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ORDINANCE 1454ORDINANCE NO. 1454 AN ORDINANCE ADOPTING THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE WITH AMENDMENTS. The Council of the City of El Segundo does ordain as follows: SECTION 1: FINDINGS. The City Council finds and declares as follows: A. Health and Safety Code § 17958 requires the City is required to adopt certain codes that are set forth in Health and Safety Code § 17922 and published in the California Code of Regulations; B. Pursuant to Government Code §§ 50022.2, et seq., the City may adopt other uniform codes by reference; C. It is in the public interest to adopt the 2010 Edition of the California Energy Code set forth in this Ordinance; D. At least one copy of the California Energy Code was filed with the City Clerk of the City was available for public inspection for at least fifteen (15) days preceding the date of the hearing CHAPTER 15 ENERGY CODE SECTION 2: Chapter 15 is amended in it's entirety in Title 13 of the El Segundo Municipal Code ( "ESMC ") to read as follows: 13 -15 -1: ADOPTION OF CALIFORNIA ENERGY CODE, 2010 EDITION. Pursuant to California Government Code §§ 50022.1 to 50022.8, inclusive, the California Energy Code, 2010 Edition, published at Title 24, Part 6, of the California Code of Regulations, is adopted by reference, set forth below. One true copy of the California Energy Code, is on file in the office of the Building Official and is available for public inspection as required by law. SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing code of construction - related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. This ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment. SECTION 4: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5: SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 7: EFFECTIVE DATE. This Ordinance will take effect on January 1, 2011. PASSED AND ADOPTED this 16thday of Nove 2010. Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1454 was duly introduced by said City Council at a regular meeting held on the 2nd day of November , 2010, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 16th day of November 2010, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes NOES: None ABSENT: Jacobson ABSTAIN' one -C16- Morte ity CI rk /0 APPROVE AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney