HomeMy WebLinkAbout2009-10-19 Ordinance 5070Ordinance No. 5070
Ordinance of the City Council of the City of Palo Alto Repealing
Chapter 16.18 of the Palo Alto Municipal Code and Amending
Title 16 to Adopt a New Chapter 16.18 Establishing Local Energy
Efficiency Standards for Certain Buildings and Improvements
Covered by the 2008 California Energy Code
The City Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds that:
1. The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving
and improving the City's natural and built environment, protecting the health of its residents and
visitors, conserving water and energy, and fostering its economy; and
2. The City Council has identified Environmental Protection as one of its top three
goals, and energy efficiency is a key component of environmental protection; and
3. The City's Climate Protection Plan, adopted by the City Council on December 3,
2007, states that natural gas and electricity use within the City accounts for approximately
310,000 metric tons of carbon dioxide emissions annually, or 42.5% of total annual City-wide
emissions; and
4. The provisions of California Assembly Bill 32 (Global Warming Solutions Act)
require actions on the part of State and local governments to significantly reduce greenhouse gas
(GHG) emissions such that statewide GHG emissions are lowered to 1990 levels by 2020 and
80% below 1990 levels by 2050; and
5. Local government, by itself, cannot fully address all of the challenges posed by
climate change and comply with the mandates of AB 32; and
6. Energy efficiency is a key component in reducing GHG emISSIOns, and
construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG
emissions that contribute to climate change; and
7. On June 2, 2008, the City Council adopted regulations for the incorporation of
green building techniques and materi~s in private residential and nomesidential development
projects (Green Building Regulations), Ordinance No. 5006; and a resolution revising those
standards was introduced to Council on October 19, 2009; and
8. Building Standards Code establishes building standards for all occupancies
throughout the State; and
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9. 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
10. Based on the findings contained in this Ordinance, the City Council has found that
certain modifications and additions to the California Building Standards Code are reasonably
necessary based upon local climatic, topographical and geological conditions; and
11. In accordance with the 2008 California Building Energy Efficiency Standards,
including California Code of Regulations, Title 24, Parts 1 and 6 (Standards) all residential and
nonresidential development must meet or exceed the energy efficiency requirements contained
therein; and
12. California Public Resource Code Section 25402.1 (h)(2) authorizes a city to adopt
and enforce increased energy efficiency standards, provided that a determination is made that the
local standards are cost effective and they are approved by the California Energy Commission;
and
13. On October 19, 2009, an Ordinance Repealing Chapter 16.17 of the Palo Alto
Municipal Code and Amending Title 16 to Adopt aNew Chapter 16.17, California Energy Code,
2008 Edition was introduced to the City Council; and
14. It is the purpose and intent of this Ordinance to amend the 2008 California
Building Energy Efficiency Standards as described herein; and
15. City staffhas prepared a new Chapter 16.18 to Title 16 of the Palo Alto Municipal
Code, Local Energy Efficiency Standards; and
16. On March 23,2009, the City hired Gabel Associates, LLC, an expert in the field
of building energy analysis and Energy Code compliance, to assist the City in preparing a study
and proposal for local amendments to the 2008 California Energy Code, and said study
demonstrated the cost effectiveness of these local amendments; and
17. The City will include 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
18. The modifications to the 2008 California Building Energy Efficiency Standards
required by this Ordinance are reasonably necessary due to local climatic, geologic and
topographic conditions, specifically:
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a. The City of Palo Alto Utilities (CP AU) is the only municipal utility in
California that operates City-owned-utility services including electric,
fiber optic, natural gas, water and wastewater services, and as such, the
City Council is uniquely concerned that CP AU be able to provide reliable
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power to Palo Alto residents and businesses, especially in periods of peak
energy demand.
b. Summer ambient temperatures in the City during the months of June, July
and August can reach over 100 degrees, creating peak energy load
demands that can cause power outages, affecting public safety and causing
adverse local economic impacts.
c. The total square footage of conditioned habitable space within residential
and nonresidential buildings in the City is increasing and using more
energy and resources than in the past.
d. The burning of fossil fuels used in the generation of electric power and
heating of buildings contributes to climate change, which could result in
rises in sea level, including in San Francisco Bay, that could put at risk
Palo Alto homes and businesses, public facilities, and Highway 101.
