City of San Jose - Private Sector Green Building Policy

In October 2008, the City of San Jose enacted the Private Sector Green Building Policy (Policy No. 6-32). The policy was adopted in Ordinance No. 28622 in June, 2009. All new buildings must meet certain green building requirements in order to receive a building permit. Requirements are dependent on the size and type of the project.

• Tier 1 Commercial Projects include commercial industrial projects (non-residential) of less than 25,000 square feet, and less than a height of 75 feet. These projects are required to submit a completed GreenPoint Rated Checklist or LEED Checklist in order to receive a building permit.
  
• Tier 1 Residential Projects are single family detached residences or small residential projects consisting of 2-9 units. These buildings must also be less than 75 feet in height. Tier 1 Residential Projects are required to complete a GreenPoint Rated Checklist or a LEED Checklist.
• Tier 2 Commercial Projects include commercial industrial buildings (non-residential) of more than 25,000 square feet but less than 75 feet in height. These projects must LEED Silver certified.
• Tier 2 Residential Projects are multi-family buildings or multi-building residential projects consisting of 10 or more units. Buildings must be less than 75 feet in height. Tier 2 Residential projects must be LEED Certified or GreenPoint Rated.
• High-Rise Residential Projects are residential projects taller than 75 feet. These projects must be LEED Certified.
• Mix-Use Projects must submit a GreenPoint Rated Checklist or LEED Checklist and receive the minimum LEED certification required by the relevant standard in the Ordinance.

In October 2019, the San Jose City Council passed Ordinance No. 30330, prohibiting natural gas infrastructure in newly constructed low rise residential buildings and accessory dwelling units. Ordinance No. 30502 updated these requirements to include all newly constructed buildings. Hospital and attached accessory dwelling units in existing mixed-fuel building are exempt. Manufacturing, industrial facilities and food service establishments may request limited exemptions for the above requirements. Hardship exemptions are also available.