HomeMy WebLinkAboutItem 05 - Second Reading of Ordinance No. 1684 & 1685 (2020 Series) implementing an Energy Reach Code and a Clean Energy Choice Incentive Program
Department Name: Community Development
Cost Center: 4006
For Agenda of: July 7, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Director, Community Development Department
Prepared By: Chris Read, Sustainability Manager
Teresa McClish, Special Projects Manager
SUBJECT: SECOND READING OF ORDINANCE NO. 1684 AND 1685 (2020 SERIES)
INTRODUCED BY THE CITY COUNCIL ON JUNE 16, 2020, TO ADD
LOCAL AMENDMENTS TO THE ENERGY CODE IN TITLE 15 AND TO
AMEND TITLE 17 TO PROVIDE LIMITED TERM REGULATORY
FLEXIBILITY TO SUPPORT ALL-ELECTRIC NEW BUILDINGS
RECOMMENDATION
1. Adopt Ordinance No. 1684 (2020 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. 1685 (2020 Series) implementing regulatory flexibility through
December 31, 2022 in support of the Clean Energy Choice Incentive Program (Attachment
B); and
3. Direct staff to submit the approved local amendments and accompanying required submittal
forms and information to the California Energy Commission to initiate the local amendments
to California Energy Code review and approval process.
DISCUSSION
On June 16, 2020, the City Council voted 4 – 0 (Council Member Pease recused) to re-introduce
Ordinance No. 1684 and introduce Ordinance No. 1685 (2020 Series), which amend Titles 15
and 17 respectively of the City’s Municipal Code, adding local amendments to the California
Energy Code and amendments to the City’s Zoning Code in order to provide limited term
regulatory flexibility for all-electric new buildings. The Ordinances were considered together
with a Resolution that was re-adopted to establish 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. Also included in Council’s consideration are Clean Energy
Choice program incentives outlining technical support, financial support, and communication
support. Finally, the Council directed staff to monitor program progress and return in June 2021
for deliberation and consideration of a carbon offset program that would comprise the final
component collectively referred to as the Clean Energy Choice Program for New Buildings.
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Previous Council Action and Policy Context
Previous Council Action and Policy Context are described in detail in the June 16, 2020 Council
Agenda Report that is also inclusive of the September 3, 2019 Council Agenda Report
(Attachment C). The two ordinances proposed for adoption were introduced on June 16, 2020.
Public Engagement
The City conducted a thorough engagement process as outlined in the June 16, 2020 Council
Agenda Report (Attachment C).
CONCURRENCE
The Office of Sustainability, Community Development, Fire Department, and Utilities
Department concurs with the recommendations in this report.
ENVIRONMENTAL REVIEW
The Clean Energy Choice Program for New Buildings 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.
As supported by the 2019 Statewide Cost Effectiveness Studies, the Clean Energy Choice
Program ordinances affect building energy performance to be cost-effective and consume less
energy than permitted by Title 24, Part 6 and results in lower energy use. Further, the studies
demonstrate that the ordinances would not result in an increase in the cost to develop housing.
Additionally, the ordinances are expected to have a net benefit to the environment through the
reduction in GHG emissions. The ordinances are limited in application to the construction of
new buildings. The proposed Clean Energy Choice Program for New Buildings is supported by
PG&E and there is no evidence that the electrical grid would be negatively impacted or that any
effects on the electrical grid would impact public safety. Given that the State has a directive to
go carbon neutral by 2045, the ordinances also fit within the statewide framework toward
decarbonization that is already underway.
The ordinance to provide regulatory flexibility is additionally categorically exempt from
environmental review under the Class 3 exemptions for (1) construction and location of limited
numbers of new small facilities or structures (2) installation of small new equipment and
facilities in small structures (15303 CEQA Guidelines).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes/No
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Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $50,000 TBD
Total $50,000 TBD
The Clean Energy Choice Program for New Buildings is a 2019-21 Climate Action Major City
Goal work task that is identified to be continued as responsive to the Economic Recovery Meta
Goal and funding and staff resources are allocated in the 2020-21 budget. For next steps, staff
will submit to the CEC and have the program ready for implementation, anticipated September 1,
2020. The $50,000 figure presented in the Fiscal Analysis Table, above, represents encumbered
funds for the technical support component of the Clean Energy Choice Incentive Program.