e. Reduction of total and peak energy use as a result of incremental energy
efficiency measures required by this Ordinance will have local and
regional benefits in the cost-effective reduction of energy costs for
building owners, additional available system energy capacity, and a
reduction in greenhouse gas emissions; and
19. In order to maintain and advance the energy efficiency standards adopted herein,
it is in the best interest of the City to revisit this Ordinance prior to its expiration, ensuring that
local energy standards meet the goals of reducing energy consumption, thereby saving on energy
bills and decreasing greenhouse gas emissions; and
20. The study conducted by Gabel Associates, LLC has concluded that the energy
efficiency measures contained in this Ordinance are cost-effective. The City Council hereby
adopts the conclusions of the study and authorizes its inclusion in an application for
consideration by the California Energy Commission in compliance with California Public
Resources Code Section 25402.1(h)(2). Upon approval by the California Energy Commission,
this Ordinance shall be presented to the City Council for final adoption.
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SECTION 2. Chapter 16.18 of Title 16, "Building Code," is hereby amended by
repealing in its entirety Chapter 16.18 and enacting a new Chapter 16.18 to read and provide as
follows:
Chapter 16.18
LOCAL ENERGY EFFICIENCY STANDARDS FOR CERTAIN BUILDINGS AND
IMPROVEMENTS COVERED BY THE CALIFORNIA ENERGY CODE, 2008 EDITION
Sections:
16.18.010
16.18.020
16.18.030
16.18.040
16.18.050
16.18.060
16.18.070
16.18.010
Purpose.
Definitions.
Buildings Covered.
Compliance.
General Compliance Requirements.
Solar Photovoltaic Energy Systems for Multi-Family Residential
Construction and Nonresidential Construction.
Expiration.
Purpose.
The purpose of this Ordinance is to promote the health, safety and welfare of Palo Alto
residents, workers, visitors and the environment by minimizing the use and waste of energy in
the construction and operation of the City's building stock. The Ordinance sets forth minimum
energy efficiency standards within the City of Palo Alto for certain types of residential and
nonresidential new construction and renovation, and should be used in conjunction with both the
City's Green Building Regulations, located in Chapter 18.44 of Title 18 (Zoning) of the Palo
Alto Municipal Code, and the City's Green Building Standards for Compliance, adopted by City
Council Resolution. This Chapter is intended to amend the 2008 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 16, Chapters 16.04 and 16.17 of the Palo Alto
Municipal Code. Compliance with the 2008 California Building Energy Efficiency Standards is
required even if the increased minimum efficiency standards in this Chapter do not apply.
16.18.020 Definitions.
(a) For purposes of this Chapter 16.18, 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, for the purposes of this
Chapter 16.18, the following words and phrases shall have the meanings indicated herein:
(b) "2008 California Building Energy Efficiency Standards", or "California Energy
Code", 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.
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(c) "Energy STAR Portfolio Manager" (Portfolio Manager) shall mean the program
managed by the U.S. Environmental Protection Agency that offers an energy management tool
that allows an applicant to track and assess energy and water consumption of a building project.
Tracked projects receive an energy performance rating on a scale of 1-100 relative to similar
buildings nationwide.
(d) "GreenPoint Rated" shall mean a residential green building rating system developed
by the Build It Green organization.
( e) . "HERS Rating" shall mean the California Home Energy Rating System, a
statewide program for residential dwellings administered by the California Energy Commission
and defined in the 2008 California Building Energy Efficiency Standards. HERS Phase I
provides field verification and diagnostic testing to show compliance with Title 24, Part 6, of the
2008 California Building Energy Efficiency Standards. HERS Phase II includes whole-house
home energy efficiency ratings for existing and newly constructed homes.
(f) "LEED@" shall mean the "Leadership in Energy and Environmental Design" green
building rating system developed by the U.S. Green Building CounciL
(g) "Multi-Family Residential" shall mean a building containing three or more attached
dwelling units.
(h) "Nonresidential" shall mean a new or replacement retail, office, industrial,
warehouse, service, or similar building(s).
(i) "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 2008 Building Energy
Efficiency Standards for nonresidential, high-rise residential, and hoteVmotel buildings.
G) "Proposed Design" is defined in the Residential and Nonresidential Compliance
Manuals 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 2008 California Building Energy Efficiency Standards for nonresidential, high-rise
residential, and hoteVmotel buildings.
