HomeMy WebLinkAboutTC Ord 2008-04-16 (3)
ORDINANCE NO. 506 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 13 (BUILDING
REGULATIONS) TO ADOPT ENHANCED ENERGY EFFICIENCY
STANDARDS FOR SINGLE-FAMILY DWELLINGS GREATER THAN 3,500
SQUARE FEET OF CONDITIONED FLOOR AREA
SECTION 1. FINDINGS.
WHEREAS, the Town Council has identified and energy efficiency efforts as a
greatly desired and necessary objective of the Town; and
WHEREAS, The Town's general plan Tiburon 2020 promotes energy efficiency
in new construction in Policies OSC-61, OSC-62, and OSC-63; and
WHEREAS, California Health & Safety Code Section 18938 and 17958 provide
that the California Building Standards Code establishes building standards for all
occupancies throughout the State; and
WHEREAS, Health & Safety Code Section 17958.5 provides that a municipality
may establish more restrictive building standards if they are reasonably necessary due to
local climatic, geological, or topographic conditions; and
WHEREAS, the Town Council has previously adopted the 2007 California
Energy Code through adoption of ordinance No. 501 N. S.; and
WHEREAS, the Town Council finds that provisions of this ordinance are
reasonably necessary because of climatic, geologic, or topographical conditions as
follows: During periods when artic masses dominate the weather, nighttime lows drop
into the high twenties with daytime highs in the thirties or forties. The average summer
temperature highs approximate 70 degrees Fahrenheit with a low of 60 degrees
Fahrenheit, with winter temperatures averaging 60 degrees Fahrenheit and lows of 25
degrees Fahrenheit. Extreme high and low temperatures range from 100 degrees
Fahrenheit to 25 degrees Fahrenheit. Winds are generally mild at less than 18 miles per
hour, but can reach 75 miles per hour on occasion. The average house size is growing
larger and homes are using more energy. During the 1970's, most home construction was
approximately 2,000 to 3,000 square feet, while during the 1990's and into the 21 5t
century, the new average home size has increased to between 3,000 to 5,000 square feet.
During the same period, the average number of occupants of homes has declined. These
larger homes, being occupied by fewer persons, are using more energy and more
resources. Due to local climatic conditions and increasing house size, total estimated
energy consumption increased from 619 million kWh to 734 kWh in Marin County from
1995 to 2000. This 18.5% increase in energy use raises the per capita contribution of
greenhouse gasses, global warming, pollution, and energy supply shortages. Due to local
Town ofTiburon Ordinance No. 506 N. S.
Effective 05/16/2008
Page 1
climatic conditions, it is reasonably necessary to enhance the State of California energy
code requirements for homes over 3,500 square feet; and
WHEREAS, Public Resources Code Section 25402.1 (h)(2) states that the 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 conducted a study and submitted it to the
California Energy Commission demonstrating the feasibility and cost-effectiveness of the
proposed ordinance that was subsequently adopted by the Marin County Board of
Supervisors on October 16, 2001 and was approved by the California Energy
Commission in June, 2002; and
WHEREAS, the burning of fossil fuels used in the generation of electrical power
and heating of buildings has been found to contribute to global warming that will likely
have a significant adverse effect on the local climate and economy; and
WHEREAS, the governor of California signed Assembly Bill 32 into law on
September 27, 2006, said law directing the California EP A to put a cap on the generation
of greenhouse gas emissions; and
WHEREAS, it is estimated that implementation of the proposed energy ordinance
will require that new, larger single-family dwellings will have to exceed the current
requirements of Title 24 of the California Building Code between 8 and 30%, depending
on the size of the proposed dwelling; and
WHEREAS, the Planning Commission has reviewed and recommended approval
of the proposed Municipal Code amendments; and
WHEREAS, the Town Council has held public hearings on April 2, 2008 and
April 16, 2008 and has heard and considered all testimony on the proposed Municipal
Code amendments; and
WHEREAS, the Town Council determines that these amendments are covered by
the general rule that the California Environmental Quality Act (CEQA) applies only to
projects that have the potential for causing a significant effect on the environment
pursuant to CEQA Guidelines Section 15061(b)(3), and are not subject to environmental
reVIew.
