Loading...
HomeMy WebLinkAboutOrdinance 1854 (Energy Efficient Standards)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1854 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE ADDING CHAPTER 12.44 ENERGY EFFICIENCY STANDARDS FOR SINGLE-FAMILY DWELLINGS GREATER THAN 3,500 SQUARE FEET OF CONDITIONED FLOOR AREA" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of Julv. 2007, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 16th day of Julv. 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of July, 2007 .t;. E M. L'EONCINI City Clerk ORDINANCE NO. 1854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE ADDING CHAPTER 12.44 ENERGY EFFICIENCY STANDARDS FOR SINGLE FAMILY DWELLINGS GREATER THAN 3,500 SQUARE FEET OF CONDITIONED FLOOR AREA WHEREAS, the City Council has identified sustainability efforts as one of their principal objectives; and WHEREAS, General Plan 2020 promotes energy efficiency in new construction in Conservation Element Policy CON -18 Resource -Efficient Building Design and in Program CON -18a. Energy-efficient Homes, which encourages construction of homes that exceed Title 24 standards and directs consideration of an ordinance requiring greater energy efficiency in construction of larger homes; and WHEREAS, California Health and Safety Code Sections 18938 and 17958 provide that the California Building Standards Code establishes building standards for all occupancies throughout the State; and WHEREAS, Health and Safety Code Section 17958.5 provides that a city may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological or topographical conditions; and WHEREAS, the City Council finds that provisions of this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions as follows: During periods when artic masses dominate the weather, nighttime lows drop into the high twenties with daytime highs in the thirties. The average maximum temperature is over 80°F for the months of June, July, August and September, and during the summer it is not uncommon for temperatures to reach 100 OF. The average house size is getting larger and using more energy. During the 1970s most home construction was approximately 1,500-2,500 square feet. In the years 1998 through 2001 average house size construction continued to rise to approximately 3,000-4,000 square feet. During this same period, the average household size of occupants has decreased from 2.8 to 2.4 persons per household. These large houses are using more energy and resources for fewer inhabitants. Due to local climatic conditions and increasing house size, total residential energy consumption increased from 619 million kWh to 734 million kWh in Marin County from 1995 to 2000. This 18.5% increase in energy use raises the per capita contribution of greenhouse gases, global warming, pollution and energy supply shortages. Due to local climatic conditions, it is reasonably necessary to enhance the State of California energy code requirements for homes over 3,500 square feet; and WHEREAS, Public Resource Code Section 25402.1(h)(2) states that a local enforcement agency may adopt more restrictive energy standards when they are cost-effective and approved by the Energy Commission; and WHEREAS, Gabel Associates, LLC conducted a study as part of study submitted as evidence to the California Energy Commission, demonstrating the feasibility and cost-effectiveness of the proposed ordinance which was subsequently adopted by the Marin County Board of Supervisors on October 16, 2001 and approved by the California Energy Commission in June, 2002; and WHEREAS, the burning of fossil fuels used in the generation of electrical power and heating of buildings has been found to contribute to global warming which will likely have a significant adverse impact on the local climate and economy; and WHEREAS, the governor of California signed Assembly Bill 32 into law on September 27, 2006, which directs the California EPA to put a cap on the generation of greenhouse gas emissions; and WHEREAS, it is estimated that implementation of the proposed ordinance will require that new, larger single family dwellings will have to exceed the requirements of Title 24 of the California Building Code between 8 and 30 percent (8-30%), depending upon the size of the proposed dwelling; and WHEREAS, on May 29, 2007 and June 12, 2007, the San Rafael Planning Commission conducted public hearings on the proposed Municipal Code amendments, accepting all public testimony and the written reports of the Department of Community Development, and recommended approval of the proposed ordinance; and WHEREAS, it has been determined that these amendments are covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and are not subject to environmental review. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Title 12 is hereby amended to add the following chapter: Chapter 12.44 Energy Efficiency Standards for Single Family Dwellings Greater Than 3,500 Square Feet of Conditioned Floor Area 12.44.010 Purpose. The purpose of this ordinance is to reduce the annual and peak energy consumption of large single family homes. 12.44.20 Definitions. "Adjusted Proposed Design Total" is the proposed building energy use, in KBtu/sf-yr, calculated by the State approved Alternative Calculation Method (ACM) less any PV credit. "Adjusted Standard Design Total" is the performance energy budget, in KBtu/sf-yr, which this ordinance establishes for all building to which it applies. It is defined as the Standard Design Total (KBtu/sf-yr) obtained from any state -approved residential Alternative Calculation Method (ACM) multiplied by the Standard Design Adjustment Factor contained in Table A. "Conditioned floor area" has the meaning set forth in Section 101(b) of the 2005 California Building Energy Efficiency Standards. "PV Credit" is the energy credit applicable to the proposed design for a solar photovoltaic system that is capable of generating electricity from sunlight and supplying it directly to the building; and is connected, through a reversible meter, to the utility grid. The amount of PV credit under this ordinance is defined as Wo multiplied by 13.262 KBtu/sf-yr Time Dependent Value energy, where W,, is a unitless value calculated as the rated watts of the proposed photovoltaic system divided by the total conditioned floor area of the building. 12.44.030 Buildings Covered. The provisions of this Chapter shall apply to all new single family dwellings greater than 3,500 square feet of total conditioned floor area, and additions to existing single family dwellings which together with any other additions made after the enactment of this chapter in the aggregate exceed 500 square feet where the total conditioned floor area of the building exceeds 3,500 square feet. 12.44.040 Exceptions. The provisions of this ordinance shall not apply to building area used for a second dwelling unit, or to any project which received and maintains a valid planning approval or a building permit or which has submitted a complete planning application or building permit application 2 prior to the effective date of the ordinance unless otherwise required as a condition of approval of the planning application. 12.44.050 Basic Requirements. All buildings covered by this chapter shall meet both of the following: A. The Adjusted Standard Design Total energy budget, in source KBtu/sf-yr, using the State - approved performance compliance approach, and B. All other provisions applicable to low rise residential buildings contained in the California Building Energy Efficiency Standards. 12.44.060 Permit Forms. In addition to the standard Title 24 report submitted to the Building Division, an ordinance compliance form and worksheet will be required which shall be available at the Building Division. Table A Standard Design Adjustment Factors House Size (Total Conditioned Sq. Ft.) Adjustment Factor 3,501-4,499 0.918 4,500-5,499 0.826 5,500-6,499 0.700 6,500-7,499 0.629 DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. ATTEST: JEVNNE M. LEONCINI, City Clerk 3 ALBERT J. BO, Mayor The foregoing Ordinance No. 1854 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on the 2nd day of July, 2007 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of July, 2007. JMNNE M. LEONCINI, City Clerk 4