Chapter 15.32


15.32.010    Findings.

15.32.020    Definitions.

15.32.030    Applicability.

15.32.040    Implementation.

15.32.050    Compliance.

15.32.060    Exemptions.

15.32.010 Findings.

The City Council of the City of Livermore finds that:

A. The design, construction, and maintenance of buildings and structures within the City can have a significant impact on the City’s environmental sustainability, resource usage and efficiency, waste management, and the health and productivity of residents, workers, and visitors.

B. “Green” building design, construction, and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health and productivity of a building’s occupants over the life of the building.

C. Green building design and construction decisions made by the City in the construction and remodeling of public buildings result in environmental benefits and cost savings to the City over the life of the buildings. By calling on the City to include green building measures in its own facilities, the City Council provides taxpayers a benefit through environmentally friendly, cheaper-to-operate buildings and simultaneously helps to develop markets for recycled, recyclable and environmentally sound materials.

D. Green building benefits are spread throughout the systems and features of the building. Building “green” can include, among other things, the use of certified sustainable wood products; aggressive use of high-recycled-content products; recycling of waste that occurs during deconstruction, demolition, and construction; enhancement of indoor air quality by selection and use of construction materials that do not have chemical emissions that are toxic or irritating to building occupants; modification of heating, ventilation, and air-conditioning systems to provide energy efficiency and improved indoor air; use of water conserving methods and equipment; and installation of alternative energy methods for supplemental energy production.

E. In recent years, green building design, construction and operational techniques have become increasingly widespread. Many homeowners, businesses, and building professionals have voluntarily sought to incorporate green building techniques into their projects. A number of local and national systems have been developed to serve as guides to green building practices. The U.S. Green Building Council, developer of the Leadership in Energy and Environmental Design (LEEDTM) Commercial Green Building Rating System and LEEDTM Reference Guide, has become a leader in promoting and guiding green building.

F. Requiring certain city projects to incorporate LEEDTM green building measures is necessary and appropriate to achieve the benefits of green building.

G. 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 arena of energy efficiency and “green” construction. The most immediate and meaningful way to do this is to include energy efficiency and green building elements in as many public buildings as feasible.

H. It is in the public interest to address the appropriateness of mandating green building requirements for private projects separately from, and subsequent to, applying such requirements to city projects. Accordingly, unless and until the City Council determines otherwise, the provisions of this chapter shall not apply to private sector development. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.010)

15.32.020 Definitions.

A. “Building” means any structure used or intended for supporting or sheltering any use or occupancy as defined in the California Building Code.

B. “City project” means new construction or renovation primarily funded by the City, conducted on city-owned property, or managed by city personnel from design through construction, and any buildings constructed for the City’s use under a build-to-suit program. “City project” shall not include traditional public works projects (defined below), and joint ventures between the City and a private developer.

C. “Compliance official” means the City’s Community Development Director or his/her designee who is responsible for enforcing this chapter for any given city project.

D. “Construction” means the building of any building or structure or any portion thereof.

E. “Green building practices” means a whole systems approach to the design, construction, and operation of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices such as those described in the LEEDTM rating system, recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive environment.

F. “Historical structure” means any building or structure listed on or eligible for listing on the national, state or local register of historic resources.

G. “Initiated” means officially identified and fully funded to offset all the costs associated with the project as found in the capital improvement program or city budget.

H. “LEEDTM rating system” means the most recent version of the Leadership in Energy and Environmental Design (LEEDTM) Commercial Green Building Rating SystemTM, or other related LEEDTM rating system, approved by the U.S. Green Building Council.

I. “Renovation” means:

1. A structural change to the foundation, roof, floor, or exterior of load-bearing walls of a facility, or the extension of an existing facility to increase its floor area; or

2. Alteration of an existing facility, such as to significantly change its function, even if such renovation does not include any structural change to the facility.

J. “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, as defined in the California Building Code.

K. “Traditional public works projects” means heavy construction projects, such as pump stations, flood control improvements, roads, bridges, traffic lights, sidewalks, bike paths and associated infrastructure on city-owned and maintained property. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(B), 2016; Ord. 2016 § 1(B), 2015; Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.020)

15.32.030 Applicability.

This chapter shall apply to all city projects as defined above. (Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.030)

15.32.040 Implementation.

All city projects initiated on or after the effective date of the ordinance codified in this chapter, except traditional public works projects, shall meet a minimum LEEDTM “Silver” rating under the LEEDTM rating system, or a city-approved equivalent. The green building compliance official shall be responsible for verifying the appropriate green building rating. (Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.040)

15.32.050 Compliance.

The green building compliance official shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the green building practices stated in this chapter. The rules and regulations promulgated by the green building compliance official under this section shall provide for at least the following:

A. The incorporation of green building practices of this chapter into the appropriate design and construction contract documents prepared for the applicable city projects.

B. Standards specifying how contractor bids or responses to requests for proposals must indicate plans for meeting all applicable LEEDTM standards required under this chapter. All projects following the LEEDTM rating system shall be required to have a LEEDTM accredited professional on the project team.

C. The green building compliance official shall administer and monitor compliance with the green building practices set forth in this chapter and with any rules or regulations promulgated thereunder, and to make recommendations to the City Council concerning the granting of waivers or exemptions from the requirements of this chapter. At a minimum the compliance official shall require: (1) a green building project checklist be submitted with the first building permit plan set submitted; (2) that all building plans indicate in the general notes or individual detail drawings, where feasible, the green building measures to be used to attain the applicable LEEDTM rating. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.050)

15.32.060 Exemptions.

Compliance with the provisions of this chapter 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. Historic structures are exempt from the requirements of this chapter. City projects in historic structures will incorporate as many of the green building measures as feasible from the LEEDTM commercial rating system without compromising the historical integrity of the structure. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; Ord. 1727 § 1, 2004. Formerly 15.74.060)