SECTION 2. ADOPTION OF AMENDMENTS.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of
Tiburon hereby amends the Tiburon Municipal Code, Title IV, Chapter 13 (Building
Regulations) by adding Section 13-5.1 to read as follows:
Town ofTiburon Ordinance No. 506 N. S.
Effective 05/16/2008
Page 2
Section 13-5.1
ENERGY EFFICIENCY STANDARDS FOR
SINGLE-FAMILY DWELLINGS GREATER
THAN 3,500 SQUARE FEET OF
CONDITIONED FLOOR AREA
13-5.1.1 Purpose.
The purpose of this section is to reduce the annual and peak energy
consumption of large single-family homes.
13-5.1.2 Definitions.
As used in this section:
"Adjusted proposed design total" means the proposed building energy use, in
KBtulsf-Yf, calculated by the state approved alternative calculation method
(ACM) less any PV credit.
"Adjusted standard design total" means the performance energy budget, in
KBtu/sf-Yf, which this section establishes for all building to which it applies.
It is defined as the standard design total (KBtulsf-Yf) obtained from any
state-approved residential alternative calculation method (ACM) multiplied
by the Standard Design Adjustment Factor contained in Table A below.
Table A
Standard Design Adjustment Factors
House Size
(Total Conditioned Sq.
Ft.)
3,501--4,499
4,500-5,499
5,500-6,499
6,500-7,499
Adjustment Factor
0.918
0.826
0.700
0.629
"Conditioned floor area" has the meaning set forth in Section 101 (b) of the
2007 California Energy Code.
"PV credit" means the energy credit applicable to the proposed design for a
solar photovoltaic system that is capable of generating electricity from
sunlight and supplying it directly to the building; and is connected, through a
reversible meter, to the utility grid. The amount of PV credit under this
chapter is defined as Wo multiplied by 13.262 KBtulsf-Yf time dependent
value energy, where W 0 is a unitless value calculated as the rated watts of the
proposed photovoltaic system divided by the total conditioned floor area of
the building.
Town ofTiburon Ordinance No. 506 N. S.
Effective 05/16/2008
Page 3
13-5.1.3 Buildings covered.
The provisions of this section shall apply to all new single-family dwellings
greater than three thousand five hundred (3,500) square feet of total
conditioned floor area, and additions to existing single-family dwellings
which together with any other additions made after the enactment of this
chapter in the aggregate exceed five hundred (500) square feet where the
total conditioned floor area of the building exceeds three thousand five
hundred (3,500) square feet.
13-5.1.4 Exceptions.
The provisions of this section shall not apply to building area used for a
secondary dwelling unit, or to any project that received and maintains a valid
planning approval or a building permit, or which has submitted a complete
planning application or building permit application prior to the effective date
of the ordinance, unless otherwise required as a condition of approval of the
planning application.
13-5.1.5 Basic requirements.
All buildings covered by this section shall meet both of the following:
A. The adjusted standard design total energy budget, in source KBtulsf-Yf,
using the state-approved performance compliance approach, and
B. All other provisions applicable to low rise residential buildings contained
in the 2007 California Energy Code.
13-5.1.6 Permit forms.
In addition to the standard Title 24 report submitted to the building division,
an ordinance compliance form and worksheet will be required, which shall
be available at the building division.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would
have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Town ofTiburon Ordinance No. 506 N. S.
Effective 05/16/2008
Page 4
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on April 2, 2008, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on April 16, 2008, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram, Slavitz
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
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DIANE CRANE-rAcoPI, TOWN CLERK
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Town ofTiburon Ordinance No. 506 N. S.
Effective 05/16/2008
Page 5