HomeMy WebLinkAboutItem 6d. Second Reading of Ordinance No. 1717 and 1718 (2022 Series) to Add Chapter 8.10 to Require All-Electric New Buildings and to Amend Title 17 to Provide Limited Term Regulatory Flexibility Item 6d
Department: Administration
Cost Center: 4006
For Agenda of: 7/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Michael Codron, Community Development Director
Prepared By: Chris Read, Sustainability Manager; Lucia Pohlman, Sustainability and
Natural Resources Analyst
SUBJECT: SECOND READING OF ORDINANCE NO. 1717 AND 1718 (2022 SERIES)
INTRODUCED BY THE CITY COUNCIL ON JULY 5, 2022, TO ADD
CHAPER 8.10 TO THE MUNICIPAL CODE TO REQUIRE ALL-ELECTRIC
NEW BUILDINGS AND TO AMEND TITLE 17 TO PROVIDE LIMITED
TERM REGULATORY FLEXIBILITY
RECOMMENDATION
1. Adopt Ordinance No. 1717 (2022 Series) entitled, “An Ordinance of the City Council
of the City of San Luis Obispo, California, amending Title 8 (Health and Safety) of the
San Luis Obispo Municipal Code by adding Chapter 8.10 requiring all -electric new
buildings”; and
2. Adopt Ordinance No. 1718 (2022 Series) entitled, “An Ordinance of the City Council
of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of
the Municipal Code supporting the Clean Energy for New Buildings Program (PL -
CODE-0286-2022)” to provide regulatory flexibility through December 31, 2025 in
support of the Clean Energy for New Buildings Incentive Program.
POLICY CONTEXT
1. Resolution 11159 (2020 Series) adopts the Climate Action Plan for Community
Recovery, includes the goal of carbon neutrality by 2035 , and includes a building
sector goal of zero operational greenhouse gas (GHG) emissions from new buildings.
2. Resolution 11133 (2020 Series) states that, “it is the Policy of the City that new
buildings should be all-electric.”
DISCUSSION
On July 5, 2022, the City Council voted 4 - 0 (Council Member Pease recused) to
introduce Ordinance No. 1717 (2022 Series) and Ordinance No. 1718 (2022 Series).
Ordinance No. 1717 amends Title 8 of the San Luis Obispo Municipal Code by adding
new Chapter 8.10 (All-Electric New Buildings) to require all-electric new buildings with
certain exemptions (Attachment A).
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Item 6d
Ordinance No. 1718 amends Title 17 of the San Luis Obispo Municipal Code in order to
provide limited term regulatory flexibility for all-electric new buildings (Attachment B). The
two ordinances are the core of the Clean Energy Program for New Buildings, which also
includes additional technical assistance, trainings, and ongoing support for access to
incentives. Should Council adopt the ordinances, they would go into effect starting
January 1, 2023.
Public Engagement
The City conducted a thorough engagement process, as outlined in the July 5, 2022
Council Agenda Report.
CONCURRENCE
City Administration and Community Development concur on the contents of this report.
ENVIRONMENTAL REVIEW
Staff’s recommendations are found to be exempt from CEQA under the general rule,
15061(b)(3), because it can be seen with certainty that the provis ions contained herein
would not have the potential for causing a significant effect on the environment. Further,
this ordinance is also exempt from CEQA under the categorical exemptions in Sections
15307 and 15308 of the CEQA Guidelines in that the proposed ordinance would institute
regulatory requirements intended to protect the environment and natural resources.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $59,442 $ $ $
State
Federal
Fees
Other:
Total $59,442 $ $ $
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Item 6d
The two ordinances will be implemented through the development review and/or building
permit review process. The staff time to review projects is already budgeted and is a core
work task of the Community Development Department. The technical assistance
component of the Program is already funded through the end of Fiscal Year 2022-23 with
a total available budget of $59,442. Capacity building trainings and convenings are
available through 3C-REN and staff have already initiated requests for these events,
which will occur at no direct cost to the City.
ALTERNATIVES
1. No Action. The City Council could decide to take no action on the proposed
ordinances that implement the Clean Energy Program for New Buildings. This action
is not recommended because it would prevent the program from going into effect.
