Ordinance 2981CITY OF ALAMEDA ORDINANCE NO.
2981
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CHAPTER XIII (BUILDING AND HOUSING) BY CREATING A
CIVIC GREEN BUILDING ORDINANCE
WHEREAS , The City finds that the design , construction , and
maintenance of buildings within the City can have a significant impact on the
City environmental sustainability, resource usage and efficiency, waste
management , and the health and productivity of residents , workers , and visitors
to the City; and
WHEREAS , the City finds , based on studies by StopWaste.Org that
construction and demolition debris comprise up to 21 % of materials disposed in
Alameda County landfils; and
WHEREAS , the City finds that green building design , construction
operation and maintenance can have a significant positive effect on energy,
water and resource efficiency, waste and pollution generation , wildlife habitat
and the health and productivity of a property s occupants over the life of the
building; and
WHEREAS , the City finds that green building design contributes to a
reduction in greenhouse gas emissions , improve air quality and enhance urban
sustainability; and
WHEREAS , the City finds that green building benefits are spread
throughout the systems and features of the building and the landscape , the
larger SF Bay area ecosystem and the community. green buildings use
recycled-content materials , consume less energy and water , have better indoor
air quality, and use much less natural resources than conventional buildings.
Construction waste is often recycled and remanufactured into other building
products; and
WHEREAS , the City finds that green building design and construction
decisions made by the City in the construction and remodeling of City buildings
can result in significant cost savings to the City over the life of the projects; and
WHEREAS , the City finds that it is critical to both the economic and
environmental health of the City that the City provides leadership to both the
private and public sectors in the area of green building; and
WHEREAS , the most immediate and meaningful way to do so is to
include greei1 building requirements for City projects and in projects built as
public-private partnerships , and to encourage private projects to include green
building elements; and
WHEREAS , green building design , construction operations and
maintenance techniques are increasingly widespread in residential and
commercial building construction; and
WHEREAS , at the national level , the U.S. Green Building Council has
taken the lead in promoting and defining commercial green building b
developing the Leadership in Energy and Environmental Design (LEED)T
Rating System; and
WHEREAS , in California , Build It Green has taken the lead in promoting
and defining a statewide standard for residential green building by developing
the GreenPoint Rated program; and
WHEREAS requiring Cit Projects and public-private partnership
projects to incorporate LEED T , GreenPoint Rated is necessary and
appropriate to achieving the benefits of green building in the City, and
WHEREAS , the GreenPoint Rated program and the LEED rating
program promote a whole-building approach to sustainability and performance
in five key areas: sustainable site design , water savings , energy efficiency,
materials selection and indoor air quality.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 . The Alameda Municipal Code is hereby amended by adding a
new Section , 31-, which shall read as follows: GREEN BUILDING
REQUIREMENTS FOR CITY BUILDING PROJECTS CAPITAL
IMPROVEMENT PROJECTS , AND PUBLIC-PRIVATE PARTNERSHIPS and
is hereby added to the Alameda City Municipal Code to read as follows:
13-19.1 Purpose and Intent.
To promote economic and environmental health in the City, it is essential
that the City itself, through the design , construction operation and
deconstruction of its own facilities and facilities it funds , provide leadership to
both the private and public sectors incorporating green building practices. The
most immediate and meaningful way to do this is to require the integration of
green building in City and public-private partnerships buildings and landscapes.
13-19. 2 Definitions.
a. "Covered Project" means (1) all new building or renovation projects that
equal or exceed $3 million in construction costs; and are either owned or
occupied by a City department or Agency or developed as a Public-
Private Partnership.
b. "Green Building Compliance Official" means the Building Official or
designated staff person(s) authorized and responsible for implementing
this Article.
c. "Green Point Rated" means the most recent version of the residential
green building rating program developed by Build It Green. City staff
shall maintain the most recent version of the GreenPoint checklists and
Residential Green Building Guidelines for New Home Construction
Remodeling, and Multifamily Building.
d. "Initiated" means at the time of application for a building permit.
e. "LEED TM Rating System " means the most recent version of the
Leadership in Energy and Environmental Design (LEED TM ) Green
Building Rating United States Green Building Council. City staff shall
maintain the most recent version of the LEED TM Rating System at all
times.
f. "LEED Accredited Professional" means an individual who has passed
the LEED TM accreditation exam administered by the US Green Building
Council.
g. "
Public-Private Partnership " means any project built on city-owned land
or constructed wholly or in part with public funds , or built as a project of
the City, Community Improvement Commission , or Housing Authority.
h. "Renovation " means any change , addition , or modification to an existing
building or structure , including, but not limited to , tenant improvements.
Structure " means that which is built or constructed , an edifice or
building of any kind or any piece of work artificially built or composed of
parts joined together in some definite manner and permanently attached
to the ground.
Traditional Public Works Project" means heavy construction projects
such as pump stations , flood control improvements , roads , and bridges
as well as traffic lights , sidewalks , bike paths , bus stops , and associated
infrastructure on City owned and maintained property.
13-19.3 Standard For Compliance.
a. All Covered Projects initiated on or after the effective date of this
Ordinance , shall meet either: a minimum LEED TM Certified rating and be
sO.certified by the US Green Building Councilor a minimum GreenPoint
Rated score of 50 and be so verified by Build It Green. All Covered
Projects shall also have a LEED TM -Accredited Professional or a Certified
Green Building Professional as a principal member of the design team
from the beginning of the project.
Covered Projects are required to meet as many LEED credits , or
GreenPoint Rated measures as practicable and are required to complete
and submit the LEED or GreenPoint checklist as a way of documenting
the green building practices that have been incorporated into the project.
The Building Official or his designee shall regularly review the project
specifications used in bidding Capital Improvement Projects to include
the best green building practices.
13-19.4 Implementing Regulations.
a. The Building Official shall , within six months of ordinance adoption
promulgate any rules and regulations necessary or appropriate to
achieve compliance with the requirements of this Section.
b. The rules and regulations promulgated by the Building Official under this
section shall provide for at least the following:
1. The incorporation of the green building requirements into the
appropriate design , construction , maintenance and development
agreement documents prepared for the applicable Covered
Projects.
2. The designation of an appropriate Green Building Compliance
Official(s) who shall have the responsibility to administer and
monitor compliance with the green building requirements set forth
in this Section and with any rules or regulations promulgated there
under , and to grant waivers or exemptions from the requirements
of this Section , and to report to the City Council regarding green
building compliance on all Covered Projects and Traditional Public
Works Projects.
13-19.5. Unusual Circumstances.
Compliance with the provisions of this Article may be waived in unusual
circumstances where the City Council has , by resolution , found and determined
that the public interest would not be served by complying with such provisions.
Section 2 lf any section , subsection , sentence , clause or phrase of this
ordinance is , for any reason , held invalid or unconstitutional , such decision shall
not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council of the City of Alameda herby declares that it would
have passed this ordinance , and each section , subsection , sentence , clause or
phrase hereof, irrespective of the fact that any one or more sections
subsections , sentences , clauses or phrases be declared unconstitutional.
Section All former ordinances or parts thereof conflicting or
inconsistent with the provisions of this ordinance hereby adopted , to the extent
of such conflict only, are hereby repealed.
Section 4.This ordinance and the rules , regulations , provisions
requirements , orders and matters established and adopted hereby shall take
effect and be in full force and effect 30 days after the date of its final passage
and adoption.
Attest:
Lara Weisiger , City CI r
City of Alameda
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 20 day of May, 2008 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of
said City this 21 st day of May, 2008.
Lara Weisiger , City Cler
City of Alameda