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.