2002-0076 - City of Sunnyvale - Green Building - Adoption of policies and an ordinance to promote and create incentives for sustainable development in the disciplines of: sustainable sites, water efficiency, energy and atmosphere, materials and resources and indoor environmental resources quality.

Trudi Ryan introduced Ali Fatapour, Chief Building Official, Diana Perkins, Plan Checker and Erin Walters, Project Planner, acknowledging the joint efforts on this issue.  She also thanked other staff members from Public Works and Parks & Recreation Departments who were instrumental in the completion of the study issue.

Erin Walters, Project Planner, presented the staff report.  She summarized the proposed study, its evolution and the efforts conducted in the completion of the study item.  She noted that the goals of the study are to reduce the usage of resources in construction and operation of buildings and to provide better indoor environmental quality for building occupants. She presented two possible approaches to developing a green building program - 1) to develop a customized program in Sunnyvale and 2) to adopt an established rating system such as the US Green Building Council's model LEED program which is designed primarily for office and industrial buildings. Staff made the following recommendations: 1) adopt a policy that encourages public facilities to include green building design features into new construction, remodeling and maintenance facilities; 2) adopt an ordinance to allow an additional 5% Floor Area Ratio (FAR) for buildings located in the industrial zoning districts, without a Use Permit when the building is designed intended for LEED certification; 3) provide education and resources to the community to encourage sustainable development and green building design features, and 4) to encourage staff training and education in the green building industry and advances in green building products.  Staff also provided general green building criteria for the Moffett Park Specific Plan area.

Vice Chair Moylan commented that Attachment G appears to be missing Item #5.  Senior Assistant City Attorney Borger stated that the actual language for the ordinance is still being crafted but nothing is missing from the zoning intent.  Vice Chair Moylan then clarified that Item #6 on Page two of Attachment G is the real action relative to the study issue.  Senior Assistant City Attorney Borger responded yes. .

Further, Vice Chair Moylan asked if there were any modifications made based on the recently conducted study session.  Staff responded that the proposal is essentially the same with a little modification for public facilities and the terminology in the policy was changed in keeping with the study session.

Ms. Ryan stated that the report included additional analyses and suggestions for greater incentives for higher certification but the recommendation was not modified.

Vice Chair Moylan further asked if there was consideration to have a sliding scale up to some maximum based on some number of LEED points to avoid the two steps.  Staff responded that this approach was examined but staff was only comfortable with the environmental impact of allowing up to an additional 5% FAR.

Vice Chair Moylan furthermore asked staff if it is worthwhile to provide an incentive to those who could only do certain number of points and get half of extra FAR or whether it is not worth getting the sustainability unless one goes all the way for certification.  Ms. Ryan responded that it is possible but would require extra work to confirm whether the developer is meeting the points they are trying to acquire. She added that one of the benefits for LEED certification is that independent groups comment on meeting the criteria.  Further, Ms. Ryan added that a website has been created providing links to information that would bring an awareness and an incentive for green practices.

Comm. Simons asked staff if it would be useful to add in the policy statement consideration of recyclability of construction.   Staff responded that using recycled materials is counted as LEED credit.  Comm. Simons clarified his request that he meant the "construction of the buildings to be recyclable" since most of them are torn down every 15-25 years.    Ms. Ryan responded that this practice is also being counted as a LEED credit. It is a good suggestion to include the language adding emphasis.

Comm. Fussell complimented staff for their efforts and asked staff whether any of the 62 projects that have been completed and LEED certified, shared their experience with the process, its benefits receiving the LEED certification. Staff responded that there was a mixture of experiences; however, the majority found it beneficial and cost savings in the long term noting experiences ranging from the process was either hard to easy.  However, most developers are proud of their buildings and are willing to share their experience.

Chair Babcock asked clarification of staff whether this study would only require buildings that are 10,000 square feet to address every category.  Staff responded that the 10,000 square feet are only for public facilities. For industrial buildings, the incentive is for 5% of the floor area ratio, therefore there would be a range of square footages.

Chair Babcock further asked how many LEED experts are there locally.  Staff responded that she does not have the exact number; however, the number is growing and that both architectural firms for the case studies have at least one is accredited person on their staff.

Chair Babcock opened the public hearing.

There was no one in the public to speak on the item.

Chair Babcock closed the public hearing.

Vice Chair Moylan made a motion on Item #2002-0076 to recommend to City Council Alternative #1 to adopt a policy and ordinance pertaining to Floor Area Ratio on Sustainable Development Buildings and Alternative #3 to direct staff to continue to monitor the green building industry, what other cities do and the LEED program and report back to Council with updates and recommendations within five years or sooner when necessary. Comm. Hungerford seconded.

Vice Chair Moylan commented that it was an excellent idea for Sunnyvale to take the lead.  He was happy that the policies would apply to the Moffett Park Specific Plan area and tying larger FAR to sustainability is a great idea.  He added that the study will help the City in the long run and therefore, it has to be done.

Comm. Hungerford stated that it is a socially responsible thing to do and for the City to be the pioneer on this direction. Further, he stated that a lot of cities are imposing LEED certification on public buildings and not too many impose LEED certification on private buildings. Sunnyvale is proposing an approach with incentives as opposed to a requirement - a carrot approach.

Comm. Simons offered a friendly amendment to include in the policy the language consideration of "recyclability of construction materials." The amendment was accepted by the maker and the second.

FINAL MOTION:

Vice Chair Moylan made a motion on Item#2002-0076 to recommend to City Council Alternative #1 to adopt a policy and ordinance pertaining to Floor Area Ratio on Sustainable Development Buildings and Alternative #3 to direct staff to continue to monitor the green building industry, what other cities do and the LEED program and report back to Council with updates and recommendations within five years or sooner when necessary with modification and to include in the policy "consideration of recyclability of construction materials." Comm. Hungerford seconded.

Comm. Simons supported the motion.  He stated that it is always an improvement in the city process to provide an incentive rather than a requirement.

Chair Babcock thanked staff for the excellent detailed report.  She finds the report easy reading.

Motion carried 7-0.

 Ms. Ryan stated that the study is scheduled on City Council on February 10, 2004.