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HomeMy WebLinkAbout09-17-2019 Item 05 - Ordinance Adoptions - Reach Code - amendments to energy code and implementing a carbon offset requirement with in lieu fee option Department Name: Community Development Cost Center: 4006 For Agenda of: September 17, 2019 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Director, Community Development Department Prepared By: Chris Read, Sustainability Manager SUBJECT: ADOPTION OF AN ORDINANCE APPROVING LOCAL AMENDMENTS TO THE ENERGY CODE; AND ADOPTION OF AN ORDINANCE IMPLEMENTING A CARBON OFFSET REQUIREMENT WITH AN IN-LIEU FEE OPTION RECOMMENDATION 1. Adopt Ordinance No. 1668 (2019 Series) implementing an Energy Reach Code entitled “Local Amendments to Part 6 (Energy) of the 2019 California Building Code” adding Chapter 15.04.110, entitled “Amendments – California Energy Code”, to the City’s Municipal Code (Attachment A); and 2. Adopt Ordinance No. 1669 (2019 Series) implementing a carbon offset requirement entitled “Clean Energy Choice Program,” adding Chapter 15.50 to the City’s Municipal Code (Attachment B); and DISCUSSION At the September 3, 2019 City Council Public Hearing, staff provided recommendations to achieve Council direction related to greenhouse gas emissions from new buildings in three components, collectively referred to as the Clean Energy Choice Program: 1. A Resolution establishing a “Clean Energy Choice” policy that new buildings should be all- electric and that energy use in new buildings should not cause net additional greenhouse gas emissions. 2. Introduce a “Reach Code” ordinance establishing local amendments to the California Energy Code requiring solar panels on new nonresidential buildings, requiring new buildings with natural gas to be built to a substantially higher performance standard, and requiring new residential buildings with natural gas to include “retrofit ready” requirements (Attachment A). 3. Introduce an ordinance establishing a “Carbon Offset” requirement wherein new buildings with natural gas would be required to offset the proposed natural gas use by directly retrofitting existing buildings, or in-lieu of that, by paying a fee to support a retrofit program implemented by a City partner, such as Community Action Partnership of San Luis Obispo’s Energy Services Program (Attachment B). Also as discussed at the September 3, 2019 Public Hearing, California Public Resources Code Section 25402.1(h)(2) and Section 10-106 of the Building Energy Efficiency Standards establish a process that allows local adoption of energy standards that are more stringent than the Packet Pg. 17 Item 5 statewide standards. Under this process, the California Energy Commission requires any local amendments to the California Energy Code that affect energy use in regulated buildings to be cost effective and use less energy than the standard requirements. In the proposed Clean Energy Choice Program, the City finds that the proposed amendments (increasing building performance requirements for mixed-fuel buildings and requiring solar on nonresidential, high rise hotel, and residential buildings) are “cost effective” and use less energy than the standard state requirements. On September 3, 2019 the City Council voted 4 – 1 (Council Member Stewart voting No) to move forward the suite of staff recommendations, together with the minor amendments recommended in the Agenda Correspondence received from staff on 09-03-2019 as follows: 1. Section 150(n) of the Energy Reach Code entitled “Local Amendments to Part 6 (Energy) of the 2019 California Building Code”. 2. Chapter 15.04.110 of the City’s Municipal Code, entitled “Amendments – California Energy Code”. The two Ordinances are now ready for adoption following their introduction on September 3, 2019. Ordinance 1668 (2019 Series), which adopts and amends the California Energy code, would be effective on January 1, 2020, pending California Energy Commission review. Ordinance 1669 (2019 Series), which creates the Clean Energy Choice offset program, would also be effective on January 1, 2020. The changes provided in the Agenda Correspondence have been incorporated into the final ordinances. Previous Action 1. October 3, 2017, the City Council adopted Ordinance 1639 approving a Development Agreement for the Avila Ranch project including prospective requirements to ensure compliance with any city-wide policy adopted for the purpose of reducing greenhouse gas emissions 2. August 21, 2018, the City Council adopted Ordinance 1649 approving a Development Agreement for San Luis Ranch including prospective requirements to ensure compliance with any city-wide policy adopted for the purpose of reducing greenhouse gas emissions 3. September 18, 2018, City Council unanimously gave staff direction to update the City’s climate action plan, pursue a greenhouse gas emissions reduction target of carbon neutrality by 2035, and review options for avoiding greenhouse gas emissions from energy use in new buildings. 4. November 13, 2018, Council unanimously approved a resolution requesting membership in Monterey Bay Community Power (MBCP). 5. December 5, 2018, MBCP approved the membership request and will begin procuring more affordable and carbon neutral electricity for all electric accounts in the City of San Luis Obispo starting January 2020. 6. February 19, 2019, the City Council unanimously reaffirmed the direction to develop an approach to carbon neutral development. 