2011/06/14 City Council Ordinance 838
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 ofthe City of Rohnert Park, Sonoma County, California; and that on the 16th day
of June, 2011, she posted as required by law full, true, and correct copies of ORDINANCE
NO. 838, "AMENDING CHAPTER 15.26 (GREEN BUILDING STANDARDS CODE) OF
THE ROHNERT PARK MUNICIPAL CODE TO ADOPT, BY REFERENCE, APPENDIX
A4 AND A5 TIER 1 LEVEL OF THE 2010 CALIFORNIA GREEN BUILDING
STANDARDS CODE" in the following places:
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.orl! for website posting
Deputy City Clerk
Subscribed and sworn to before me
this 16th day of June, 2011.
M:\Ordinances\Ordinances 20] ] \Affidavits ofPosting\Affidavit of Posting 838,doc
ORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA AMENDING CHAPTER 15.26 (GREEN BUILDING STANDARDS
CODE) OF THE ROHNERT PARK MUNICIPAL CODE TO ADOPT, BY REFERENCE,
APPENDIX A4 AND AS TIER 1 LEVEL OF THE 2010 CALIFORNIA GREEN
BUILDING STANDARDS CODE
WHEREAS, the Development Services Department is responsible for local enforcement
of the California Building Standards Code, also known as California 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, it is sometimes necessary to amend the California Building Standards Code .
as allowed per the California Health and Safety Code due to climatic, geological, or
topographical local conditions;
WHEREAS, the appendices of any part of the California Building Standards Code only
apply to a local jurisdiction if specifically adopted by that agency or when specified by state law;
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 does ordain as
follows:
SECTION 1. Findin2s.
The City Council finds that:
A. A duly noticed public hearing regarding the proposed amendment to the Municipal Code
was held by the City Council on JUne 14, 2011.
B. The proposed amendment to Chapter 15.26, Green Building Standards Code, adopts, by
reference, Appendix A4 ~d AS, tier 1 level, which preserves and enhances the
environment, in that it would set forth green building requirements within the City of
Rohnert Park that are in line with the previous standards and consistent with surrounding
jurisdictions, for all new residential and non-residential construction. '
C. In accordance with CEQA Section 15061(b)(3), "[C]EQA applies only to projects, which
have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA." The proposed
ordinance is exempt from CEQA review because the adoption of the amendment does not
have the potential for causing a significant effect on the environmenL
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.
E. As required by Health and Safety Code section 17958.7(a), the amendments to the
California Building Standards Code adopted by this ordinance and as described in
Chapter 15.26 are necessary for the protection of the public health, safety and welfare due
to the local climatic, geologic or topographical conditions as described in findings below:
1. 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, energy efficiency, waste management, and the health and
productivity of residents, workers, and visitors over the life of the building.
2. The construction of new structures has a direct impact on greenhouse gas
emissions for climate controL Provisions requiring low volatile organic
compounds (VOC) in building materials assist in lowering these emissions.
3. Water conservation is important in the region due to local geography and climate.
Provisions encouraging low water use plumbing fixtures and irrigation system
control devices help to conserve our water resources.
4. State mandated energy efficiency standards are addressed by the required use of
Energy Star appliances and installation of photovoltaic systems.
5. Requiring commercial and residential projects to incorporate green building
measures is necessary to achieve the public health and welfare benefits of green
building.
SECTION 2: Chapter 15.26, "GREEN BUILDING CODE" is hereby amended to read as
follows:
"Chapter 15.26 - GREEN BUILDING CODE
Section:
IS.26.010 ,... Adopted - California Green Building Standards Code, Title 24, Part 11
. (California Green Building Standards Code, or CaIGreen).
15.26.010 - Adopted-California Green Building Standards Code, Title 24, Part 11
(California Green Building Standards Code, or CalGreen).
The 2010 Edition of the California Green Building Standards Code, Part 11 of Title 24, including
Appendix Chapter A4,Residential Voluntary Measures at Tier I level and Appendix Chapter A5,
Nonresidential Voluntary Measures at Tier I level, one copy of which haS been filed for use and
examination by the public in the office of the building official, are adopted by reference."
(2)
SECTION 3. Severability.
The City Council hereby declares that every section, paragraph, sentence, cause and
phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this
ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses or phrases.
SECTION 4. Effective Date~
This ordinance shall be in full force and effective 30 days after its adoption, and shall be
published and posted as required by law.
This ordinance was introduced by the Council of the City of Rohnert Park on May 24,2011, and'
was adopted on June 14 ,2011 by the following rollcall vote:
AYES:
Three (3) Council Members Ahanotu, Stafford, and Mayor Belforte
NOES: One (1) Council Member Callinan
AJBSE}JT: One (1) Council Member Mackenzie
AJBSTAIN: None (0)
ATTEST:
CITY OF ROHNERT PARK
z~~
City Attome1 -:- -
(3)