HomeMy WebLinkAboutOrd 2014
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ORDINANCE NO. 2014
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 18.30
OF THE BURLINGAME MUNICIPAL CODE, WHICH CONTAINS LOCAL
AMENDMENTS TO THE CALIFORNIA GREEN BUILDING STANDARDS CODE;
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(b)(3))
WHEREAS, the City of Burlingame formally adopted the 2022 California
Building Codes, which includes Title 24, Part 11: The California Green Building
Standards Code (CALGreen), at its regular meeting on November 7, 2022; and
WHEREAS, the City adopted local amendments to the California Green
Building Standards Code through adoption of an Ordinance at its regular meeting on
November 21, 2022, which requires all-electric new construction and enhanced electric
vehicle charging infrastructure beyond State requirements; and
WHEREAS, the City wishes to allow developers who had submitted an application
deemed complete by the Director of Community Development for a planning or building
entitlement prior to January 1, 202 3, to be exempt from the City’s newest local
amendments to CALGreen, adopted on November 21, 2022; and
WHEREAS, the City further wishes to allow the Building Official the discretion to
provide an exception to projects who are able to prove that they can not build a compliant
project due to the requirements of the City’s newest local amendments, as noted in the
exception below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. The proposed Ordinance is not a project within the meaning of section
15378 of the CEQA Guidelines because it has no potential for resulting in physical change
in the environment. In the event that this Ordinance is found to be a project under CEQA,
it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
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or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapter 18.30 of the Burlingame Municipal Code is amended as
reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A
generally shows additions with underlined text and deletions with strike out text. Provisions
that are not edited remain unchanged.
Section 6. Section 5, Exhibit A of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 2, 3, 4, 6, 7, and 8 shall not be so codified.
Section 7. This Ordinance shall go into effect 30 days following its adoption.
Section 8. The City Clerk is directed to publish this Ordinance in a manner
required by law.
____________________
Michael Brownrigg, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
17th day of January, 2023 and adopted thereafter at a regular meeting of the City Council
held on the 6th day of February, 2023 by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
Section 18.30.015 is added to Chapter 18.30 of the City of Burlingame Municipal
Code, and shall read as follows:
Section 18.30.015: Exemptions and Exceptions
a. Exemptions: Any project that has submitted an application deemed complete by the
Director of Community Development for either a planning or building entitlement
prior to January 1, 2023, is exempt from the City of Burlingame’s local amendments
to Title 24, Part 11: The California Green Building Standards Code (CALGreen)
that went into effect on January 1, 2023. All projects must still comply with any
local amendments to the California Energy Code applicable to the project that
were in place prior to January 1, 2023, as well as with all other applicable local,
State and Federal codes and regulations.
b. Exceptions:
1. If the applicant establishes that there is not a compliance pathway for the
building under the City’s local amendments to the California Green
Building Standards Code (effective January 1, 2023), and that the
building is not able to achieve the performance compliance standard
applicable to the building under these same standards using
commercially available technology and an approved calculation method,
or if it is demonstrated that there is equivalent greenhouse gas reduction,
then the Building Official may grant an exception.
c. Exception Process:
1. Granting of Exception. If the Building Official or designee determines that
it is infeasible for the applicant to fully meet the requirements of this
Chapter and the exception listed above applies, the Building Official or
designee, shall determine the maximum feasible threshold of compliance
reasonably achievable for the project. The decision of the Build ing Official
or designee shall be provided to the applicant in writing. If an exception is
granted, the applicant shall be required to comply with this Chapter in all
other respects and shall be required to achieve, in accordance with this
Chapter, the threshold of compliance determined to be achievable by the
Building Official or designee.
2. Denial of Exception. If the Building Official or designee determines that it
is reasonably possible for the applicant to fully meet the requirements of
this Chapter, the request for exception shall be denied and the Building
Official or designee shall so notify the applicant in writing. The project and
compliance documentation shall be modified to comply with this Chapter
prior to further review of any pending planning or building permit
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application.
3. Appeals of Exception Denial. If denied the exception, the applicant may
appeal the denial in writing to the Director of Community Development.
Such appeal must be received by the City within five (5) business days
from the date the applicant was given notice of the denial. The Director
will consider the information provided, and render a written decision
regarding infeasibility based on the factors set forth in this Chapter. The
decision of the Director shall be final.
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