7. June of 4, 2019, Council unanimously adopted the 2019-21 Financial Plan, including Climate Action as a Major City Goal, and developing local amendments to the 2019 California Energy Code identified in the Major City Goal Work Program as a task to be completed by Fall of 2019. Packet Pg. 18 Item 5 Public Engagement The City conducted a thorough engagement process as outlined in the September 3, 2019 Council Agenda Report. CONCURRENCE The Office of Sustainability, Community Development, Fire Department and Utilities Department concur with the recommendations in this report. ENVIRONMENTAL REVIEW These ordinances are categorically exempt from CEQA because they constitute actions taken by a regulatory agency for the purpose of protecting the environment (CEQA Guidelines Section 15308). In addition, these ordinances are exempt from CEQA under the general rule, 15061(b)(3), on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the activity in question may have a significant effect on the environment. FISCAL IMPACT Budgeted: Yes/No Budget Year: 2019-20 Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $50,000 0$ $0 TBD Total $50,000 $0 TBD Presenting the Clean Energy Choice Program is a 2019-21 Climate Action Major City Goal work task and staff time is included in the 2019-20 budget to develop this proposal, submit to the CEC, and have it in place to begin implementation on January 1, 2020. $50,000 is the estimated amount the program implementation will come from the budgeted resources. The Climate Action Major City Goal also includes $50,000 for developing a building retrofit program. It is anticipated that this program will be developed by 2021. Should Council direct staff to return with additional information on incentives, including staff support, further fiscal analysis would be provided. The proposed incentive program would also have ongoing costs that currently are not budgeted. Fiscal impacts of proposed incentives will be evaluated and presented as part of the implementation plan recommendations, scheduled to return to the City Council on November 5, 2019. Packet Pg. 19 Item 5 ALTERNATIVES Continue consideration of this item. The City Council may continue consideration of the recommendation if more information is needed to make a final decision. Direction should be provided to staff regarding the additional analysis or data needed for the Council to conclude the item. This alternative is not recommended, however, due to the timebound nature of submitting the Energy Reach Code to the California Energy Commission. Attachments: a - Ordinance 1668 (2019 Series) b - Ordinance 1669 (2019 Series) Packet Pg. 20 Item 5 O 1668 ORDINANCE NO. 1668 (2019 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING THE CLEAN ENERGY CHOICE PROGRAM BY AMENDING THE CITY OF SAN LUIS OBISPO BUILDING CODE TO REQUIRE HIGHER ENERGY PERFORMANCE FOR NEWLY CONSTRUCTED STRUCTURES 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 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, 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 will have 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, Public Resources Code Section 25402.1(h)(2) allows more stringent local amendments to the energy conservation provisions in the California Energy Code; and Packet Pg. 21 Item 5 Ordinance No. 1668 (2019 Series) Page 2 O 1668 WHEREAS, the California Statewide Codes and Standards Program, has determined specific modifications to the 2019 State Energy Code for each climate zone that are cost-effective; and that such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code; and WHEREAS, staff has reviewed the “2019 Nonresidential New Construction Reach Code Cost Effectiveness Study” and “2019 Cost-effectiveness Study: Low-Rise Residential New Construction” developed for the California Energy Codes and Standards Program and find them sufficient to illustrate compliance with the requirements set forth under California Administrative Code Chapter 10-106 ; and WHEREAS, based on these studies, the City finds the proposed local amendments to the 2019 California Energy Code that affect building energy performance to be cost-effective and consume less energy than permitted by Title 24, Part 6; and WHEREAS, the 2019 California Energy Code offers compliance options that were established through the public rulemaking process of the code update; and WHEREAS, the Council expressly declares that the proposed amendments to the Energy Code are reasonably necessary because of local climatic, topological, and geological conditions; and WHEREAS, the requirements specified in this Ordinance were reviewed via public comment, through a robust outreach process, and through a publicly noticed public hearing process; and WHEREAS, Resolution No. 11044 (2019 Series) establishes a 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. 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 establish the Clean Energy Choice Program, including standards for new buildings to exceed minimum 2019 Title 24 Part 6 requirements. SECTION 2. Adoption. The 2019 California Building Code, Title 24, Part 6, is hereby adopted by the City of San Luis Obispo with local amendments to be codified under Chapter 15.04 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 Packet Pg. 22 Item 5 Ordinance No. 1668 (2019 Series) Page 3 O 1668 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 amendment 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 therein 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. 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. 2. 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. 3. 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—all of which contribute to the likelihood and consequences of fire. 4. 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 more restrictive requirements than set forth in the California Energy Code for the purpose of reducing the City’s contributions to Greenhouse Gas Emissions resulting in a warming climate and related severe weather events. 5. 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 Packet Pg. 23 Item 5 Ordinance No. 1668 (2019 Series) Page 4 O 1668 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 wastewater 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, more restrictive Energy Code requirements to achieve reduced greenhouse gas emissions are necessary. 6. 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 Andreas 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 potential for collapsing of freeway overpasses or a slide on both the Cuesta 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 of human life and the preservation of property in the event of such an occurrence. 