ALTERNATIVES
1. No Action. The City Council could decide to take no action on the proposed ordinances that
implement the Clean Energy Choice 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. 1684 (2020 Series)
b - Ordinance No. 1685 (2020 Series)
c – COUNCIL READING FILE – Council Agenda Report dated June 16, 2020
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ORDINANCE NO. 1684 (2020 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
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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. 11133 (2020 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; and
WHEREAS, a first reading of Ordinance 1668 (2019 Series) to establish local
amendments to the California Building Code was approved by Council, but the ordinance was not
adopted.
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.
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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, sectio n,
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 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- contributing 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.
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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 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
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to increase the efficiency of new buildings in the City and reduce Green House Gas
emissions from 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 September 1, 2020.
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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 go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 16th day of June 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _____ day of _____ 2020, 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, on _____________________.
______________________________
Teresa Purrington
City Clerk
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Ordinance No. 1684 (2020 Series) – EXHIBIT A Page A-1
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Ordinance No. 1684
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 as
set forth herein. 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 and
all prior provisions are hereby superseded.
2. The effective date of this ordinance shall be September 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. 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:
a. 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.
b. The proposed project would result in a de minimis use of natural gas that
could be offset, such as through a sequestration project or other proposal
directly tied to the development project.
c. 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 the additional efficiency requirements or appliance pre -wiring if it
is determined to be necessary to serve public health, safety and welfare.
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 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.
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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..
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).
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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 St andard
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 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.
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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
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; and
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.
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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; and
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"; 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.
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.
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.
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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 gre ater 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:
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
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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; and
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; and
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 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.
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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;
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.
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.
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R 1685
ORDINANCE NO. 1685 (2020 SERIES)
AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE SUPPORTING THE
CLEAN ENERGY CHOICE PROGRAM (PL-CODE-0062-2020)
WHEREAS, the State of California enacted Senate Bill (SB) 32 to require greenhouse gas
emissions to be reduced to 40 percent below 1990 levels by 2030; and
WHEREAS, former Governor Brown issued Executive Order B-55-18 establishing a
statewide target of carbon neutrality by 2045; and
WHEREAS, City of San Luis Obispo residents and businesses have repeatedly identified
climate action as a top community priority; and
WHEREAS, the City of San Luis Obispo City Council has directed staff to evaluate
strategies and options to achieve community-wide carbon neutrality by 2035; and
WHEREAS, the inventoried greenhouse gas emissions in the City of San Luis Obispo
come from a variety of sources, primarily transportation and energy use in buildings and facilities;
and
WHEREAS, as of January 2020, the community has access to carbon neutral electricity
procured by Monterey Bay Community Power; and
WHEREAS, the remaining source of greenhouse gas emissions from energy use in
buildings will come from the onsite combustion of fossil fuels, primarily natural gas; and
WHEREAS, the direct global warming impact of natural gas is considerably higher than
previously thought; and
WHEREAS, in order to achieve carbon neutrality, new sources of greenhouse gas
emissions need to be substantially reduced or eliminated; and
WHEREAS, all-electric buildings are operationally carbon neutral; and
WHEREAS, Resolution No. 11133 (2020 Series) establishes a “Clean Energy Choice
Policy” preference for all-electric buildings and resolves that new buildings in the city shall not
cause a net increase in community greenhouse gas emissions as the result of on -site energy use;
and
WHEREAS, although all-electric buildings are common in the U.S., local and regional
developers may be designing their first electric building; and
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WHEREAS, highly efficient electric appliances may require mechanical equipment that
projects in the building pipeline may not have planned for; and
WHEREAS, local and regional builders have expressed certain design standards as
potential obstacles to designing and constructing all-electric buildings; and
WHEREAS, minor allowances within Zoning Code Chapter 17.070 (Site Development
and General Development Standards) for a specified time period would assist local and regional
builders construct all-electric buildings that are in the building pipeline; and
WHEREAS, the proposed ordinance is supported by policies in Chapter 9 of the City’s
General Plan Land Use Element, specifically Policies 9.4 relating to implementation of the City’s
Climate Action Plan and 9.7 relating to the promotion of sustainable design, and Program 9.13 to
provide incentives for projects that incorporate sustainable design features; and
WHEREAS, the proposed requirements specified in this Ordinance provide temporary
incentives to support the initial implementation of the City’s Clean Energy Program and will end
on December 31, 2022 to coincide with the next adoption of the City’s Building Code Update;
and
WHEREAS, on February 26, 2020 the Planning Commission conducted a public hearing and
recommended that the City Council introduce and adopt the proposed ordinance; and
WHEREAS, on June 16, 2020 the City Council conducted a duly noticed Public Hearing to
consider testimony and input on the proposed ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo as
follows:
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 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.