2. Continue Discussion. The City Council could continue consideration of this item to
a future date. If the Council chooses this option, direction should be provided to staff
regarding the additional information needed to make a decision on the item.
ATTACHMENTS
A - Ordinance No. 1717 (2022 Series)
B - Ordinance No. 1718 (2022 Series)
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O 1717
ORDINANCE NO. 1717 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8 (HEALTH AND SAFETY)
OF THE SAN LUIS OBISPO MUNICIPAL CODE BY ADDING CHAPTER
8.10 REQUIRING ALL-ELECTRIC NEW BUILDINGS
WHEREAS, greenhouse gas accumulation in the atmosphere as the result of
human activity is the primary cause of the global climate crisis; and
WHEREAS, in California alone, the initial impacts of climate change have resulted
in unprecedented disasters with human, economic, and environmental costs; and
WHEREAS, the Intergovernmental Panel on Climate Change estimates that global
emissions need to be reduced by 45 percent from 2010 levels by 2030, and 100 percent
by 2050 to prevent global catastrophe; and
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
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, Resolution 11159 (2020 Series) adopts the City of San Luis Obispo
Climate Action Plan for Community Recovery, which includes a communitywide goal of
carbon neutrality by 2035 and sector specific goal of n o net new building emissions from
onsite energy use by 2020; 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 clean electricity
procured by Central Coast Community Energy; and
WHEREAS, as of January 2030, Central Coast Community Energy’s electricity
supply will be carbon neutral and procured through direct investments; 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
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Ordinance No. 1717 (2022 Series) Page 2
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WHEREAS, the direct global warming impact of natural gas, which is primarily
composed of methane, is considerably higher than previously thought; and
WHEREAS, between September 1, 2020 and September 1, 2021, the City
received building permits for 121 residential units that could choose between all -electric
and mixed- fuel design and of these units, only 51 (approximately 46 percent) were built
all-electric, a rate that is inconsistent Resolution No. 11159 (2020 Series); and
WHEREAS, new natural gas connections pose substantial health and safety risks
to the community by exacerbating climate change impacts; and
WHEREAS, new natural gas connections pose substantial health and safety
issues due to seismic safety risks, indoor air quality risks, and by exacerbating climate
change impacts; and
WHEREAS, in order to mitigate these risks in support of public health and safety,
new sources of greenhouse gas emissions, in particular natural gas, need to be
eliminated; and
WHEREAS, Resolution No. 11133 (2020 Series) establishes a policy preference
for all-electric buildings and Resolution No. 11159 (2020 Series) resolves that there shall
be “no net new building emissions from onsite energy use b y 2020”; and
WHEREAS, California Constitution Article XI, Section 7 and Section 501 of the
City Charter establish the City’s authority to make and enforce within its limits ordinances
and regulations not in conflict with the constitution and laws of the State of California; and
WHEREAS, the Council expressly declares that this proposed Ordinance is
reasonably necessary to protect public health and safety; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public
comment, through a robust outreach process; and
WHEREAS, on February 1, 2022, the City Council held a study session and
provided direction to City Staff to conduct further outreach a nd to develop code
amendments; and
WHEREAS, on June 8, 2022, the Planning Commission received an informational
presentation on the proposed ordinance and provided feedback; and
WHEREAS, on June 22, 2022, the Planning Commission received adopted
Resolution PC-1063-2022 recommending that the City Council adopt regulatory flexibility
incentives; and
WHEREAS, on July 5, 2022, the City Council conducted a duly noticed Public
Hearing to consider testimony and input on the proposed ordinance.
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Ordinance No. 1717 (2022 Series) Page 3
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Purpose. It is the purpose and intent of this Ordinance to update the
Clean Energy Program for New Buildings to protect public health and safety by requiring
all new buildings to be all-electric.
SECTION 2. Action. The Ordinance is hereby adopted by the City of San Luis
Obispo to be codified under Chapter 8.10 as specified in Exhibit A. The Council hereby
adopts the recitals herein as separate and additional findings of fact in support of adoption
of the Ordinance.