7. 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, San Luis Mountain, 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 to increase the efficiency of new buildings in the City and reduce Green House Gas emissions from Packet Pg. 24 Item 5 Ordinance No. 1668 (2019 Series) Page 5 O 1668 carbon, and support reducing the amount of natural gas distributed and used throughout the City. SECTION 5 CEQA. This ordinance is categorically exempt from CEQA because it is an action taken by a regulatory agency for the purpose of protecting the environment (CEQA Guidelines Section 15308). In addition, this ordinance is exempt from CEQA under the general rule, 15061(b)(3), on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the activity in question may have a significant effect on the environment. The following findings are made in support of these determinations: 1. The purpose of the City’s Clean Energy Choice Policy and the implementation of a Reach Code is to reduce the amount of greenhouse gas emissions in the City of San Luis Obispo that are produced from buildings. 2. All electric buildings constructed in the City of San Luis Obispo consistent with the Clean Energy Choice Policy and implementation of a Reach Code will reduce greenhouse gas emissions, improve indoor air quality, 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. 3. The Reach Code approval process requires that City determine it is cost effective and that the local standards will require buildings to use no more energy than current statewide. Furthermore, the CEC approval process requires that the City make the findings as part of its approval process. Therefore, the Reach Code standards can only go into effect if they protect the environment by making buildings more efficient and in a cost-effective manner. 4. The City’s Clean Choice Energy Program enables property owners and developers to take advantage of a statewide effort to build a clean, efficient, and reliable grid to serve expanding energy needs across the State of California. 5. 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. However, due to the lack of coordinated action or a comprehensive plan to address this threat at a national level, cities and states across the United States must lead the way. 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 Chapter 1.12. SECTION 7. Effective Date. This Ordinance shall be effective as of January 1, 2020. 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 go into effect at the expiration of thirty (30) days after its final passage. Packet Pg. 25 Item 5 Ordinance No. 1668 (2019 Series) Page 6 O 1668 INTRODUCED on the 3rd day of September 2019, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 17th day of September 2019, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon 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, this ______ day of ______________, 2019. ______________________________ Teresa Purrington City Clerk Packet Pg. 26 Item 5 Ordinance No. 1668 (2019 Series) – EXHIBIT A Page A-1 O 1668 Ordinance No. 1668 Exhibit A Section 15.04.110 AMENDMENTS - CALIFORNIA ENERGY CODE A. Adoption of Codes and Applicability. 1. The City of San Luis Obispo hereby adopts the 2019 California Code of Regulations, Title 24, Part 6 (California Energy Code) with local amendments. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified hereinafter. These regulations will be known as the City of San Luis Obispo Energy Reach Code. 2. The effective date of this ordinance shall be January 1, 2020 and is applicable to new construction buildings including those that are built after a demolition. The amendments contained in 15.04.110 do not apply to Additions, Alterations, or Attached Accessory Dwelling Units. 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 are identified below. 3. If a Public Interest Exemption is granted under Municipal Code Section 15.50.060, the entity making the decision shall also determine if that exemption applies to the provisions in 15.04.110. B. Amend Section 100.1(b) by adding the following definitions: 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 cooking appliances in a commercial kitchen. MIXED-FUEL BUILDING is a building that is plumbed for the use of natural gas as fuel for space heating, water heating, cooking or clothes drying appliances. ACCESSORY DWELLING UNIT, DETACHED is an Accessory Dwelling Unit (see City of San Luis Obispo Municipal Code 17.156.004) that provides new residential square footage not attached or sharing any walls with the primary existing single-unit dwelling. ACCESSORY DWELLING UNIT, ATTACHED is an Accessory Dwelling Unit (see City of San Luis Obispo Municipal Code 17.156.004) that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single-unit dwelling unit or existing accessory structure.. Packet Pg. 27 Item 5 Ordinance No. 1668 (2019 Series) Page 2 O 1668 C. Amend Section 140.0(b) to read as follows: (b) The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings): 1. The entire solar zone of newly constructed buildings, as specified in Section 110.10, shall have a solar PV system installed that meets the minimum qualification requirements as specified in Joint Appendix JA11, subject to the exceptions in Section 110.10. D. Amend Section 140.0(c) to read as follows: (c) Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2 for the Climate Zone in which the building will be located. Climate zones are shown in FIGURE 100.1-A. Exception to 140.0(c): Mixed-Fuel buildings shall use the performance compliance approach (energy budgets) specified in Section 140.1 E. Section 140.1 is modified as follows: SECTION 140.1 – PERFORMANCE APPROACH: ENERGY BUDGETS A newly constructed All-Electric Building complies with the performance approach if the energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the energy budget calculated for the Standard Design Building under Subsection (a). A newly