Item 1.6 - 2nd Reading & Adoption of Ord Nos. 764 & 765G`� t OF POlpq J
T City of Poway
C`�TY IN THE G COUNCIL AGENDA REPORT
DATE: June 3, 2014
APPROVED
M
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No.
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager. -
INITIATED BY: Sheila Cobian, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance Nos. 764 and 765
Repealing Poway Municipal Code (PMC) Chapters 15.18 and 15.22,
and adding new Chapters 15.18 and 15.22 to the PMC, Adopting by
Reference the 2013 California Energy Code and the 2013 California
Green Building Standards Code
Summary:
The introduction and first reading of the above entitled Ordinances were approved as amended at a
Regular City Council Meeting on May 20, 2014. The motion to amend by Councilmember Mullin
resulted in the deletion of Section 1 to both Ordinances:
All Councilmembers were present. There were no public speakers.
The Ordinances are now presented for second reading and adoption by title only
Vote at first reading: AYES: Vaus, Mullin, Grosch, Higginson
NOES: Cunningham
ABSENT: None
Recommended Action:
Adopt Ordinance Nos. 764 and 765.
Fiscal Impact:
None.
Environmental Review:
This project is exempt from the provisions of the 2014 California Environmental Quality Act (CEQA)
Guidelines pursuant to Section 15061(b)(3) in that it entails the adoption of State - mandated
Building Codes, with minor amendments.
Public Notification:
The Ordinances will be published in the Poway News Chieftain, a newspaper of general circulation
in the City of Poway, within fifteen (15) days after their passage.
Attachments:
A. Ordinance No. 764
B. Ordinance No. 765
1 of 7 June 3, 2014, Item #—L.
ORDINANCE NO. 764
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING CHAPTER 15.18, OF THE POWAY MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.18,
REGARDING THE 2013 CALIFORNIA BUILDING STANDARDS,
INCORPORATING BY REFERENCE THEREIN
THE CALIFORNIA ENERGY CODE, 2013 EDITION
WHEREAS, California Health and Safety Code Section 17958 requires that cities
adopt building regulations that are substantially the same as those adopted by the
California Building Standards Commission, and contained in the California Building
Standards Code; and
WHEREAS, on May 20, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Poway finds that this project is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the 2014 State CEQA Guidelines (Chapter 3 of Title
14 of the California Code of Regulations) in that it entails the adoption of the State -
mandated Building Codes with minor amendments.
Section 2: Chapter 15.18 of the Poway Municipal Code (PMC) is hereby
repealed.
Section 3: A new Chapter 15.18 of the PMC is hereby added to read as
follows:
2 of 7 Attachment A June 3, 2014, Item # I • U
Ordinance No. 764
Page 2
Chapter 15.18
ENERGY CODE
Sections:
15.18.010 Adoption.
15.18.010 Adoption.
There is hereby adopted and incorporated by reference herein as the City Energy Code
for the purpose of prescribing regulations in the City of Poway for the conservation of
energy the 2013 California Energy Code, Part 6, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California Health and Safety Code, Section 18901 et seq. Except as otherwise provided
by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction
of buildings where energy will be utilized shall be in conformance with the 2013
California Energy Code and any rules and regulations promulgated pursuant thereto,
including the California Energy Code, 2013 Edition, published by the California Energy
Commission.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 20th day of May 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 3rd day of June 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
3 of 7 June 3, 2014, Item #—L. 6
Ordinance No. 764
Page 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 764, was duly adopted by the City Council at a meeting of
said City Council held on the 3rd day of June 2014, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
4 of 7 June 3, 2014, Item # n
ORDINANCE NO. 765
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING CHAPTER 15.22, OF THE POWAY MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.22,
REGARDING THE 2013 CALIFORNIA BUILDING STANDARDS,
INCORPORATING BY REFERENCE THEREIN THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION
WHEREAS, California Health and Safety Code Section 17958 requires that cities
adopt building regulations that are substantially the same as those, adopted by the
California Building Standards Commission; and contained in the California Building
Standards Code; and
WHEREAS, on May 20, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Poway finds that this project is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the 2014 State CEQA Guidelines (Chapter 3 of Title
14 of the California Code of Regulations) in that it entails the adoption of the State -
mandated Building Codes with minor amendments.
Section 2: Chapter 15.22 of the Poway Municipal Code (PMC) is hereby
repealed.
Section 3: A new Chapter 15.22 of the PMC is hereby added to read as
follows:
Attachment B
5 of 7 June 3, 2014, Item # . L
Ordinance No. 765
Page 2
Chapter 15.22
GREEN BUILDING STANDARDS CODE
Sections:
15.22. 010 Adoption.
15.22.010 Adoption.
There is hereby adopted and incorporated by reference herein as the City Green
Building Standards Code for the purpose of prescribing regulations in the City of Poway
for the enhancement of the design and construction of buildings through the use of
building concepts having a reduced negative impact or positive environmental impact
and encourage sustainable construction practices the 2013 California Green Building
Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the
California Building Standards Code, as defined in the California Health and Safety code,
Section 18901 et seq. Except as otherwise provided by this Chapter and Chapter 15.02
PMC, all construction of buildings shall be in conformance with the 2013 California
Green Building Standards Code and any rules and regulations promulgated pursuant
thereto, including the California Green Building Standards Code 2013 Edition, published
by the California Building Standards Commission.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 20th day of May 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 3rd day of June 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
6 of 7 June 3, 2014, Item #11L
Ordinance No. 765
Page 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 765, was duly adopted by the City Council at a meeting of
said City Council held on the 3rd day of June 2014, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
7 of 7 June 3, 2014, Item #j-9