SECTION 3. Severability. If any word, phrase, sentence, part, section, subsection
or other portion of this amendment or any application thereof to any person or
circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the prescribed application
thereof, shall be severable, and the remaining provisions of this amendment, and all
applications thereof, not having been declared void, unconstitutional or invalid, shall
remain in full force and effect. The City of San Luis Obispo hereby declares that it would
have passed this Ordinance and each section, subsection sentence, clause, and phrase
of this amendment, irrespective of the fact that any one or more sections, subsection,
sentences, clauses, or phrases is declared invalid or unconstitutional.
SECTION 4. Findings. The City Council finds that each of the changes or
modifications to measures referred to herein are reasonably necessary because of local
climatic, geological, or topographical conditions in the area encompassed by the
boundaries of the City of San Luis Obispo, and the City Council adopts the following
findings in support of local necessity for the changes or modifications:
1. Scientific evidence has established that natural gas combustion, extraction,
and transportation produce significant greenhouse gas emissions that
contribute to global warming and climate change.
2. As a city located on the California Central Coast, San Luis Obispo is vulnerable
to the effects of sea level rise and resultant flooding within the San Luis Creek
watershed, and human activities releasing greenhouse gases into the
atmosphere cause increases in worldwide average temperature, which
contribute to melting of glaciers and thermal expansion of ocean water –
resulting in rising sea levels.
3. San Luis Obispo is already experiencing the repercussions of excessive
greenhouse gas emissions as rising sea levels and severe weather events
threaten the City’s nearby shoreline and infrastructure and cause significant
erosion leading to infrastructure failures including the Mud Creek slide resulting
in closure of Highway 1 for repairs, and economic impacts to surrounding
communities.
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4. San Luis Obispo is situated along a wildland -urban interface and has been
identified as a Community at Risk from wildfire and is extremely vulnerable to
wildfires and firestorms, and human activities releasing greenhouse gases into
the atmosphere cause increases in worldwide average temperature, drought
conditions, vegetative fuel, and length of fire seasons—contributing to the
likelihood and consequences of fire.
5. The City of San Luis Obispo is situated at the base of a watershed of the Santa
Lucia Mountains and flooding of San Luis, Chorro, Stenner, Old Garden, and
Brizzolara Creeks results in conditions rendering fire department vehicular
traffic unduly burdensome or impossible, as witnessed in major floods that
occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood
conditions described above create the potential for overcoming the ability of the
fire department to aid or assist in fire control, evacuations, rescues, and other
emergency task demands inherent in such situations. The resulting
overburdening of fire department personnel may cause a substantial or total
lack of protection against fire for the buildings and structures located in the City
of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State
Building Standards Code and, in particular, support the imposition of new
development requirements for purpose of reducing the City’s contributions to
Greenhouse Gas Emissions resulting in a warming climate and related severe
weather events.
6. The aforementioned flood and rain events result in conditions wherein
stormwater can inundate the wastewater treatment system as witnessed in
major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, rain events and flood conditions described above create a
condition referred to as Inflow and Infiltration (I/I) that allow rain and flood
waters to flow and/or seep into the wastewater system and overcome the ability
of the wastewater collection system and Water Reclamation Facility (WRF) to
convey and treat sewage. The resulting overburdening of the wastewat er
system can result in threats to public health, public and private property and
water quality and violations and fines from the State of California, the
Environmental Protection Agency (EPA) or others. To the extent that climate
change has the potential to make these conditions worse, requirements to
achieve reduced greenhouse gas emissions are necessary.
7. The City of San Luis Obispo is situated near three major faults each capable of
generating earthquakes with a magnitude of 7.5. These are the San Andrea s
to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north
of the City then parallels the City to the east, and the Hosgri to the West. Other
faults of importance are the Huasna and West Huasna to the Southeast of the
City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are
included as major California earthquake faults, which are subject to becoming
active at any time, the City of San Luis Obispo is particularly vulnerable to
devastation should such an earthquake occur. The potential effects include
isolating the City of San Luis Obispo from the North and South due to the
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potential for collapsing of freeway overpasses or a slide on both the Cue sta
and Ontario Grades and the potential for horizontal or vertical movement of the
Edna fault rendering surface travel across the southern extremities of the city
unduly burdensome or impossible. Additional potential situations inherent in
such an occurrence include loss of the City's two main water sources (the
Salinas and Whale Rock reservoirs), broken natural-gas mains causing
structure and other fires, leakage of hazardous materials, the need for rescues
from collapsed structures, and the demand for first aid and other medical
attention to large numbers of people. As a result, the City is pursuing a policy
to discourage additional natural gas extensions and the related, expanded risk
of gas leaks and explosions during seismic events for the protection o f human
life and the preservation of property in the event of such an occurrence.