constructed Mixed-Fuel Building complies with the performance approach if the energy budget calculated for the Proposed Design Building under Subsection (b) has a compliance margin, relative to the energy budget calculated for the Standard Design Building under Subsection (a), of at least the value specified for the corresponding occupancy type in Table 140.1-A below. Table 140.1-A MIXED FUEL BUILDING COMPLIANCE MARGINS Occupancy Type Compliance Margins Office / Retail 15% Hotel/motel and High-rise residential 9% All other occupancies in buildings with both indoor lighting and mechanical systems 5% All other occupancies in buildings with indoor lighting or mechanical systems but not both 5% (a) Energy Budget for the Standard Design Building. The energy budget for the Standard Design Building is determined by applying the mandatory and prescriptive requirements to the Proposed Design Building. The energy budget is the sum of the TDV energy for space-conditioning, indoor lighting, mechanical ventilation, service water heating, and covered process loads. (b) Energy Budget for the Proposed Design Building. The energy budget for a Proposed Design Building is determined by calculating the TDV energy for the Proposed Design Building. The energy budget is the sum of the TDV Packet Pg. 28 Item 5 Ordinance No. 1668 (2019 Series) Page 3 O 1668 energy for space-conditioning, indoor lighting, mechanical ventilation and service water heating and covered process loads. (c) Calculation of Energy Budget. The TDV energy for both the Standard Design Building and the Proposed Design Building shall be computed by Compliance Software certified for this use by the Commission. The processes for Compliance Software approval by the Commission are documented in the ACM Approval Manual. Note: Authority: Sections 25213, 25218, 25218.5, 25402 and 25402.1, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8, and 25943, Public Resources Code. Exception 1 to 140.1: The following buildings and uses shall comply with the performance approach if the energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the energy budget calculated for the Standard Design Building under Subsection (a): A. Essential Service buildings and public facilities where natural gas is necessary to meet the requirements of other permitting agencies or is demonstrated to be necessary for the purpose of protecting public health, safety and welfare. F. Amend Section 140.2 to read as follows: To comply using the prescriptive approach, a building shall be designed with and shall have constructed and installed systems and components meeting the applicable requirements of Sections 140.3 through 140.9. Note: Authority: Sections 25213, 25218, 25218.5, 25402 and 25402.1, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8, and 25943, Public Resources Code. Exception to 140.2: Mixed-Fuel Buildings, except those buildings and uses identified in Exception 1 to 140.1, shall only use the performance compliance approach (energy budgets) specified in Section 140.1. G. Amend the first two paragraphs of Section 150.0 to read as follows: SECTION 150.0 – MANDATORY FEATURES AND DEVICES Low-rise residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(s). Note: The requirements of Sections 150.0(a) through 150.0(s) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(s) also apply to additions or alterations. H. Add Subsection (5) to Section 150.0(h) to read as follows: 5. Systems using gas space heating equipment shall include the following components: A. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate from possible future operation as cooling equipment. B. For equipment serving individual units, a dedicated 208/240 volt, 30-amp or greater electrical circuit that is able to be connected to the electric panel with Packet Pg. 29 Item 5 Ordinance No. 1668 (2019 Series) Page 4 O 1668 conductors of adequate capacity, terminating within 3 feet from the designated future location of the compressor unit with no obstructions. In addition, all of the following: i. Both ends of the conductor shall be labeled with the word “For Future Heat Pump Space Heater” and be electrically isolated; ii. A double pole circuit breaker in the electrical panel labeled with the words "For Future Heat Pump Space Heater"; and iii. Other electrical components, including conductors, receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Exception to Section 150.0(h)5.B: If a 240 volt 30 amp or greater electrical circuit and compressor unit location exists for space cooling equipment. C. For equipment serving more than one dwelling unit, electric capacity, determined at 240 volts, in the form of raceway and service and subpanel capacity installed with a termination point of no more than 3 feet from each gas outlet. Capacities shall be determined to be sufficient for heat pump space heating equipment to provide the same heat output as the gas equipment. Exception 1 to Section 150.0(h)5: If centralized space cooling equipment is installed for all the affected dwelling units. Exception 2 to Section 150.(h)5: Systems serving Accessory Dwelling Units, Attached to an existing single-family home. I. Amend Section 150.0(n) to read as follows: (n) Water Heating System. 1. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components: A. A dedicated 125 volt, 20 amp receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit, within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following: i. Both ends of the unused conductor shall be labeled with the words “For Future Heat Pump Water Heater” and be electrically isolated; ii. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words "For Future Heat Pump Water Heater"; iii. Other electrical components, including conductors, receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code. NOTE: Appliances shall not be considered “obstructions”. Exception to 150(n)1.A: Systems serving Accessory Dwelling Unit, Attached to an existing single-family home. Packet Pg. 30 Item 5 Ordinance No. 1668 (2019 Series) Page 5 O 1668 B. A Category III or IV vent, or a Type B vent with straight pipe between the outside termination and the space where the water heater is installed; and C. