HomeMy WebLinkAbout2008-12-01 Ordinance 5024Ordinance No. 5024
Ordinance of the Council of the City of Palo Alto Adding Chapter 16.18 of
Title 16 of the Palo Alto Municipal Code Establishing Local Energy Efficiency
Standards for Certain Buildings and Improvements Covered by the 2005
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 four
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,
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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. The GHG emissions from the community from electricity and gas use have
declined 13% since 1990 due in part to more efficient use of energy as well as a decline in
economic activity; and
6. Local government, by itself, cannot fully address all of the challenges posed by
climate change and comply with the mandates of AB 32; and
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construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG
emissions that contribute to climate change; and
8. On May 12, 2008, the City Council adopted regulations for the incorporation of
green building techniques and materials in private residential and nonresidential development
projects (Green Building Regulations), Ordinance No. 5006; and
9. 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
10. Health and Safety Code Section 17958.5 provides that a city may establish more
restrictive building standards if they are reasonaby necessary due to local climatic, geological or
topographical conditions; and
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11. 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
12. On November 26, 2007 the City Council adopted with Ordinance No. 4980 the
2005 Edition of the California Energy Code, codified in Chapter 16.17 of Title 16 of the City of
Palo Alto Municipal Code; and
13. 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
14. On May 5, 2008 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 2005 California Energy Code, and said study demonstrated
----~ili.e cosfefrecttveness ortnese local amenaments; ana
15. 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
16. In accordance with the 2005 California Building Energy Efficiency Standards,
including California Code of Regulations, Title 24, Parts 1 and 6 (Standards) all low-rise
residential development must meet or exceed the energy efficiency requirements contained
therein; and
17. It is the purpose and intent of this Ordinance to amend the Standards as described
herein; and
18. City staff has prepared a new Chapter 16.18 to Title 16 of the Palo Alto Municipal
Code, Local Energy Efficiency Standards; and
. _m19. The modifications to the 2005 California Building Energy Efficiency-Standards
requifea fiy tliis Orainance are reasonafily necessary aue to local climatic, geologic ana
topographic conditions, specifically:
081218 s n 6050526
a. The City of Palo Alto Utilities (CPAU) 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
power to Palo Alto residents and businesses, especially in periods of peak
energy demand.
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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 global warming, 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
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reduction in greenhouse gas emissions; and
20. 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
21. 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.
SECTION 2. Chapter 16.18 of Title 16, "Building Code," is hereby added to the Palo
Alto Municipal Code to read and provide as follows:
Chapter 16.18
LOCAL ENERGY EFFICIENCY STANDARDS FOR CERTAIN BUILDINGS AND
IMPROVEMENTS COVERED BY THE 2005 CALIFORNIA ENERGY CODE
Sections:
16.18.010
16.18.020
16.18.030
16.18.040
16.18.050
16.18.060
081218 s n 6050526
Purpose.
Definitions.
Buildings Covered.
Compliance.
General Compliance Requirements.
Expiration.
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16.18.010 Purpose.
The purpose of this Ordinance is to promote the health, safety and welfare of Palo Alto
residents, workers, and visitors 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 all new residential and non-residential construction,
and should be used in conjunction with the City's Green Building Regulations, located in
Chapter 18.44 of Title 18 (Zoning) of the Palo Alto Municipal Code. This Chapter is intended to
amend 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 16,
Chapters 16.04 and 16.17 of the Palo Alto Municipal 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.
16.18.020 Dermitions.
For purposes of this Chapter 16.18, words or phrases used in this Chapter that are
-----s'pecificaUydefined-in-Parts-1-;-z-or6-ofTitle-z4-ofthe~_a1ifornia-eode-of-R:egulations-shaH-have-
the same meaning as . given in the Code of Regulations .. In addition, forthe purposes of this
Chapter 16.18, the following words and phrases shall have the meanings 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) "GreenPoint Rated" shall mean a residential green building rating system
developed by the Build It Green organization.
( c) "LEED®" shall mean the "Leadership in Energy and Environmental Design"
green building rating system developed by the U.S. Green Building Council.
(d) "Multi-Family Residential" shall mean a building containing three or more
attached dwelling units.
office, industrial, warehouse, service, or similar building( s).
(f) ''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.
(g) "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.
(h) "Single-Family or Two-Family Residential" shall mean a single detached
dwelling unit or two units in a single building.
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(i) "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.
G) "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 tenns of thousands of
British thennal units per square foot per year (kBtu/sq.:ft.-yr.).
