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ORDINANCE 1529 ORDINANCE NO. 1529 AN ORDINANCE ADOPTING THE 2016 EDITION OF THE CALIFORNIA ENERGY CODE ("CEC") AND AMENDING THE EL SEGUNDO MUNICIPAL CODE TO REFLECT SUCH ADOPTION The City Council of the city of El Segundo does ordain as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. The City may adopt model codes by reference pursuant to Government Code §§ 50022.2, et seq.; B. Health and Safety Code § 17958 requires the City to adopt certain codes that are set forth in Health and Safety Code § 17922 and published in the California Code of Regulations; C. Notice of public hearing to consider the adoption of the codes was published pursuant to Government Code § 6066 and a duly noticed public hearing was held on December 6, 2016, regarding the adoption of the Codes; D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes adopted by reference were filed with the City Clerk of the City and were available for public inspection for at least fifteen (15) days preceding the date of the hearing; and E, Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt the California Energy Code ("CEC') with the changes set forth in this Ordinance. SECTION 2: Title 13, Chapter 6 of the El Segundo Municipal Code ("ESMC) is amended in its entirety to read as follows: "CHAPTER 6 ENERGY CODE 13-6-1: ADOPTION OF CALIFORNIA ENERGY CODE, 2016 EDITION. Pursuant to California Government Code §§ 50022.1 to 50022.8, the California Energy Code, 2016 Edition, published at Title 24, Part 6, of the California Code of Regulations. One true copy of the CEC, is on file in the office of the Building Official and is available for public inspection as required by law." ORDINANCE No. 1529 Page 2 of 3 SECTION 3: Environmental Assessment. 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 "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, and therefore does not have the potential to cause significant effects on the environment. In addition, this ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308. SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5: 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 6: 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 7: Validity of Prior 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 8: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9: Effective Date. This Ordinance will become effective on the 31St day following its passage and adoption. SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission. ORDINANCE No. 1529 Page 3 of 3 PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1529 on this 6th day of December, 2016. uznre Fuentes, Mayor APPROVED AS TO FORM Mark D. Hensley, C orney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, 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. 1529 was duly introduced by said City Council at a regular meeting held on the 1 st day of November, 2016, 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 6th day of December, 2016, and the same was so passed and adopted by the following vote: AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugan and Council Member Pirsztuk NOES: None ABSENT: Council Member Brann ABSTAIN: None Tray Weaver, City Clerk 1