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance, and D. A gas supply line with a capacity of at least 200,000 Btu/hr. E. Located in an area that is both: i. At least 3 feet by 3 feet by 7 feet high; and ii. Has a minimum volume of 760 cubic feet or a ventilation plan that includes the equivalent of one 16 inch by 24 inch grill for warm supply air and one 8 inch duct of no more than 10 feet in length for cool exhaust air. Exception to 150.0(n)1.E: Located in Accessory Dwelling Units, Detached 2. Water heating recirculation loops serving multiple dwelling units shall meet the requirements of Section 110.3(c)5. 3. Solar water-heating systems and collectors shall be certified and rated by the Solar Rating and Certification Corporation (SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing (IAPMO R&T), or by a listing agency that is approved by the Executive Director. 4. Instantaneous water heaters with an input rating greater than 6.8 kBTU/hr (2kW) shall meet the requirements of Section 110.3(c)7. 5. Systems using gas water heaters to serve multiple dwelling units and/or common areas shall: A. Be located in a space that can accommodate a heat pump water heating system of equivalent capacity and performance; and B. Have electrical capacity installed for a heat pump water heater(s) in the form of raceway and service and subpanel capacity, with a termination point of no more than 3 feet from each gas outlet. The electrical capacity shall be determined at 208/240 volts and shall be sufficient to power a heat pump hot water heater of equivalent capacity and performance. Plans shall include calculations and installations for equivalent capacity and performance, electrical power, conductors, raceway sizes and panel capacities in accordance with the California Electrical Code. J. Add Subsection (s) to Section 150.0 to read as follows: (s) Clothes Drying and Cooking. Buildings plumbed for natural gas clothes drying or cooking equipment shall include the following components for each gas terminal or stub out: 1. Clothes Drying. A. A dedicated 208/240-volt, 30 amp or greater electrical receptacle that is able to be connected to the electric panel with conductors of adequate capacity, within 3 feet of the appliance and accessible with no obstructions. In addition, all of the following: Packet Pg. 31 Item 5 Ordinance No. 1668 (2019 Series) Page 6 O 1668 i. Both ends of the conductor shall be labeled with the word “For Future Electric Clothes Dryer” and be electrically isolated; ii A double pole circuit breaker in the electrical panel labeled with the words "For Future Electric Clothes Dryer"; and iii. All electrical components including conductors, receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code. 2. Cooktop or Range A. A dedicated 208/240-volt, 40 amp or greater circuit and 50 amp or greater electrical receptacle that is able to be connected to the electric panel with conductors of adequate capacity, within 3 feet of the appliance and accessible with no obstructions. In addition, all of the following: i. Both ends of the conductor shall be labeled with the word “For Future Electric Range” and be electrically isolated; ii. A double pole circuit breaker in the electrical panel labeled with the words “For Future Electric Range”; and iii. All electrical components, including conductors, receptacles, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. 3. Stand Alone Cooking Oven A. A dedicated 208/240-volt, 20 amp or greater receptacle that is able to be connected to the electric panel with conductors of adequate capacity, within 3 feet of the appliance and accessible with no obstructions. In addition, all of the following: i. Both ends of the conductor shall be labeled with the word “For Future Electric Oven” and be electrically isolated; ii. A double pole circuit breaker in the electrical panel labeled with the words "For Future Electric Oven"; and iii. All electrical components, including conductors, receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code. NOTE: Appliances shall not be considered “obstructions” K. Amend Section 150.1(b) to read as follows: (b) Performance Standards. A building complies with the performance standards if the energy consumption for the Proposed Design Building is no greater than the energy budget calculated for the Standard Design Building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual. Mixed-Fuel Buildings must additionally reach an EDR threshold beyond the Standard Design in order to comply with performance standards. L. Amend Section 150.1(b)1 and 2 to read as follows: 1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings or newly constructed Detached Accessory Dwelling Units is expressed in terms of the Energy Design Rating, which is based on TDV Packet Pg. 32 Item 5 Ordinance No. 1668 (2019 Series) Page 7 O 1668 energy. The Energy Design Rating (EDR) has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The Solar Electric Generation and Demand Flexibility Design Rating shall be subtracted from the Energy Efficiency Design Rating to determine the Total Energy Design Rating. The Proposed Building shall separately comply with the Energy Efficiency Design Rating and the Total Energy Design Rating. A. An All-Electric Building complies with the performance standards if both the Total Energy Design Rating and the Energy Efficiency Design Rating for the Proposed Building are no greater than the corresponding Energy Design Ratings for the Standard Design Building. B. A Mixed-Fuel Building complies with the performance standards if: i. The Energy Efficiency Design Rating of the Proposed Building is no greater than the Energy Efficiency Design Rating for the Standard Design Building; and ii. The Total Energy Design Rating of the Proposed Building is less than the Total Energy Design Rating of the Standard Design Building by at