8. That seasonal climatic conditions during the late summer and fall create
numerous serious difficulties in the control and protection against fire situations
in the City of San Luis Obispo. The hot, dry weather in combination with Santa
Lucia (offshore) winds frequently results in wildland fires in the brush -covered
slopes on the Santa Lucia Mountains, Morros, and the Irish Hills areas of the
City of San Luis Obispo. The aforementioned areas surround the City. When a
fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire
burned six days and entered the City and damaged many structures, the
entirety of local fire department personnel is required to control, monitor, fight
and protect against such fire situations in an effort to protect life and preserve
property and watershed land. The same climatic conditions may result in the
concurrent occurrence of one or more fires in the more populated areas of the
City without adequate fire department personnel to protect against and control
such a situation. Therefore, the above -described findings support the
imposition of measures reduce greenhouse gas emissions from carbon, and
support reducing the amount of natural gas distributed and used throughout the
City.
9. As described in the City of San Luis Obispo Climate Action Plan for Community
Recovery (2020), rapid actions are required to limit global warming and the
resulting environmental threat posed by climate change, including a policy that
calls for no net new emissions from new buildings. Actions that limit methane,
which is the primary component of natural gas, can slow the rate of climate
change and mitigate the related impacts.
10. Natural gas combustion and gas appliances emit a wide range of air pollutants,
such as carbon monoxide (CO), nitrogen oxides (NOx, including nitrogen
dioxide (NO2)), particulate matter (PM), and formaldehyde, which according to
a UCLA Study, have been linked to various acute and chronic health effects,
and additionally exceed levels set by national and California -based ambient air
quality standards. Therefore, the above-described findings support the
imposition of measures to eliminate natural gas infrastructure in new buildings
and development.
11. All-electric new buildings benefit the health, safety, and welfare, of San Luis
Obispo and its residents.
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Ordinance No. 1717 (2022 Series) Page 6
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SECTION 5. Environmental Determination. This Ordinance was assessed in
accordance with the authority and criteria contained in the California
Environmental Quality Act (CEQA) and CEQA Guidelines, and is found to be
exempt from CEQA under the general rule, CEQA Guidelines Section 15061(b)(3),
because it can be seen with certainty that the provisions contained herein would
not have the potential for causing a significant effect on the environment. Further,
this ordinance is also exempt from CEQA under the categorical exemption s in
Sections 15307 and 15308 of the CEQA Guidelines in that the proposed Ordinance
would institute regulatory requirements intended to protect the environmen t and
natural resources, as the Ordinance will require the installation of less natural gas
infrastructure and reduce the amount GHG gas emissions in the City that are
produced form buildings, and reduce the risk of catastrophic infrastructure failure,
including explosions and fires caused by breaks and leaks in the natural gas
distribution system as a result of upset conditions due to deferred maintenance or
following an earthquake.
SECTION 6. Violations. Violation of the requirements of this Ordinance shall be
considered an infraction of the City of San Luis Obispo Municipal Code, punishable by all
the sanctions prescribed in Chapters 1.12 and 1.24.
SECTION 7. Effective Date. This Ordinance shall be effective as of January 1,
2023.
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SECTION 8. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
Ordinance shall be effective as of January 1, 2023.
INTRODUCED on the 5th day of July 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 20 22, on the following
vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Ordinance No. 1717 (2022 Series) Page 8
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Exhibit A
Chapter 8.10
ALL-ELECTRIC NEW BUILDINGS
8.10.010 PURPOSE AND INTENT
The purpose of this chapter is to prohibit the installation of new natural gas infrastructure
to ensure that new buildings and associated uses:
A. Are consistent with Resolution No. 11133 (2020 Series) stating that, “It is the policy
of the City that new buildings should be all-electric”;
B. Implement Resolution No. 11159 (2020 Series) resolving that there shall be “no
net new building emissions from onsite energy use by 2020”;
C. Implement the Climate Action Plan for Community Recovery and the associated
goal of communitywide carbon neutrality by 2035;
D. Protect public health and safety by avoiding issues related to seismic safety risk,
indoor air quality risk, and impacts associated with climate change.