(k) "Rebuild" shall mean home improvements or minor additions to an existing
structure that do not maintain 75% of the existing roof or exterior walls.
(1) "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 2008 California
Building Energy Efficiency Standards for low-rise residential buildings.
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(m) "Single-Family or Two-Family Residential" shall mean a single detached dwelling
unit or two units in a single building.
(n) "Solar Photovoltaic Energy System" shall mean a photovoltaic solar collector or
other photovoltaic solar energy device that has a primary purpose of providing for the collection and
distribution of solar energy for the generation of alternative current rated peak electricity.
(0) "Standard Design" is defined in the Residential and Nonresidential Compliance
Manuals 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 2008 California Building Energy Efficiency Standards for nonresidential, high-rise
residential, and hotel/motel buildings.
(P) "Time Dependent Valuation of Energy (TDV Energy)" shall mean the time varying
energy caused to be used by a 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.).
16.18.030 Buildings Covered.
(a) Nonresidential Construction.
The provisions of this Ordinance shall apply to all nonresidential construction (including
Mixed Use and other development) 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 for:
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(1) New construction greater than or equal to 5,000 square feet, including
additions to existing buildings.
(2) New construction between 500 square feet and 5,000 square feet,
including additions to existing buildings.
(3) Tenant improvements, renovations or alterations greater than or equal to
5,000 square feet that include replacement or alteration of at least two of
the following: HV AC system, building envelope, hot water system, or
lighting system.
(4) Tenant improvements, renovations or alternations greater than or equal
500 square feet with greater than $100,000 in building permit valuation in
a single unit, that are not otherwise covered under Section 3 of Table A of
the "City of Palo Alto Green Building Standards for Compliance for
Private Nonresidential Construction",
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(b) Residential Construction.
The provisions of this Ordinance shall apply to all residential construction 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 for:
(1) Multi-family new construction ofthree or more attached units.
(2) Multi-family renovations or alterations greater than or equal to 50% of the
existing unit square footage that include replacement or alternation of at
least two of the following: HV AC system, building envelope, hot water
system, or lighting system.
(3) Multi-family renovations, alterations, additions, and/or rebuilds to
individual units greater than or equal to 250 square feet with greater than
or equal to $100,000 in building permit valuation in a single unit.
(4) Single-family or two-family new construction greater than or equal to
1,250 square feet.
(5) Single-family or two-family existing home additions or rebuilds greater
than or equal to 1,250 square feet.
(6) Single-family or two-family existing home renovations, rebuilds and/or
additions between 250 square feet and 1,250 square feet, with greater than
$100,000 in building permit valuation in a single unit.
Subject to the foregoing limitation, applicability of the residential or nonresidential sections of
this Chapter shall be determined in accordance with either the Residential Compliance Manual or
the Nonresidential Compliance Manual, as appropriate for the proposed occupancy.
16.18.040
Inspection.
Compliance Required to Receive Building Permit and Final
The Chief Building Official shall be charged with enforcing the provisions of this
Ordinance. A building permit application subject to the provisions of this Chapter shall not be
issued a building permit by the Chief Building Official 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 authorized by the building permit has been constructed in accordance
with the approved plans, conditions of approvals, and requirements of this Chapter.
16.18.050 General Compliance Requirements.
In addition to the requirements of the 2008 California Building Energy Efficiency
Standards the following general compliance requirements shall apply to all building permit
applications subject to this chapter:
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(a) Nonresidential Construction.
(1) New construction greater than or equal to 5,000 square feet, including
additions to existing buildings. The perfonnance approach specified in
Section 151 of the 2008 California Building Energy Efficiency Standards
shall be used to demonstrate that the TDV Energy of the Proposed Design
is at least 15.0% less than the TDV Energy of the Standard Design.
Compliance with this Section shall constitute achievement of LEED's
minimum energy prerequisite as described in Table A of the "City of Palo
Alto Green Building Standards for Compliance for Private Nonresidential
Construction and Renovation."
(2) New construction between 500 square feet and 5,000 square feet,
including additions to existing buildings. The perfonnance approach
specified in Section 151 of the 2008 California Building Energy
Efficiency Standards shall 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 Design. Compliance with this Section shall constitute
achievement of LEE D's minimum energy LEED prerequisite as described
in Table A of the "City of Palo Alto Green Building Standards for
Compliance for Private Nonresidential Construction and Renovation."