16.18.030 Buildings Coveted.
The provisions of this Ordinance shall apply to all new residential construction (including
Multi-Family, Single-Family and Two-Family Residential construction) and all new
Nonresidential construction (including Mixed Use and other development), of any size for which
a building pennit has been applied and accepted as complete by the Building Division on or after
the effective aate of-this· Ordlnance;mmmThirOrdinance shall-not apply-to resiaential-and-----
nonresidentiaL additions and renovations ofany~i;?;e or J2ermit valuation. Subj,-"Oec=t,--",to,,-. -"th""'e"'--___ ~
foregoing limitation, the coverage of this Chapter shall be detennined in accordance with the
scope and application of either the Residential Compliance Manual or the Nonresidential
Compliance Manual, as appropriate for the proposed occupancy.
16.18.040 Compliance.
The Chief Building Official shall be charged with enforcing the provisions of this
Ordinance. A building pennit application subject to the provisions of this Chapter shall not be
issued a building pennit by the Chief Building Official unless the energy compliance
documentation submitted with the pennit application meets the requirements of this Chapter. A
final inspection for a building pennit subject to the requirements of this Chapter will not be
approved unless the work authorized by the building pennit has been constructed in accordance
with the approved plans, conditions of approvals, and requirements of this Chapter.
16.18.050 General Compliance Requirements.
--rnmaaaition to the requirements of tne21T<J5 BuilClii1gEnergy Efficiency StanClarCls, the
following general compliance requirements shall apply to all building pennit applications subject
to this chapter:
(a) Single-Family and Two-Family Residential Buildings. When an application
for a building permit involves a new Single Family or Two-Family Residential building that is
also a low-rise building, as defined by the 2005 California Building Energy Efficiency
Standards, the perfonnance 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. Compliance with this
Section shall constitute achievement of the minimum GreenPoint Rated energy points required
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 Development
Residential Construction and Renovation".
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(b) Multi-Family Residential Buildings. When an application for a building permit
involves a new Multi-Family Residential Building, the building permit applicant must determine
whether the building is low-rise or high-rise as defined by the 2005 California Building Energy
Efficiency Standards, and then use the appropriate approach as described below:
(1) Low Rise Multi-Familv Residential Buildings. When an application for a
building permit involves a new low-rise Multi-Family Residential Building, the performance
approach specified in Section 151 of the 2005 California 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. Compliance with this Section shall constitute
achievement of the minimum GreenPoint Rated energy points 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 Development -Residential Construction and Renovation".
(2) High-Rise Multi-Family Residential Buildings. When an application for a
building permit involves a new high-rise Multi-Family Residential Building, the applicant must
meet the Performance Approach using a Building Envelope and Mechanical System energy
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____ -----"'C=h=a12ter, as described below:
(i) Performance Approach/Building Envelope and Mechanical System.
The applicant must 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, Heat Rejection and Domestic Hot Water
("DHW") 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, Heat Rejection and
DHW energy components of the standard building. Compliance with this Section shall
constitute achievement of the minimum GreenPoint Rated energy points 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 Development -Residential Construction and
Renovation. "
(c) Nonresidential Buildings. When an application for a building permit involves new
Nonresidential Construction, as described in Table A of the "City of Palo Alto Green Building
Standards. for . Compliance for Private Development -Nonresidential Construction and
Renovation,"tlie permit applicant may clioose to meet tn:eLEED® minimum energy
performance requirement, or may choose to meet the minimum energy performance
requirements with an alternative equivalent method approved by the Chief Building Official.
(d) Solar Photovoltaic Energy Systems for Multi-Family Residential Construction
and Nonresidential Construction. 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 performance. 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 permit application date, which may be found on the web site of the California Energy
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Commission, at www.gosolarcalifomia.org; or shall be another Senate Bill 1 compliant method
as approved by the California Energy Commission.
(e) 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 energy compliance (Title 24)
report forms, as deemed appropriate by the Chief Building Official.
16.18.060 Expiration.
This Chapter 16.18 shall expire upon the date that the state's 2008 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 thatmt:b~mP!!rPose of this
Ordinance is to adopt stricter local energy efficiency standards for the construction of new
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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 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.
SECTION 5. 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 30 days
after its adoption, 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: SEPTEMBER 8, 2008
PASSED: DECEMBER 1, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
SCHMID, YEH
NOES:
ABSTENTIONS:
ABSENT:
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APPROVED AS TO FORM:
c:;km/¢ N. &ddl )feputy ityAttomey
~\J~ Director 0 Planning & Community
Environment
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