least 9 for a single-family dwelling unit and 9.5 for a multi-family dwelling unit. Exception to Section 150.1(b)1.B.ii. Buildings with limited solar access are excepted if all of the following are true: 1. The Total Energy Design Rating for the Proposed Building is no greater than the Total Energy Design Rating for Standard Design Building; and 2. A photovoltaic (PV) system(s) meeting the minimum qualification requirements as specified in Joint Appendix JA11 is installed on all available areas of 80 contiguous square feet or more with effective annual solar access. Effective annual solar access shall be 70 percent or greater of the output of an unshaded PV array on an annual basis, wherein shade is due to existing permanent natural or manmade barriers external to the dwelling, including but not limited to trees, hills, and adjacent structures; and 3. The Energy Efficiency Energy Design Rating for the Proposed Building is no greater than the respective value for the Standard Design Building by the EDR margin in Table 150.1(b)1 below. Table 150.1(b)1 Energy Efficiency EDR Margins Building Type Energy Efficiency EDR Margin Single Family 2.5 Multifamily 0.5 Exception to Section 150.1(b)1.: A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10- 115, may offset part or all of the solar electric generation system Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual. Packet Pg. 33 Item 5 Ordinance No. 1668 (2019 Series) Page 8 O 1668 M. Amend Section 150.1(c) to read as follows: Prescriptive Standards/Component Package. All-Electric Buildings that comply with the prescriptive standards shall be designed, constructed, and equipped to meet all of the requirements for the appropriate Climate Zone shown in TABLE 150.1-A or B. In TABLE 150.1-A and TABLE 150.1-B, a NA (not allowed) means that feature is not permitted in a particular Climate Zone and a NR (no requirement) means that there is no prescriptive requirement for that feature in a particular Climate Zone. Mixed-fuel buildings shall comply with requirements of section 150.1(b). Installed components for All-Electric Buildings shall meet the following requirements: NOTE: The rest of the Section 150.1(c) applies without modifications but is not reproduced here for brevity. Packet Pg. 34 Item 5 O ______ ORDINANCE NO. 1669 (2019 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, IMPLEMENTING THE CLEAN ENERGY CHOICE PROGRAM BY AMENDING THE MUNICIPAL CODE TO ESTABLISH A CARBON OFFSET PROGRAM FOR 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 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 levels by 2030 and Governor Brown issued Executive Order B-55-18 establishing a statewide target of carbon neutrality by 2045; 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 will have access to receive carbon neutral electricity from 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, Resolution No. 11044 (2019 Series) establishes a 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Packet Pg. 35 Item 5 Ordinance No. 1669 (2019 Series) Page 2 O ______ SECTION 1. Purpose. It is the purpose and intent of this Ordinance to establish the Clean Energy Choice carbon offset program to achieve energy savings and reduce greenhouse gas emissions. SECTION 2. Carbon Offset Program. The City of San Luis Obispo Municipal Code is amended to add new Chapter 15.50 as specified in Exhibit A. SECTION 3. CEQA. This ordinance is categorically exempt from CEQA because it is an action taken by a regulatory agency for the purpose of protecting the environment (CEQA Guidelines Section 15308). In addition, this ordinance is exempt from CEQA under the general rule, 15061(b)(3), on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the activity in question may have a significant effect on the environment. The following findings are made in support of these determinations: 1. The purpose of the City’s Clean Energy Choice Policy and the implementation of a Carbon Offset Requirement is to reduce the amount of greenhouse gas emissions in the City of San Luis Obispo that are produced from buildings. 2. All electric buildings constructed in the City of San Luis Obispo consistent with the Clean Energy Choice Policy and implementation of a Reach Code and Carbon Offset Program will reduce greenhouse gas emissions, improve indoor air quality, 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. 3. The City’s Clean Choice Energy Program enables property owners and developers to take advantage of a statewide effort to build a clean, efficient, and reliable grid to serve expanding energy needs across the State of California. 4. The proposed Carbon Offset Requirement ensures that new buildings subject to the requirement that include natural gas will offset the new use of natural gas by performing a direct retrofit project of an existing building or pay an in-lieu fee to support energy retrofit programs within the City of San Luis Obispo. 5. 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. However, due to the lack of coordinated action or a comprehensive plan to address this threat at a national level, cities and states across the United States must lead the way. Packet Pg. 36 Item 5 Ordinance No. 1669 (2019 Series) Page 3 O ______ SECTION 4. 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 Chapter 1.12. SECTION 5. Effective Date. This effective date of this Ordinance shall be January 1, 2020. INTRODUCED on the 3rd day of September 2019, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 17th day of September 2019, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon 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, this ______ day of ______________, 2019. ______________________________ Teresa Purrington City Clerk Packet Pg. 37 Item 5 Ordinance No. 1669 (2019 Series) – EXHIBIT A Page A-1 O ______ Ordinance No. 1669 Exhibit A Chapter 15.50 CLEAN ENERGY CHOICE PROGRAM Sections: 15.50.010 Purpose. 15.50.020 Definitions. 15.50.030 Applicable building projects. 