(3) Tenant improvements, renovation or alterations greater than or equal to
5,000 square feet that include replacement or alteration of at least two of
the following: HV AC system, building envelope, hot water system, or
lighting system. Energy efficiency beyond 2008 California Building
Energy Efficiency Standard minimums is not required for proj ects covered
by this section.
(4) Tenant improvements, renovations or alternations greater than or equal to
500 square feet with greater than $100,000 in building pennit valuation in
a single unit, that are not otherwise covered under Section 3 of Table A of
the "City of Palo Alto Green Building Standards for Compliance for
Private Nonresidential Construction." The applicant shall attain an Energy
STAR Portfolio Manager Building Energy Perfonnance Rating prior to
the issuance of a building pennit, although achievement of a particular
rating is not required. Compliance with this Section shall constitute
achievement of the Building Energy Perfonnance Rating described in
Table A of the "City of Palo Alto Green Building Standards for
Compliance for Private Nonresidential Construction and Renovation."
(b) Residential Construction.
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(1) Multi-family residential new construction of3 or more attached units. The
building pennit applicant must detennine whether the building is low-rise
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or high-rise as defined by the 2008 California Building Energy Efficiency
Standards, and then use the appropriate approach as described below:
(i) Low Rise (3 stories or less). The performance approach specified
in Section 151 of the 2008 California Building Energy Efficiency
Standards shall 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 Design. Compliance with this Section shall constitute
achievement of GreenPoint Rated's minimum energy prerequisite
for new "Multi-Family Residential" construction, as described in
Table B of the "City of Palo Alto Green Building Standards for
Compliance for Private Residential Construction and Renovation".
(ii) High Rise (4 stories or more). The applicant shall model the
building envelope and mechanical system of the Proposed Design
consistent with the 2008 Title 24 performance method rules. The
applicant shall demonstrate that the TDV Energy of the Proposed
Design is less than the TDV Energy of the Standard Design by the
percentage (%) required for minimum energy performance
specified in the 2009 GreenPoint Rated new "Multi-Family
Residential" construction guidelines. Compliance with this
Section shall constitute achievement of GreenPoint Rated's
minimum energy prerequisite required for new "Multi-Family
Residential" construction as described in Table B of the "City of
Palo Alto Green Building Standards for Compliance for Private
Residential Construction and Renovation."
(2) Multi-family renovations or alterations greater than or equal to 50% of the
existing unit square footage that include replacement or alteration of at
least two of the following: HV AC system, building envelope, hot water
system, or lighting system. The building permit applicant shall determine
whether the building is low-rise or high-rise as defined by the 2008
California Building Energy Efficiency Standards, and then use the
appropriate approach as described below:
(i) Low Rise (3 stories or less). The performance approach specified
in Section 151 of the 2008 California Building Energy Efficiency
Standards shall be used to demonstrate that the TDV Energy of the
Proposed Design is at least 15.0% less than the TDV Energy of the
Standard Design. Compliance with this Section shall constitute
achievement of GreenPoint Rated's minimum energy prerequisite
for new "Multi-Family Residential" construction, as described in
Table B of the "City of Palo Alto Green Building Standards for
Compliance for Private Residential Construction and Renovation".
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(ii) High Rise (4 stories or more). The applicant shall model the
building envelope and mechanical system of the Proposed Design
consistent with the 2008 Title 24 performance method rules. The
applicant shall demonstrate that the TDV Energy of the Proposed
Design is less than the TDV Energy of the Standard Design by the
percentage (%) required for minimum energy performance
specified in the current GreenPoint Rated new "Multi-Family
Residential" construction guidelines. Compliance with this
Section shall constitute achievement of GreenPoint Rated's
minimum energy prerequisite required for new "Multi-Family
Residential" construction as described in Table B of the "City of
Palo Alto Green Building Standards for Compliance for Private
Residential Construction and Renovation."
(3) Multi-family renovations, alterations, additions, and/or rebuilds to
individual units greater than or equal to 250 square feet with a building
permit valuation greater~than or equal to $100,000 in a single unit. The
applicant shall attain a HERS II rating prior to issuance of the building
permit, although achievement of a particular rating is not required.
Compliance with this Section shall constitute achievement of the HERS
Rating requirement as described in Table B of the "City of Palo Alto
Green Building Standards for Compliance for Private Residential
Construction and Renovation". Compliance with this Section is not
required until January 1,2011.
