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HomeMy WebLinkAboutPC-1063-2022 (CODE-0299-2022)RESOLUTION NO. PC-1063-2022 A RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THAT THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE IN SUPPORT OF THE CLEAN ENERGY PROGRAM FOR NEW BUILDINGS (CODE-0299- 2022) WHEREAS, greenhouse gas accumulation in the atmosphere as the result of human activity is the primary cause of the global climate crisis; and WHEREAS, in California alone, the initial impacts of climate change have resulted in unprecedented disasters with tremendous human, economic, and environmental costs; and WHEREAS, the Intergovernmental Panel on Climate Change estimates that global emissions need to be reduced by 45 percent from 2010 levels by 2030, and 100 percent by 2050 to prevent global catastrophe; and WHEREAS, the State of California enacted Senate Bill (SB) 32 to require greenhouse gas emissions to be reduced to 40 percent below 1990 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, Resolution 11159 (2020 Series) adopts the City of San Luis Obispo Climate Action Plan for Community Recovery, which includes a communitywide goal of carbon neutrality by 2035 and sector specific goal of no net new building emissions from onsite energy use by 2020; and WHEREAS, the inventoried greenhouse gas emissions in the City of San Luis Obispo come from a variety of sources, primarily transportation and energy use in buildings and facilities; and WHEREAS, as of January 2020, the community has access to clean electricity procured by Central Coast Community Energy and as of January 2030, Central Coast Community Energy’s electricity supply will be carbon neutral and procured through direct investments; and WHEREAS, the remaining source of greenhouse gas emissions from energy use in buildings will come from the onsite combustion of fossil fuels, primarily natural gas; and CODE-0299-2022 Page 2 R 1063-2022 WHEREAS, the direct global warming impact of natural gas, which is primarily composed of methane, is 86 times higher than carbon dioxide over a twenty-year period; and WHEREAS, new natural gas connections pose substantial health and safety risks to the community by exacerbating climate change impacts, introducing natural gas infrastructure hazards, and generating indoor air pollution from natural gas combustion; and WHEREAS, in order to mitigate these risks in support of public health and safety, new sources of greenhouse gas emissions need to be substantially reduced or eliminated; and WHEREAS, Resolution No. 11133 (2020 Series) establishes a policy preference for all electric buildings and Resolution No. 11159 (2020 Series) resolves that there shall be “no net new building emissions from onsite energy use by 2020”; and WHEREAS, although all-electric buildings are common in the U.S., local and regional developers may be designing their first electric building; and WHEREAS, highly efficient electric appliances may require mechanical equipment that projects in the building pipeline may not have planned for; and WHEREAS, local and regional builders have expressed certain design standards as potential obstacles to designing and constructing all-electric buildings; and WHEREAS, minor amendments within Municipal Code Section 17.70.095 (Incentives related to new all-electric buildings) would assist local and regional builders with constructing all-electric buildings; and WHEREAS, the requirements specified in this Ordinance were reviewed via public comment and through a publicly noticed public hearing process. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Planning Commission recommends that the City Council makes the following findings: 1. The proposed amendments to Title 17 will not significantly alter the character of the City or cause significant health, safety, or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies to facilitate All-Electric buildings and the Clean Energy Choice for New Buildings Program. CODE-0299-2022 Page 3 R 1063-2022 2. The proposed amendments to Title 17 are consistent with existing zoning practices by establishing reasonable regulations to authorize the Director of Community Development to act on certain applications on an administrative basis due to the minor nature of a proposed improvement, use of land, or allowed deviation from development standards. 3. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed allowances to development standards are minor in nature and will and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance. 4. Periodic amendments, updates, and corrections of the Municipal Code are consistent with General Plan Policy to maintain regulations which are effective in implementing policies consistent with the General Plan. 5. The amendment is temporary and includes a sunset date of December 31, 2025. SECTION 2. Environmental Determination. The proposed code amendment has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed amendment has been determined to be exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The ordinance additionally is categorically exempt from environmental review 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.) Specifically, the amendment to zoning regulations; 1) does not lead to physical improvements beyond those typically exempt; and 2) is not specifically listed as a categorical or statutory exemption but exhibits characteristics similar to one or more specific exemptions; and 3) provides allowances to specific development standards that are minor in nature in the area immediately surrounding and attached to approved structures and existing improvements and is not anticipated to have a significant effect on the environment. CODE-0299-2022 Page 4 R 1063-2022 SECTION 3. Recommendation. The Planning Commission does hereby recommend the City Council introduce and adopt an Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code supporting the Clean Energy Choice Program by providing temporary authority to the Community Development Director to grant incentives related to the standards set forth in various sections of Municipal Code Chapter 17.70 (Site Development and General Development Standards) as set forth in Attachment A. Be it further recommended that the Ordinance shall be effective for a limited term beginning January 1, 2023 and concluding December 31, 2025. On motion by Commissioner Munoz-Morris, seconded by Commissioner Francis, and on the following roll call vote AYES: Commissioners Francis, Jorgensen, Munoz-Morris, Vice Chair Kahn and Chair Quincey NOES: None REFRAIN: None ABSENT: Commissioner Hopkins The foregoing resolution was adopted this 22nd day of June 2022. ______________ Tyler Corey, Secretary Planning Commission CODE-0299-2022 Page 5 R 1063-2022 RESOLUTION NO. PC-1063- 2022 ATTACHMENT A CHAPTER 17.70 SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS Amend Section 17.70.095.A to read as follows: A. Purpose. The purpose of these regulations is to support the city’s Clean Energy Choice for New Buildings program by providing temporary incentives in the application of site development standards, for the provision of all-electric buildings. Amend Section 17.70.095.C to read as follows: C. Standards. Site development standards included in this chapter for accessory structures; edge conditions; FAR; fences, walls and hedges; height measurement and exceptions; hillside development standards; lot coverage; mixed-use development; parking requirements; and setbacks may be exceeded to the minimum extent deemed necessary to allow for equipment installations or similar improvements to accommodate all-electric buildings. Amend Section 17.70.095.E to read as follows: E. Term. The provisions in this section shall apply to building permits with an application date after July 1, 2020, and prior to December 31, 20222025. (Ord. 1685XXXX § 3 (Exh. A (part)), 20202022) CHAPTER 17.158 GENERAL DEFINITIONS Amend Section 17.158.006 - A to read as follows: ALL-ELECTRIC BUILDING” is a building that has no natural gas plumbing installed within the building and that uses electricity as the source of energy for all space heating, water heating, cooking appliances, and clothes drying appliances. An All- Electric Building may be plumbed for the use of natural gas as fuel for appliances in a commercial kitchen.