8.10.020 APPLICABILITY AND EFFECTIVE DATE
A. The effective date of this ordinance shall be January 1, 2023.
B. The provisions contained in Chapter 8.10 are applicable to Newly Constructed
Buildings, including those that are built after a demolition, whose Building Permit
applications have been submitted on or after January 1, 2023.
C. The provisions contained in Chapter 8.10 do not apply to Additions or Alterations.
Residential subdivisions in process of permitting or constructing initial public
improvements for any phase of a final map recorded prior to January 1, 2020 , are
exempt, unless compliance is required by an existing Development Agreement.
Additional exemptions and exceptions to this Chapter are identified in Sections for
outdoor cooking and heating.
D. This Chapter shall in no way be construed as amending California Energy Code
requirements under California Code of Regulations, Title 24, Part 6, nor as
requiring the use or installation of any specific appliance or system as a condition
of approval.
8.10.030 DEFINITIONS
The following words and phrases, whenever used in this Chapter, shall have the
meanings defined in this section unless the context clearly requires otherwise:
A. “ACCESSORY DWELLING UNIT” means an Accessory Dwelling Unit as defined
in City of San Luis Obispo Municipal Code Section 17.156.004.
B. “ALL-ELECTRIC BUILDING” means 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.
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C. “COMMERCIAL KITCHEN EQUIPMENT” means equipment intended for use in
“Eating and Drinking Establishments,” including but not limited to commercial
cooking appliances (see California Fire Code, Chapter 2, Definitions) domestic
cooking appliances, and high-capacity dishwashers,
D. “CRITICAL FACILITIES” means a facility that is critical for the health and welfare
of the population and is especially important following hazard events. Critical
facilities include essential facilities, transportation systems, lifeline utility systems,
high potential loss facilities and hazardous material facilities.
E. “EATING AND DRINKING ESTABLISHMENTS" means businesses primarily
engaged in serving prepared food and/or beverages for consumption on or off the
premises as defined in the San Luis Obispo Municipal Code 17.156.012.
F. "MANUFACTURING AND INDUSTRIAL FACILITY" means a building with the
occupancy classification as defined in the California Building Code, Chapter 3,
Section 306, Group F.
G. “MIXED-FUEL BUILDING” means a building that is plumbed for the use of natural
gas as fuel for space heating, water heating, cooking or clothes drying appliances.
H. “NATURAL GAS INFRASTRUCTURE” means natural gas or fuel gas piping, other
than service pipe, in or in connection with a building, structure or within the property
lines of premises, extending from the point of delivery at the gas meter as specified
in California Plumbing Code and Mechanical Code.
I. “NEW LY CONSTRUCTED BUILDING” means a building or space that has never
been used or occupied for any purpose.
J. "PROCESS" means an activity or treatment that is not related to the space
conditioning, lighting, service water heating, or ventilating of a building as it relates
to human occupancy.
K. "PROCESS LOAD" means an energy load resulting from a Process.
8.10.040 ALL-ELECTRIC NEW BUILDINGS REQUIREMENT
A. All Newly Constructed Buildings shall be All-Electric Buildings. Natural Gas
Infrastructure is prohibited in Newly Constructed Buildings and in onsite systems
related to Newly Constructed Buildings.
B. The requirements of this Section shall be deemed objective planning standards
under Government Code section 65913.4 and objective development standards
under Government Code Section 65589.5.
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8.10.050 TECHNICAL EXEMPTIONS
A. Notwithstanding Section 8.10.040, for purposes of this Section, provision of
Natural Gas Infrastructure for certain end uses is allowed when no all-electric
alternative is commercially available or viable. End uses eligible for technical
exemptions are:
a. Back-up power for Critical Facilities necessary to protect public health
or safety in the event of an electric grid outage.
b. Process Loads in a Newly Constructed Manufacturing and Industrial
Facility. For a Manufacturing and Industrial facility with unknown future
tenants, an exemption may be provided that allows the extension of
Natural Gas Infrastructure into the building at time of construction to
support future process loads.