(4) Single-family or two-family residential new construction greater than or
equal to 1,250 square feet. The performance approach specified in Section
151 of the 2008 Building Energy Efficiency Standards shall be used to
demonstrate that the TDV Energy of the Proposed Design is at least 15.0%
less than the TDV Energy of the Standard Design. Compliance with this
Section shall constitute achievement of GreenPoint Rated's minimum
energy prerequisite for new "Single-Family and Two-Family Residential"
construction, as described in Table B of the "City of Palo Alto Green
Building Standards for Compliance for Private Residential Construction
and Renovation".
(5) Single-family or two-family residential additions or rebuilds greater than
or equal to 1,250 square feet. The performance approach specified in
Section 151 of the 2008 Building Energy Efficiency Standards shall be
used to demonstrate that the TDV Energy of the Proposed Design is at
least 15.0% less than the TDV Energy of the Standard Design.
Compliance with this Section shall constitute achievement of GreenPoint
Rated's minimum energy prerequisite for new "Single-Family and Two-
Family Residential" construction, as described in Table B of the "City of
Palo Alto Green Building Standards for Compliance for Private
Residential Construction and Renovation".
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(6) Single-family or two-family renovations, rebuilds and/or additions that are
between 250 square feet and 1,250 square feet, and that have greater than
$100,000 in building pennit valuation in a single unit. The applicant shall
attain a HERS II rating prior to issuance of the building pennit, although
achievement of a specific HERS II rating is not required. Compliance
with this Section shall constitute achievement of the minimum energy
requirement as described in Table B of the "City of Palo Alto Green
Building Standards for Compliance for Private Residential Construction
and Renovation". This Section has an effective date of January 1,2011
16.18.060 Solar Photovoltaic Energy Systems for Multi-Family Residential
Construction and Nonresidential Construction.
(a) Installation Criteria and Energv Credit. The installation of any solar photovoltaic
(PV) energy system must meet all installation criteria of the California Energy Commission's
Guidelines for California's Solar Electric Incentive Program Pursuant to Senate Bill 1. An energy
credit from solar PV energy systems may be used to demonstrate compliance with the general
compliance requirements of this Ordinance when evaluating LEED® energy perfonnance. This
credit is available if the solar PV energy system is capable of generating electricity from
sunlight, supplying the electricity directly to the building, and the system is connected, through a
reversible meter, to the utility grid. The methodology used to calculate the energy equivalent to
the photovoltaic credit shall be the CECPV Calculator, using the most recent version available
prior to the pennit application date, which may be found on the web site of the California Energy
Commission, at www.gosolarcalifornia.org; or shall be another Senate Bill 1 compliant method
as approved by the California Energy Commission.
(b) Documentation. In order to demonstrate compliance with the requirements of
this Section, a pennit applicant may be required to submit supplementary fonns and
documentation in addition to the building drawings, specifications, and standard energy
compliance (Title 24, HERS and Energy STAR Portfolio Manager) report fonns, as deemed
appropriate by the Chief Building Official.
16.18.070 Expiration.
This Chapter 16.18 shall expire upon the date that the State's 2011 Building Energy
Efficiency Standards take effect.
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. 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
buildings 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 undennine the efficacy of the Ordinance.
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Therefore, in order to ensure greater compliance and enforcement of the applicable energy
efficiency standards, better equip staff and provide a greater resource to the City's building
community, the City will seek additional education and training opportunities for staff in the
areas of energy standards, technology and Energy Code implementation and enforcement.
==.:!;..=~::...:. Environmental Compliance. The proposed Ordinance preserves and
enhances the environment, in that it would set forth minimum energy efficiency standards within
the City of Palo Alto for all new residential and nonresidential construction. In accordance with
California Environmental Quality Act (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." Staff has determined
that the proposed Ordinance is exempt from CEQA review.
SECTION 6. Effective Date. This Ordinance shall be in full force and effective on
January 1, 2010 or on the 31st day after its adoption, whichever is later, provided that the
Ordinance has also been approved by the California Energy Commission by that date, and shall
be published or posted as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
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October 19,2009
January 11,2010
BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID,
SHEPHERD,YEH
APPROVED:
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~~~~ ity Clerk
APPROVED AS TO FORM:
=~-r;;il Deputy . Attorney
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Director of Planning & Community
Environment
Direc_es