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HomeMy WebLinkAboutPC-1062-20 (CODE-0062-2020 -- City-Wide)   RESOLUTION NO. PC-1062-2020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE SUPPORTING THE CLEAN ENERGY CHOICE PROGRAM (PL-CODE-0062-2020) WHEREAS, the State of California enacted Senate Bill (SB) 32 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by 2030; and WHEREAS, former Governor Brown issued Executive Order B-55-18 establishing a statewide target of carbon neutrality by 2045; and WHEREAS, City of San Luis Obispo residents and businesses have repeatedly identified climate action as a top community priority; and WHEREAS, the City of San Luis Obispo City Council has directed staff to evaluate strategies and options to achieve community-wide carbon neutrality by 2035; and WHEREAS, the inventoried greenhouse gas emissions in the City of San Luis Obispo come from a variety of sources, primarily transportation and energy use in buildings and facilities; and WHEREAS, as of January 2020, the community has access to carbon neutral electricity procured by Monterey Bay Community Power; and WHEREAS, the remaining source of greenhouse gas emissions from energy use in buildings will come from the onsite combustion of fossil fuels, primarily natural gas; and WHEREAS, the direct global warming impact of natural gas is considerably higher than previously thought; and WHEREAS, in order to achieve carbon neutrality, new sources of greenhouse gas emissions need to be substantially reduced or eliminated; and WHEREAS, all-electric buildings are operationally carbon neutral; and WHEREAS, Resolution No. 11044 (2019 Series) establishes a “Clean Energy Choice Policy” preference for all-electric buildings and resolves that new buildings in the city shall not cause a net increase in community greenhouse gas emissions as the result of on-site energy use; and WHEREAS, although all-electric buildings are common in the U.S., local and regional developers may be designing their first electric building; and Resolution No. PC-1062-20 (City-Wide) Page 2    WHEREAS, highly efficient electric appliances may require mechanical equipment that projects in the building pipeline may not have planned for; and WHEREAS, local and regional builders have expressed certain design standards as potential obstacles to designing and constructing all-electric buildings; and WHEREAS, minor allowances within Zoning Code Chapter 17.070 (Site Development and General Development Standards) for a specified time period would assist local and regional builders construct all-electric buildings that are in the building pipeline; and WHEREAS, the proposed ordinance is supported by policies in Chapter 9 of the City’s General Plan Land Use Element, specifically Policies 9.4 relating to implementation of the City’s Climate Action Plan and 9.7 relating to the promotion of sustainable design, and Program 9.13 to provide incentives for projects that incorporate sustainable design features; and WHEREAS, the proposed requirements specified in this Ordinance provide temporary incentives to support the initial implementation of the City’s Clean Energy Program and will end on December 31, 2022 to coincide with the next adoption of the City’s Building Code Update; and WHEREAS, the requirements specified in this Ordinance were reviewed via public comment and through a publicly noticed public hearing process; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Planning Commission recommends that the City Council makes the following findings: 1. The proposed amendments to Title 17 will not significantly alter the character of the City or cause significant health, safety, or welfare concerns, since the amendment is consistent with the General Plan and directly implement City goals and policies to facilitate All-Electric buildings and the Clean Energy Choice Program. 2. The proposed amendments to Title 17 are consistent with existing zoning practices by establishing reasonable regulations to authorize the Director of Community Development to act on certain applications on an administrative basis due to the minor nature of a proposed improvement, use of land or allowed deviation from development standards. 3. The proposed amendment to the text of the Zoning Ordinance is consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed allowances to development standards are minor in nature and will and otherwise maintain the existing policies, standards and regulations of the Zoning Resolution No. PC-1062-20 (City-Wide) Page 3    Ordinance. 4. Periodic amendments, updates, and corrections of the Municipal Code are consistent with General Plan Policy to maintain regulations which are effective in implementing policies consistent with the General Plan. 5. The amendment is temporary and includes a sunset date of December 31, 2022. SECTION 2. Environmental Review. The Planning Commission finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the Zoning Amendment contained herein do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3). The amendment to zoning regulations; 1)does not lead to physical improvements beyond those typically exempt; and 2)is not specifically listed as categorical or statutory exemptions but exhibit characteristics similar to one or more specific exemptions; and 3)provides allowances to specific development standards that are minor in nature, for a limited time in the area immediately surrounding and attached to approved structures and existing improvements and is not anticipated to have a significant effect on the environment. The ordinance additionally is categorically exempt from environmental review under the Class 3 exemptions for (1) construction and location of limited numbers of new, small facilities or structures and (2) installation of small new equipment and facilities in small structures (§15303, CEQA Guidelines.) SECTION 3. Recommendation. The Planning Commission does hereby recommend the City Council introduce and adopt an Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code supporting the Clean Energy Choice Program by providing temporary authority to the Community Development Director to grant incentives related to the standards set forth in various sections of Municipal Code Chapter 17.70 (Site Development and General Development Standards) as set forth in Attachment A. Be it further recommended that the Ordinance shall be effective for a limited term beginning July 1, 2020 and concluding December 31, 2022. On motion by Commissioner McKenzie, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioners Jorgensen, McKenzie, Quincey, Vice-Chair Dandekar, and Chair Wulkan NOES: None REFRAIN: None ABSENT: Commissioners Kahn and Stevenson The foregoing resolution was passed and adopted this 26th day of February, 2020. Tyler Corey, Secretary Planning Commission   RESOLUTION NO. PC-1062-2020 ATTACHMENT A CHAPTER 17.70 SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS Add Section 17.70.095 – Incentives related to new all-electric buildings A. Purpose. The purpose of these regulations is to support the City’s Clean Energy Choice program by providing temporary incentives in the application of site development standards, for the provision of all-electric buildings. B. Application. This Section shall apply to new all-electric buildings. C. Standards. Site Development Standards included in this Chapter 17.70 for Accessory Structures; Edge conditions; FAR; Fences, Walls and Hedges; Height Measurement and Exceptions, Hillside Development Standards; Lot Coverage; Mixed Use Development and Setbacks, may be exceeded to the minimum extent deemed necessary to allow for equipment installations or similar improvements to accommodate all-electric buildings. D. The Director may grant incentives to site development standards of this Chapter that are minor in nature without application for Director Action when all of the following circumstances apply: 1. The request directly relates to construction of an all-electric building and may include, but is not limited to, issues such as the installation of mechanical equipment; 2. The request provides the minor flexibility needed to design a project with all-electric buildings and results in better implementation of other Zoning Regulations or General Plan policies while allowing reasonable use of sites; 3. The request is minor in nature and does not have the potential to cause a significant effect on the environment; and 4. The Findings in Section 17.108.040 are met. E. Term. The provisions in this section shall apply to building permits with an application date after July 1, 2020 and prior to December 31, 2022. Amend Section 17.158.006 - A by adding the following: “ALL-ELECTRIC BUILDING” is a building that has no natural gas plumbing installed within the building and that uses electricity as the source of energy for all space heating, water heating, cooking appliances, and clothes drying appliances. An All-Electric Building may be plumbed for   the use of natural gas as fuel for appliances in a commercial kitchen.