15.50.040 Carbon offset in lieu fee. 15.50.050 Eligible uses of in lieu fees. 15.50.060 Public Interest Exemption. 15.50.070 Effective date and program review. 15.50.010 Purpose. The purpose of this chapter is to establish and set forth methods of compliance to implement the carbon offset component of the Clean Energy Choice Policy. The City of San Luis Obispo has determined that the reduction of greenhouse gas emissions generally, and the elimination of carbon-based fuels in indoor environments specifically, will reduce harm resulting from the effects of climate change, including severe weather, sea-level rise, infectious disease, and other negative outcomes. Further, electrification of buildings will assist the City in becoming more resilient in the face of these challenges. 15.50.020 Definitions. A. All-Electric Building. 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 cooking appliances in a commercial kitchen. B. Carbon Offset Requirement: The calculated amount of therms that must be offset, in a manner consistent with the provisions of this ordinance, by a new mixed-fuel building before a building permit can be issued. C. Cost per Therm. The amount of the in-lieu fee established by resolution of the City Council representing an average retrofit cost to obtain reductions in per therm use in a fuel switching project. D. Demolition. The act of reconstructing, removing, taking down or destroying all or portions of an existing building or structure, as defined by the City’s Zoning Regulations. E. Fuel Switching Project, or Offset Project. A project to retrofit an existing building from natural gas to electricity as the sole (or exclusive - whichever) fuel source for various purposes including space heating and cooling, water heating, and/or cooking. F. Mixed-Fuel Building. A building that is plumbed for the use of natural gas or propane as fuel for space heating, water heating, cooking or clothes drying appliances. G. Temporary Building. Any building installed with a building permit for a limited term that is specified in a temporary use permit or other conditional approval issued by the Community Development Department. Packet Pg. 38 Item 5 Ordinance No. 1669 (2019 Series) – EXHIBIT A Page A-2 O ______ H. Therms. Unit of measure of the amount of heat energy used to condition a space with natural gas. 15.50.030 Applicable building projects. A. The provisions of this chapter, including the carbon offset requirement, shall apply to the following types of building projects for which a building permit is required: 1. New residential and nonresidential construction of a mixed-fuel building, including reconstruction of a demolished building, and excluding building additions and alterations of any type that do not meet the definition of demolition. B. The following building project types are exempted from the provisions of this chapter: 1. All-electric buildings. 2. The extension of natural gas infrastructure into an industrial building for the purpose of supporting manufacturing processes (i.e. not including space conditioning). 3. Accessory Dwelling Units that are attached to an existing single-family home. 4. Essential Service Buildings including, but not limited to, public facilities, hospitals, medical centers and emergency operations centers). 5. Temporary buildings. 6. Gas line connections used exclusively for emergency generators. 7. Any buildings exempt from the California Energy Code. 8. Residential subdivisions in process of permitting or constructing initial public improvements for any phase of a final map recorded prior to January 1, 2020, unless compliance is required by an existing Development Agreement. 15.50.040 Carbon Offset Requirement. A. This chapter establishes a one to one (1:1) carbon offset requirement for all applicable building project types as defined in Section 15.50.030. B. All new buildings subject to the carbon offset requirement shall offset the projected amount of annualized carbon use in the building, measured in therms, prior to a permit being issued for construction. C. The carbon offset requirement shall be met in one of two ways: 1. Through completion of a fuel switching project at another location within the City; or 2. Through payment of an in-lieu fee equal to the cost per therm multiplied by the annualized amount of therms projected to be used to fuel the building. D. Prior to the effective date of this ordinance, the City Council shall, by resolution, adopt an in-lieu fee and shall establish the dollar cost of offsetting one Therm for the purpose of calculating the in-lieu fee. 1. Projects undertaken to accomplish direct carbon offsets (“fuel switching or offset projects”) shall demonstrate compliance in a report prepared by a qualified professional, to the approval of the Chief Building Official. The report shall calculate the therm reductions created by the offset project and verify that the savings are sufficient to offset the proposed annualized therm use of the building project that is subject to the offset requirement. Packet Pg. 39 Item 5 Ordinance No. 1669 (2019 Series) – EXHIBIT A Page A-3 O ______ E. Projects that opt to meet the carbon offset requirement through payment of an in-lieu fee shall: 1. Provide a preliminary calculation of the in-lieu fee based on the currently published price per therm as part of a complete building permit application. 2. Pay the in-lieu fee in full at the time of building permit issuance. 15.50.050 Carbon Offset In-Lieu Fee Administration. The carbon offset in-lieu fee shall be collected by the Community Development Department as part of the building permit process and shall be reserved in a Clean Energy Choice Program Fund for use by the City for carbon reduction projects and program administration. A. Guidelines for the use of the carbon fund are as follow: 1. Funds may be used to supplement existing funding allocated to building energy efficiency, fuel switching, or similar programs. 2. New or retrofit projects or programs that support low-income households and/or affordable housing shall be given funding priority. 