B. Notwithstanding Section 8.10.040, for purposes of this Section, provision of
Natural Gas Infrastructure for certain end uses is allowed through December
31, 2025 when no all-electric alternative is commercially available or viable.
End uses eligible for technical exemptions are:
a. Commercial Kitchen Equipment in a Newly Constructed Eating and
Drinking Establishment.
b. Water heating or space heating in a newly constructed attached
Accessory Dwelling Unit in which new services are provided by systems
from an existing mixed fuel building.
c. A swimming pool that is provided as a public amenity.
C. Concurrent with the Building Permit application, p roject applicants seeking a
technical exemption as identified in 8.10.050A and 8.10.050B must submit an
exemption application to the Community Development Director for approval.
The submittal must include a description of how the purpose and intent of this
Chapter, as outlined in 8.10.010, is addressed to the maximum extent feasible.
The Director's decision shall become a condition of the development or building
permit issued for the project.
8.10.060 PUBLIC INTEREST EXEMPTION
A. Notwithstanding the requirements of this Chapter and the Council's Clean
Energy Program for New Buildings, and other public health and safety hazards
associated with Natural Gas Infrastructure, minimally necessary and
specifically tailored Natural Gas Infrastructure may be allowed in a building
otherwise subject to the requirements of this Chapter if the Community
Development Director makes all of the following findings:
a. The physical site conditions, necessary operational requirements, or the
public health or safety risks in the event of an electric grid outage make
it infeasible to meet the requirements of this Chapter.
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b. The project meets the City’s adopted sustainability and environmental
policies and is consistent with Purpose and Intent of this Chapter, as
outlined in 8.10.010.
c. The project has mitigated adverse health, safety, or general welfare
impacts as they relate to new Natural Gas Infrastructure to persons
residing or working on the site or in the vicinity to the greatest extent
feasible.
d. The grant of an exemption pursuant to this Section will not constitute a
grant of special privilege—an entitlement inconsistent with the
limitations upon other similarly situated properties in the vicinity with the
same zoning.
B. Concurrent with the Building Permit application, project applicants seeking a
public interest exemption as identified in 8.10.060A must submit an exemption
application to the Community Development Director for approval. The burden
shall be on the applicant to demonstrate the grounds for an exemption and the
submittal must include sufficient evidence for the Community Development
Director to make the findings required in 8.10.060A. The Director's decision
shall become a condition of the development or building permit issued for the
project.
18.10.070 IMPLEMENTATION AND ENFORCEMENT
A. In addition to any other remedy authorized by this code, any violation of the
provisions of this chapter is considered an infraction of the City of San Luis Obispo
Municipal Code, punishable by all the sanctions prescribed in Chapter s 1.12 and
1.24.
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O 1718
ORDINANCE NO. 1718 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE IN SUPPORT OF THE
CLEAN ENERGY PROGRAM FOR NEW BUILDINGS (PL-CODE-0286-
2022)
WHEREAS, greenhouse gas accumulation in the atmosphere as the result of
human activity is the primary cause of the global climate crisis; and
WHEREAS, in California alone, the initial impacts of climate change have resulted
in unprecedented disasters with tremendous human, economic, and environmental costs;
and
WHEREAS, the Intergovernmental Panel on Climate Change estimates that global
emissions need to be reduced by 45 percent from 2010 levels by 2030, and 100 percent
by 2050 to prevent global catastrophe; and
WHEREAS, the State of California enacted Senate Bill (SB) 32 to require
greenhouse gas emissions to be reduced to 40 percent below 1990 lev els by 2030 and
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, Resolution 11159 (2020 Series) adopts the City of San Luis Obispo
Climate Action Plan for Community Recovery, which includes a communitywide goal of
carbon neutrality by 2035 and sector specific goal of n o net new building emissions from
onsite energy use by 2020; 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 clean electricity
procured by Central Coast Community Energy and as of January 2030, Central Coast
Community Energy’s electricity supply will be carbon neutral and procured through direct
investments; 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, which is primarily
composed of methane, is 86 times higher carbon dioxide over a twenty-year period; and
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WHEREAS, new natural gas connections pose substantial health and safety risks
to the community by exacerbating climate change impacts , introducing natural gas
infrastructure hazards, and generating indoor air pollution from natural gas combustion;
and
