ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA, CALIFORNIA, ADDING CHAPTER 18-34, LOCAL ENERGY EFFICIENCY STANDARDS TO THE SANTA ROSA CITY CODE FOR THE PURPOSE OF ADOPTING LOCAL ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE 2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS

WHEREAS, California Health and Safety Code Sections 18938 and 17958 provide that the California Building 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 Council has found that certain modifications and additions to the California Building Code are reasonably necessary based upon local climatic, topographical and geological conditions; and

WHEREAS, on September 25, 2007, the Council directed city staff to prepare an ordinance for the City of Santa Rosa that would increase local energy efficiency standards for certain buildings currently covered by the 2005 California Building Energy Efficiency Standards; and

WHEREAS, on October 16, 2007, the Council created a local advisory committee including certain members of the community having diverse areas of expertise and thereby appointed members to serve on the Green Building Policy – Council Advisory Committee to consider the cost of implementing stricter local energy efficiency standards and to make recommendations to Council; 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, with input from the Santa Rosa Green Building Policy – Council Advisory Committee, has conducted a study to show that the energy conservation measures contained in this ordinance are cost-effective; and

WHEREAS, the City included the Gabel Associates study in an application for consideration by the California Energy Commission in compliance with Public Resources Code 25402.1(h)(2); and

WHEREAS, California has been known to experience rolling blackouts during periods of peak energy use due to energy demands greater than what the state’s electrical energy system can provide; and

WHEREAS, the burning of fossil fuels used in the generation of electric power and heating of buildings contributes to global warming; and

WHEREAS, increased global warming could 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, in accordance with the 2005 California Building Energy Efficiency Standards, including California Code of Regulations, Title 24, Parts 1 and 6 (Standards) all residential development must meet or exceed the energy requirements contained therein; and

WHEREAS, it is the purpose and intent of this ordinance to amend the abovementioned standards as described herein; and

WHEREAS, City staff has prepared a new chapter to Title 18 of the Santa Rosa City Code, which is Chapter 18-34 – Local Energy Efficiency Standards, as directed by the City Council.

Section 1. Chapter 18-34, “Local Energy Efficiency Standards,” is hereby added to Title 18, “Buildings and Construction,” of the SANTA ROSA CITY CODE to read and provide as follows:

18-34.010 Findings.

The modifications to the 2005 California Building Energy Efficiency Standards are reasonably necessary due to local climatic conditions. As a result of summer ambient temperatures, average load demand and peak load demand of energy used in Santa Rosa are important factors concerning public safety and adverse economic impacts of power outages or power reductions (i.e., “brown-outs”). Reduction of total and peak energy use as a result of incremental energy conservation measures required by this ordinance will have local and regional benefits in the cost-effective reduction of energy costs for the building owner, additional available system energy capacity, and a reduction in greenhouse gas emissions.

18-34.020 Purpose.

This ordinance sets forth minimum energy efficiency standards within the City of Santa Rosa for all new residential construction. This Chapter is intended to supplement the 2005 California Building Energy Efficiency Standards, as specified in the California Code of Regulations, Title 24, Parts 1 and 6 (Standards), adopted by the City at Title 18, Chapter 18-33 of the City Code. Compliance with the 2005 California Building Energy Efficiency Standards is required even if the increased minimum efficiency standards in this Chapter do not apply.

18-34.030 Definitions.

For purposes of this Chapter 18-34, words or phrases used in this Chapter that are specifically defined in Parts 1, 2 or 6 of Title 24 of the California Code of Regulations shall have the same meaning as given in the Code of Regulations. In addition, the following words and phrases shall have the meaning indicated herein:

(A): “2005 Building Energy Efficiency Standards” shall mean the Standards and regulations adopted by the California Energy Commission contained in Parts 1 and 6 of Title 24 of the California Code of Regulations as such standards and regulations may be amended from time to time.
(B): “Nonresidential Compliance Manual” shall mean the manual developed by the California Energy Commission, under Section 25402.1(e) of the Public Resources Code, to aid designers, builders, and contractors in meeting the requirements of the state’s 2005 Building Energy Efficiency Standards for nonresidential, high-rise residential, and hotel/motel buildings.
(C): “Residential Compliance Manual” shall mean the manual developed by the California Energy Commission, under Section 25402.1(e) of the Public Resources Code, to aid designers, builders, and contractors in meeting the requirements of the state’s 2005 Building Energy Efficiency Standards for low-rise residential buildings.
(D): “Time Dependent Valuation of Energy or (“TDV Energy”)” shall mean the time varying energy caused to be used by the building to provide space conditioning and water heating and, for specified buildings, lighting. TDV Energy accounts for the energy used at the building site and consumed in producing and in delivering energy to a site, including but not limited to, power generation, transmission and distribution losses. TDV Energy is expressed in terms of thousands of British thermal units per square foot per year (kBtu/sq.ft.- yr.).