3. Funds shall not be used to supplant funding already allocated to an energy conservation project. 4. Funds should be aligned with the priorities identified in the Climate Action Plan. 15.50.060 Public Interest Exemption. A. Notwithstanding the requirements of this Chapter and the Council’s Clean Energy Choice Policy, and other public health and safety hazards associated with natural gas infrastructure, natural gas may be allowed in a building otherwise subject to the requirements of this ordinance if the authority responsible for entitling or permitting the project makes any of the following findings: 1. That current limitations of electric power infrastructure in the vicinity of the project site make it impossible to serve the project without significant upgrades, such as to transformers or other distribution equipment, that are outside the scope of the proposed project and would render it economically infeasible. 2. The proposed project would result in a de minimis use of natural gas that could be offset in other ways, such as through a sequestration project or other proposal directly tied to the development project. 3. Consistent with the purpose and intent of these regulations, the authority granting approval to a project may permit the use of natural gas without requiring compliance with the offset requirement if it is determined to be necessary to serve public health, safety and welfare. 15.50.070 Effective Date and Program review. A. The provisions of this ordinance shall go into effect on January 1, 2020 or following City Council adoption of administrative guidelines for the program to include the amount of the in-lieu fee, whichever is later. B. The City Council shall review this chapter along with any future local amendments to the California Code of Regulations, Title 24, to ensure consistency of application of this requirement and to determine if any modifications are necessary. Packet Pg. 40 Item 5 2019 "0 CITY CLERK 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 sai newspaper and not in any supplement thereof on the following dates, to -wit: J r fGI� �j� IZ in the year 2019. 1 certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis obis o, ahf rnias, this day 12 of 2019. r Patricia Horton, New Times Legals .A,h,m k N....U'NTA7G Adm iu'NTMG 0[fiwBUSINESS/Pubk NVIi—INWf of Pub Proof of Publication of ORDINANCE NO. 1669' (2019 SERIES) AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, IMPLEMENTING THE CLEAN ENERGY CHOICE PROGRAM BYAMENDINGTHE MUNICIPAL CODETO ESTABLISH A CARBON OFFSET PROGRAM FOR NEW BUILDINGS NOTICE IS HEREBY GIVEN that the City Council at the City of San Luis Obispo, California, at its Regular Meeting of September 3, 2019, introduced the above titled ordinance upon a motion by Vice Mayor Pease, second by Council Member Gomez and on the following roll call vote: AYES: Council Members Christianson and Gomez, Vice Mayor Pease, and Mayor Harmon NOES: Council Member Stewart Ordinance Na. 1669 (2019 Series) — This is a City Ordinance that requires new buildings with natural gas to offsetthe new natural gas use by retrofitting an existing building, or by paying an in -lieu fee, which will support energy efficiency retrofits. Certain buildings would be exempt, and the Ordinance would apply to buildings with building permits submitted on or after January 1, 2020. A Full and complete copy of the aforementioned Ordinance is available for inspection and copy in the City Clerk's Office, located at 990 Palm Street, San Luis Obispo, California, or you may call (805) 781-7100 for more information. NOTICE IS HEREBY Fi1RTHE.tt GIVEN that the City Council of the City of San Luis Obispo will consider adopting the aforementioned Ordinance at its Regular Meeting of September 17, 2019 at 6:00 p.m., which will be held in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California. Teresa Purrington City Clerk September 12, 2019 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 saiq newspaper and not in any supplement thereof on the following dates, to-wit: �Ti�lb (2, in the year 2019. 1 certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, Califor ia, this day 1Z of 2019. Patricia Horton, New Times Legals .A,h.m & Pcn V-NTA1G AdInINNTMG 0llkdB1JSINESS,?.1,1 c Noliccs/1'rwrnr Pub Proof of Publication of v_ Eo S2019 SLS CITY CLERK kir ORDINANCE NO. 1668 (2019 SERIES) AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHINGTHE CLEAN ENERGY CHOICE PROGRAM BY AMENDING THE CITY OF SAN LUIS OBISPO BUILDING CODETO REQUIRE HIGHER ENERGY PERFORMANCE FOR NEWLY CONSTRUCTED STRUCTURES NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, California, at its Regular Meeting of September 3, 2019, introduced the above titled ordinance upon a motion by Vice Mayor Pease, second by Council Member Gomez and on the following roll call vote: AYES: Council Members Christianson and Gomez, Vice Mayor Pease, and Mayor Harmon NOES: Council Member Stewart Ordinance No. 1666 (2019 Series) — This is a City Ordinance that provides local amendments to the 2019 California Energy Code to 1) increase energy performance requirements in new buildings with natural gas, 2) require pre -wiring forfuture electric appliances in new residential buildings; and 3) requires the installation of solar energy, systems on new nonresidential, high-rise residential, and hotel buildings. Certain buildings would be exempt, and the Ordinance would apply to buildings with building permits submitted on or after January 1, 2020. Afull and complete copy ofthe aforementioned Ordinance is availablefor inspection and copy inthe City Clerk's Office, located at 990 Palm Street, San Luis Obispo, California, or you may call (805) 781-7100 for more information. NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of San Luis Obispo will consider adopting the aforementioned Ordinance at its Regular Meeting of September 17, 2019 at 6:00 p.m., which will be held in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California. Teresa Purrington City Clerk September 12, 2019