WHEREAS, in order to mitigate these risks in support of public health and safety,
new sources of greenhouse gas emissions need to be substantially reduced or
eliminated; and
WHEREAS, Resolution No. 11133 (2020 Series) establishes a policy preference
for all-electric buildings and Resolution No. 11159 (2020 Series) resolves that there shall
be “no net new building emissions from onsite energy use by 2020”; and
WHEREAS, although all-electric buildings are common in the U.S., local and
regional developers may be designing their first electric building; and
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 amendments within Municipal Code Section 17.70.095
(Incentives related to new all-electric buildings) would assist local and regional builders
with constructing all-electric buildings that are in the building pipeline; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public
comment and through a publicly noticed public hearing process; and
WHEREAS, on February 1, 2022, the City Council held a study session and
provided direction to City Staff to conduct further outreach and to develop code
amendments; and
WHEREAS, on June 8, 2022, the Planning Commission received an informational
presentation on the proposed ordinance and provided feedback; and
WHEREAS, on June 22, 2022, the Planning Commission adopted Resolution PC-
1063-2022 recommending that the City Council adopt regulatory flexibility incentives; and
WHEREAS, on July 5, 2022, the City Council conducted a duly noticed Public
Hearing to consider testimony and input on the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
Page 82 of 753
Ordinance No. 1718 (2022 Series)
O 1718
SECTION 1. Findings. Based upon all the evidence, 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 for New Buildings 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 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,
2025.
SECTION 2. Environmental Determination. The proposed code amendment has
been assessed in accordance with the authority and criteria contained in the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental
regulations of the City. Specifically, the proposed amendment has been determined to be
exempt from further environmental review pursuant to CEQA Guidelines Section
15061(b)(3) because the activity is covered by the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment,
and it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. The ordinance additionally is
categorically exempt from environmental review un der 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.) Specifically, the amendment to zoning regulations; 1) does not lead to
physical improvements beyond those typically exempt; and 2) is not specifically listed as
a categorical or statutory exemption but exhibits characteristics similar to one or more
specific exemptions; and 3) provide s allowances to specific development standards that
are minor in nature 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.
Page 83 of 753
Ordinance No. 1718 (2022 Series)
O 1718
SECTION 3. Action. Title 17 (Zoning Regulations) of the Municipal Code is hereby
amended to support the Clean Energy Program for New Buildings 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) and to refine the definition of “All-
Electric Building” in Chapter 17.158 as set forth in Exhibit A. Be it further recommended
that the Ordinance shall be effective for a limited term beginning January 1, 2023 and
concluding December 31, 2025.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. The
Ordinance shall be effective for a limited term beginning January 1, 2023 and concluding
December 31, 2025.
INTRODUCED on the 5th day of July 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 20 22, on the following
vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington, City Clerk
Page 84 of 753
Ordinance No. 1718 (2022 Series)
O 1718
Exhibit A
CHAPTER 17.70 SITE DEVELOPMENT AND GENERAL DEVELOPMENT
STANDARDS
Amend Section 17.70.095.A to read as follows:
A. Purpose. The purpose of these regulations is to support the city’s Clean Energy
Choice for New Buildings Program by providing temporary incentives in the
application of site development standards, for the provision of all-electric
buildings.
Amend Section 17.70.095.C to read as follows:
C. Standards. Site development standards included in this chapter for accessory
structures; edge conditions; FAR; fences, walls and hedges; height measurement
and exceptions; hillside development standards; lot coverage; mixed -use
development; parking requirements; and setbacks may be exceeded to the
minimum extent deemed necessary to allow for equipment installations or similar
improvements to accommodate all-electric buildings.
Amend Section 17.70.095.E to read as follows:
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 2025. (Ord.
1685 1718 § 3 (Exh. A (part)), 2020 2022)
CHAPTER 17.158 GENERAL DEFINITIONS
Amend Section 17.158.006 - A to read as follows:
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.
Page 85 of 753
Page 86 of 753
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, Stare of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2022
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated a San Luis Obispo, alifornia, this day
pof 2022.
