2010/11/23 City Council Ordinance 830
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputy
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 29th
day of November. 2010, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 830, "REPEALING TITLE 14 (SUSTAINABILITY), OF THE
ROHNERT PARK MUNICIPAL CODE" in five (5) public places in said City, to wit:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.ore for website posting
Subscribed and sworn to before me
this 29th day of November, 2010.
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Deputy City Clerk
M:\Ordinances\Ordinances 20I0\Affidavits ofPosting\Affidavit of Posting 830.doc
ORDINANCE NO. 830
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA REPEALING TITLE 14 (SUST AINABILITY), OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, the Development Services Department of the City of Rohnert Park is
responsible for local enforcement of the California Building Standards Code, also known as
. Califorriia Code of Regulations, Title 24;
WHEREAS, the California Building Standards Code is updated by the California
Building Standards Commission approximately every three years based upon published model
codes specified in the California Health and Safety Code;
WHEREAS, local jurisdictions responsible for enforcement of the California
Building Standards Code must enact local administrative regulations in order to implement
the California Building Standards Code;
WHEREAS, on or before July 1, 2010, the California Building Standards
Commission published the 2010.California Building Standards Code;
WHEREAS, on January 1,2011, the building standards and regulations contained in
the 2010 California Building Standards Code become effective and applicable throughout the
State of California;
WHEREAS, Ordinance No.829 creates Chapter 15.26 of Title 15 of the Rohnert Park
Municipal Code, which adopts the California Green Building Standards Code (CaIGreen),
effective January 1,2011, superseding Title 14, Chapter 14.50;
WHEREAS, Ordinance No. 829 creates Chapter 15.24 of Title 15 of the Rohnert Park
Municipal code, which adopts the California Building Standards Code, Part 6 (California
Energy Code), effective January 1,2011, superseding Title 14, Chapter 14.02, "Local Energy
Efficiency Standards";
WHEREAS, allowing Title 14, Chapters 14.02 and 14.50 to continue in-force would
create contradictions with Title 15, Chapters 15.26 and 15.24;
WHEREAS, Title 14 contains only chapters 14.02 and 14.50; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a
field which has been fully occupied by state law, including the California Building Standards
Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA, does hereby ordain as follows:
SECTION 1. Findings.
The City Council finds that:
A. A duly noticed public hearing regarding the proposed change to the Municipal Code
was held by the City Council on November 23,2010.
B. This ordinance will ensure that there are no conflicts with the 2010 California
Building Code, including Cal Green, which becomes effective January 1,2011.
C. In accordance with CEQA Section 15061(b) (3), this is not a project subject to CEQA
in that there is no possibility that the activity in question may have a significant effect
on the environment.
D. This ordinance is enacted pursuant to and in compliance with Health & Safety Code
Sections 17958.5, 17958.7, and as expressly permitted in Government Code Section
50022.2 to make local amendments to the California Building Standards Code.
SECTION 2. Title 14 of the Rohnert Park Municipal Code (Sustainability) is hereby
repealed.
SECTION 3. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such declaration shall not affect the
validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall be in full force and effective on January 1, 2011, no less than 30 days
after its adoption, and shall be published or posted as required by law.
This ordinance was introduced on the 9th day of November, 2010, and DULY AND
REGULARLY ADOPTED this 23rd day of November , 2010, by the
following vote:
AYES: Five (5) Council Members
Mayor Stafford
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
ATTEST:
Belforte, Breeze, Callinan, Mackenzie, and
CITY OF ROHNERT PARK
City Attorney
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