18-34.040 Buildings Covered.

The provisions of this ordinance shall apply to all new residential construction of any size for which a building permit has been applied and accepted as complete by the Building Division on or after the effective date of this ordinance. Subject to the foregoing limitation, the coverage of this Chapter shall be determined in accordance with the scope and application of either the Residential Compliance Manual or the Nonresidential Compliance Manual, as appropriate for the proposed occupancy.

18-34.050 Compliance.

The building official for the City of Santa Rosa shall be charged with enforcing the provisions of this ordinance. A building permit subject to the provisions of this chapter shall not be issued by the City’s building division unless the energy compliance documentation submitted with the permit application meets the requirements of this chapter. A final inspection for a building permit subject to the requirements of this chapter will not be approved unless the work

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authorized under a permit has been constructed in accordance with the approved plans and requirements of this chapter.

18-34.060 General Compliance Requirements.

In addition to the requirements of the 2005 Building Energy Efficiency Standards, the following general compliance requirements shall apply to all permit applications subject to this chapter:

(A): Low-Rise Residential Buildings. When an application for a building permit involves a new low-rise residential building, the performance approach specified in Section 151 of the 2005 Building Energy Efficiency Standards must be used to demonstrate that the TDV Energy of the proposed building is at least 15.0% less than the TDV Energy of the standard building.
(B): High-Rise Residential Buildings. Applications for building permits that involves a new high-rise residential building shall demonstrate compliance with the requirements of this chapter using either the Prescriptive Approach or the Performance Approach, as follows:
(1): Prescriptive Approach. If the building permit applicant chooses the prescriptive approach, the applicant shall use the Overall Envelope Approach as specified in Section 143(b) of the 2005 Building Energy Efficiency Standards to demonstrate that the Overall Heat Gain of the proposed building is at least 10.0% less than the Overall Heat Gain of the standard building; and the Overall Heat Loss of the proposed building is at least 10.0% less than the Overall Heat Loss of the of the standard building; or
(2): Performance Approach. If the applicant chooses the performance approach, the applicant shall select one of the following energy budget calculation methodologies to demonstrate the compliance with the requirements of this chapter:
(a): Building Envelope Only. Model the building envelope only using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the proposed building is at least 15.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the standard building; or
(b): Building Envelope and Mechanical System. Model the building envelope and mechanical system using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components of the proposed building is at least 15.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components of the standard building.
(C): Documentation. In order to demonstrate compliance with the requirements of this Section, a permit applicant may be required to submit supplementary forms and documentation in addition to the building drawings, specifications, and standard Title 24 report forms, as deemed appropriate by the City’s building official.

18-34.070 Enforcement.

(A): Civil Penalties. Any person who violates any provision of this chapter is liable to the City for a civil penalty of one thousand dollars.
(B): Cumulative Remedies. The foregoing remedy shall be deemed nonexclusive, cumulative and in addition to any other remedy the City may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter.

18-34.080 Expiration.

This chapter 18-34 shall expire upon the date that the state’s 2008 Building Energy Efficiency Standards take effect.”

Section 2. 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 3. Efforts to Enhance Local Compliance. Given that the purpose of this ordinance is to adopt stricter local energy efficiency standards for the construction of new residences within the City, the Council further recognizes that the adoption of new standards without additional education and training for City staff responsible for enforcement of the standards, could diminish compliance and potentially undermine the efficacy of the ordinance. Therefore, in order to ensure greater compliance and enforcement of the applicable energy efficiency standards, better equip building department staff and provide a greater resource to the City’s building community; the City will seek out additional education and training opportunities for building department staff in the areas of energy standards, technology and implementation.

Section 4. Environmental Compliance. The proposed ordinance preserves and enhances the environment, in that it would set forth minimum energy efficiency standards within the City of Santa Rosa for all new residential construction. In accordance with CEQA Section 15061(b)(3), “CEQA 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.” Staff has determined that the proposed ordinance is exempt from CEQA review.

Section 5. Effective Date. This ordinance shall be in force and effective 60 days after its adoption, except with respect to existing and approved master plans whereby this ordinance shall be in full force and effective 90 days after its adoption, and shall be published or posted as required by law.

IN COUNCIL DULY PASSED AND ADOPTED this 22^nd day of April, 2008. AYES: (5) Vice Mayor, John Sawyer; Councilmembers Bender Gorin, Jacobi, Pierce NOES: (0) ABSENT: (2) Mayor Blanchard; Councilmember Dean ABSTAIN: (0) ATTEST: Susan Stoneman, City Clerk APPROVED: Vice-Mayor Sawyer APPROVED AS TO FORM: Molly Dillon, Assistant City Attorney