Patricia Horton, New Times Legals
Proof of Publication of
0SAN LUIS OBISPO
CITY COUNCIL
ORDINANCE NO. 1717
� a (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA. AMENDING
TITLE 8 (HEALTH AND SAFETY) OF THE SAN LUIS
OBISPO MUNICIPAL CODE BY ADDING CHAPTER
8.10 REQUIRING ALL -ELECTRIC NEW BUILDINGS
NOTICE IS HEREBY GIVEN that the City Council of
the City of San Luis Obispo, California, at its Regular
Meeting of July 5, 2022, introduced the above
titled ordinance upon a motion by Vice Mayor
Christianson, second by Council Member Marx,
and on the following roll call vote:
AYES: Council Member Marx, Shoresman,
Vice Mayor Christianson,
and Mayor Stewart
RECUSED: Council Member Pease
Ordinance No 1717 (2022 Series): This is a City
Ordinance to amend Title 8 (Health and Safety) of
the City of San Luis Obispo Municipal Code to add
Chapter 8.10 WI -Electric New Buildingsl to prohibit
the installation of new natural gas infrastructure
and require all -electric new buildings starting
January 1, 2023.
A full and complete copy of the aforementioned
Ordinance is available for inspection as part of
the published agenda packet for the July 19, 2022
Council Meeting, or you may call (805) 781-7100 for
more information.
NOTICE IS HEREBY GIVEN that the City Council of
the City of San Luis Obispo will consider adopting
the Ordinance at its Regular Meeting of July 19,
2022 at with Closed Session at 5:00 p.m. and the
Regular Meeting beginning at 6:00 p.m. in the
Council Chambers at City Hall, 990 Palm Street,
San Luis Obispo. The City Council meeting will be
televised live on Charter Cable Channel 20 and live
streaming on the City's YouTube channel htto://
voutube.slo.city.
Teresa Purrington
City Clerk
July 14, 2022
Adao3 Rnenilhli PMG AAMn/NTMG OffceltlU5ME55/Pobliu eeieni V,onlxf Pub
,J
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dares, to -wit:
in the year 2022
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Datedlat,San Luis Obispo, alifornia, this day
'4'^�1/ w// of 5�� 2022.
I L(/V1!�
Patricia Horton, New Times Legals
Proof of Publication of
SAN LUIS OBISPO
CITY COUNCIL
ORDINANCE NO. 1718
(0 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE
17 IZONING REGULATIONSI OF THE MUNICIPAL CODE
SUPPORTING THE CLEAN ENERGY FOR NEW BUILDINGS
PROGRAM (PL-CODE-OM-eon)
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
July 5, 2022, introduced the above titled ordinance upon
a motion by Vice Mayor Christianson, second by Council
Member Marx, and on the following roll call vote:
AYES: Council Member Mart, Shoresman,
Vice Mayor Christianson, and Mayor Stewart
RECUSED: Council Member Pease
Ordinance Na 171812022 Ser'esl: This is a City Ordinance
to amend City of San Luis Obispo Municipal Code Title
17 (Zoning Regulations(, Section 17.70.095 (Incentives
related to new all -electric buildings), to modify the type of
temporary flexibility in the application of site development
standards for the provision of ail -electric buildings
and extend the term of the Ordinance to December 31,
2025, and amend Chapter 17.158 (General Definitions)
definition for an all -electric building, with an exemption
from Environmental Review (CEOA). (Project Address:
Citywide; Case g: COOE-07E6-2022: City of San Luis
Obispo, owner/applicant)
A full and complete copy of the aforementioned Ordinance
is available for inspection as part of the published agenda
packet for the July 19, 2022 Council Meeting, or you may
call (8051781-7100 for more information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance at
its Regular Meeting of July 19, 2022 at with Closed Session
at 5MO p.m. and the Regular Meeting beginning at 6:00
p.m. in the Council Chambers at City Hall, 990 Palm Street,
San Luis Obispo. The City Council meeting will be televised
live on Charter Cable Channel 20 and live streaming on the
City's YouTube channel haplivoutubeso.city,
Teresa Purrington
City Clerk
July 14, 2022
MAm,&ne a1-NTMG A4mI TMG OFce/BV9NGSa/I'ub�iWo,i¢s/Nooro(1\,F