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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, 2022.
SECTION 2. Environmental Review. The City Council finds that the adoption of this
ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the Zoning
Amendment contained herein do not have the potential for causing a significant effect on the
environment, pursuant to Sections 15061(b)(3). The amendment to zoning regulations; 1)does
not lead to physical improvements beyond those typically exempt; and 2)is not specifically listed
as categorical or statutory exemptions but exhibit characteristics similar to one or more specific
exemptions; and 3)provides allowances to specific development standards that are minor in nature,
for a limited time in the area immediately surrounding and attached to approved structures and
existing improvements and is not anticipated to have a significant effect on the environment. The
ordinance additionally is categorically exempt from environmental review under the Class 3
exemptions for (1) construction and location of limited numbers of new, small facilities or
structures and (2) installation of small new equipment and facilities in small structures (§15303,
CEQA Guidelines.)
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SECTION 3. Action. Title 17 of the Municipal Code (Zoning Regulations) is hereby
amended to support the Clean Energy Choice Program by providing temporary authority to the
Community Development Director to grant incentives related to the standards set forth in various
sections of Municipal Code Chapter 17.70 (Site Development and General Development
Standards) as set forth in Exhibit A attached hereto. Be it further recommended that the Ordinance
shall be effective for a limited term beginning July 1, 2020 and concluding December 31, 2022.
INTRODUCED on the 16th day of June, 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of _________, 2020, on the following roll
call 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, on ______________________.
______________________________
Teresa Purrington
City Clerk
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EXHIBIT A
CHAPTER 17.70 SITE DEVELOPMENT AND GENERAL DEVELOPMENT
STANDARDS
Add Section 17.70.095 – Incentives related to new all-electric buildings
A. Purpose. The purpose of these regulations is to support the City’s Clean Energy Choice
program by providing temporary incentives in the application of site development
standards, for the provision of all-electric buildings.
B. Application. This Section shall apply to new all-electric buildings.
C. Standards. Site Development Standards included in this Chapter 17.70 for Accessory
Structures; Edge conditions; FAR; Fences, Walls and Hedges; Height Measurement and
Exceptions, Hillside Development Standards; Lot Coverage; Mixed Use Development
and Setbacks, may be exceeded to the minimum extent deemed necessary to allow for
equipment installations or similar improvements to accommodate all-electric buildings.
D. The Director may grant incentives to site development standards of this Chapter that are
minor in nature without application for Director Action when all of the following
circumstances apply:
1. The request directly relates to construction of an all-electric building and
may include, but is not limited to, issues such as the installation of mechanical
equipment;
2. The request provides the minor flexibility needed to design a project with
all-electric buildings and results in better implementation of other Zoning
Regulations or General Plan policies while allowing reasonable use of sites;
3. The request is minor in nature and does not have the potential to cause a
significant effect on the environment; and
4. The Findings in Section 17.108.040 are met.
E. Term. The provisions in this section shall apply to building permits with an application
date after July 1, 2020 and prior to December 31, 2022.
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Amend Section 17.158.006 - A by adding the following:
“ALL-ELECTRIC BUILDING” is a building that has no natural gas plumbing installed within the
building and that uses electricity as the source of energy for all space heating, water heating,
cooking appliances, and clothes drying appliances. An All-Electric Building may be plumbed for
the use of natural gas as fuel for appliances in a commercial kitchen.
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