
- Opportunity to provide feedback, refinements and recommendations on the draft ordinance, and to answer any questions you may have.
Presentation Material for the August 1, 2012 Focus Group Meeting
May 3, 2011 City Council Meeting
On May 3, 2011, the City Council requested that the Draft Green Building Ordinance be made available for public review and commenting for the next year before the Council reviews and considers its adoption. The Council is anticipated to review and consider adoption of the Draft Ordinance in May 2012.
The Draft Ordinance proposes to merge the Draft Green Building Ordinance requirements with the new Cal Green (California Green Building Standards Code) building codes that became effective on January 1, 2011. The benefit of merging these two codes will allow the City to incorporate green building measures into one ordinance, and to prevent having to subsequently amend the Green Building Ordinance every time the Cal Green building codes are amended.
Please find below links to the Draft Ordinance, Proposed Deposits, and a Progression Table of the Draft Ordinance Requirements:
Draft Ordinance as of May 3, 2011
Proposed Deposits as of May 3, 2011
Progression Table of the Draft Ordinance Requirements
Public Comments
Public Comments on the Draft Ordinance may be provided by clicking here
City Council Meetings
On May 3, 2011, the City Council requested that the Draft Green Building Ordinance come back to the City Council in one year (May 2012) to be reviewed and considered for adoption with the following direction:
- Exempt all residential (single-family and multi-family) new construction developments of less than 9 units.
- Modify the mixed use language in Section 16.58.220 (Table 101.10) of the Draft Ordinance to read:
For new and renovation/addition projects with residential and non-residential components, the use shall comply by either:
A. Meeting the applicable requirements for each use; or
B. Meeting the applicable requirements for the use that comprises the majority of the project’s square footage.
- Modify the Fee Schedule for Third Party Certification to reflect the following:
| Project Type |
Required Deposit |
| Single Family |
$2/sq. ft., max $ 1,00 |
| Multi-Family Residential |
$2/sq. ft., min. $ 2,000/ max. $40,000 |
| Non-Residential |
$2/sq. ft., min. $35,000/ max. $75,000 |
- Place the Draft Ordinance on the City’s website and conduct additional public education and outreach to allow the public to review and comment on the draft ordinance.
On February 1, 2011, the City Council reviewed the Planning Commission recommendation for the Green Building Ordinance and directed staff to prepare a draft ordinance in conformance with the Phase II recommendations.
May 3, 2011 Staff Report with Draft Green Building Ordinance
February 1, 2011 Staff Report with Draft Green Building Ordinance
Planning Commission Meetings
On November 9, 2010, the Planning Commission approved a consent item to forward the Draft Green Building Ordinance (Resolution No. 6615) to the City Council as recommended by the Commission on October 26, 2010. The Draft Green Building Ordinance will be presented to the City Council for review and consideration during a public hearing at the February 1, 2011 City Council meeting.
Staff Report with Draft Green Building Ordinance (Resolution No. 6615)
On October 12, 2010, the Planning Commission conducted a public hearing and considered a Draft Green Building Ordinance prepared by staff and the City’s green building consultant, Global Green. The draft ordinance incorporated comments and suggestions from participants of the City’s Green Building Ordinance Focus Group meetings on June 7th and July 29th and from key stakeholders in the community. The main components of the Commission’s discussion focused on the threshold levels for new construction and renovations/additions, verification options, LEED EBOM (Leadership in Energy and Environmental Design, Existing Buildings: Operations and Maintenance) and incentives.
Staff Report
On October 26, 2010, the Planning Commission considered the Draft Green Building Ordinance that was refined based upon the Commission’s comments from the October 12 Planning Commission meeting and recommended approval of the draft ordinance with additional changes involving threshold levels, minimum requirements, verification/certification requirements, and the definition of “major” renovations. The Commission also made recommendations not reflected in the draft ordinance pertaining to the effective start date of the ordinance, planning entitlements, incentives and deposit amounts.
Staff Report
Green Building Ordinance Focus Groups
In May 2010, the City began seeking interested parties to participate in Green Building Focus Groups to help the City through the process of developing a draft ordinance. The City received an overwhelming response from interested parties. Over 80 people signed up to participate as members of the City’s Green Building Ordinance Focus Groups. Participants attended two focus group meetings held on June 7th and July 29th at which time they provided several helpful comments and suggestions that were utilized in preparing the draft ordinance.
July 29, 2010 – Final Green Building Focus Group Meeting
The second and final Green Building Ordinance Focus Group meetings were held with practitioners (e.g. developers, architects, contractors, etc.) and community participants (e.g. residents with general interest). The City’s green building consultant, Walker Wells of Global Green, provided an overview of options to consider in the key components of the draft Green Building Ordinance. Many valuable comments and suggestions were received from participants that will be considered in developing the draft ordinance.
The key components of the draft ordinance that were discussed include: 1) Scope of the draft ordinance 2) Reference Standards, including the Table of Recommendations 3) Verification 4) Deposit Requirements 5) Incentives.
July 13, 2010 Planning Commission Meeting - Green Building Ordinance Educational Workshop
A Green Building Ordinance workshop was held as an additional educational resource for focus group participants who expressed an interest in learning more about the Phase II recommendations, the LEED and GPR rating systems, the upcoming Cal Green building codes, and how all of these relate to the City’s development of a draft Green Building Ordinance.
Staff Report for the July 13th Planning Commission Meeting
The workshop was structured as follows:
Shiloh Ballard of the Silicon Valley Leadership Group provided a presentation on:
• The Phase II background and recommendations by the Santa Clara County Cities Association
• An overview of the LEED and GPR rating systems
David Kaneda, Planning Commissioner, provided a presentation on:
The upcoming Cal Green state building codes that will require mandatory green building measures for all new development beginning on January 1, 2011
June 7, 2010 – First Green Building Ordinance Focus Group Meeting
The first kick-off Green Building Ordinance Focus Group meeting was held at De Anza College’s Kirsch Center. Over 65 participants attended. The meeting began with a guided tour of the LEED Platinum Kirsch Center, followed by a presentation by Walker Wells of Global Green, and participation of focus group members in small group discussions. The discussions yielded many helpful suggestions that staff and Global Green are reviewing to incorporate into the draft Green Building Ordinance.
E-Notification Sign-up
For future hearing and notification info, please sign-up for Green Building Ordinance e-list located under News. Please check this section prior to the public hearing for updated information in the event of any changes and/or any additional follow up hearing dates.
Resources
Phase II Description
Phase II Recommendations
Green Point Rated Description
Green Point Rated Checklist for New Development
LEED Description
Links to LEED for New Construction, including Checklists
For information on the Green Building Ordinance process and upcoming public hearing dates, please check this webpage or contact Aki Honda Snelling at (408) 777-3313.