HomeMy WebLinkAboutO-1718 amending Title 17 (Zoning Regulations) in support of the Clean Energy Program for New Buildings (PL-CODE-0286-2022)O 1718
ORDINANCE NO. 1718 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE IN SUPPORT OF THE
CLEAN ENERGY PROGRAM FOR NEW BUILDINGS (PL-CODE-0286-
2022)
WHEREAS, greenhouse gas accumulation in the atmosphere as the result of
human activity is the primary cause of the global climate crisis; and
WHEREAS, in California alone, the initial impacts of climate change have resulted
in unprecedented disasters with tremendous human, economic, and environmental costs;
and
WHEREAS, the Intergovernmental Panel on Climate Change estimates that global
emissions need to be reduced by 45 percent from 2010 levels by 2030, and 100 percent
by 2050 to prevent global catastrophe; a nd
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 n o net new building emissions from
onsite energy use by 2020; and
WHEREAS, the inventoried greenhouse gas emissions in the City of San Luis
Obispo come from a variety of sources, primarily transportation and energy use in
buildings and facilities; and
WHEREAS, as of January 2020, the community has access to clean electricity
procured by Central Coast Community Energy and as of January 2030, Central Coast
Community Energy’s electricity supply will be carbon neutral and procured through direct
investments; and
WHEREAS, the remaining source of greenhouse gas emissions from energy use
in buildings will come from the onsite combustion of fossil fuels, primarily natural gas; and
WHEREAS, the direct global warming impact of natural gas, which is primarily
composed of methane, is 86 times higher carbon dioxide over a twenty-year period; and
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WHEREAS, new natural gas connections pose substantial health and safety risks
to the community by exacerbating climate change impacts , introducing natural gas
infrastructure hazards, and generating indoor air pollution from natural gas combustion;
and
WHEREAS, in order to mitigate these risks in support of public health and safety,
new sources of greenhouse gas emissions need to be substantially reduced or
eliminated; and
WHEREAS, Resolution No. 11133 (2020 Series) establishes a policy preference
for all-electric buildings and Resolution No. 11159 (2020 Series) resolves that there shall
be “no net new building emissions from onsite energy use by 2020”; and
WHEREAS, although all-electric buildings are common in the U.S., local and
regional developers may be designing their first electric building; and
WHEREAS, highly efficient electric appliances may require mechanical equipment
that projects in the building pipeline may not have planned for; and
WHEREAS, local and regional builders have expressed certain design standards
as potential obstacles to designing and constructing all-electric buildings; and
WHEREAS, minor amendments within Municipal Code Section 17.70.095
(Incentives related to new all-electric buildings) would assist local and regional builders
with constructing all-electric buildings that are in the building pipeline; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public
comment and through a publicly noticed public hearing process; and
WHEREAS, on February 1, 2022, the City Council held a study session and
provided direction to City Staff to conduct further outreach and to develop code
amendments; and
WHEREAS, on June 8, 2022, the Planning Commission received an informational
presentation on the proposed ordinance and provided feedback; and
WHEREAS, on June 22, 2022, the Planning Commission adopted Resolution PC-
1063-2022 recommending that the City Council adopt regulatory flexibility incentives; and
WHEREAS, on July 5, 2022, the City Council conducted a duly noticed Public
Hearing to consider testimony and input on the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
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SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed amendments to Title 17 will not significantly alter the character
of the City or cause significant health, safety, or welfare concerns, since the
amendment is consistent with the General Plan and directly implement City
goals and policies to facilitate All-Electric buildings and the Clean Energy
Choice for New Buildings Program.
2. The proposed amendments to Title 17 are consistent with existing zoning
practices by establishing reasonable regulations to authorize the Director of
Community Development to act on certain applications on an administrative
basis due to the minor nature of a proposed improvement, use of land, or
allowed deviation from development standards.
3. The proposed amendment to the text of the Zoning Ordinance is consistent
with the purpose of the Zoning Ordinance to promote the growth of the City in
an orderly manner and to promote and protect the public health, safety, and
general welfare in that the proposed allowances to development standards are
minor in nature and will and otherwise maintain the existing policies, standards
and regulations of the Zoning Ordinance.
4. Periodic amendments, updates, and corrections of the Municipal Code are
consistent with General Plan Policy to maintain regulations which are effective
in implementing policies consistent with the General Plan.
5. The amendment is temporary and includes a s unset 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 or dinance 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 c haracteristics 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 an ticipated to have a significant effect
on the environment.
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SECTION 3. Action. Title 17 (Zoning Regulations) of the Municipal Code is hereby
amended to support the Clean Energy Program for New Buildings by providing temporary
authority to the Community Development Director to grant incentives related to the
standards set forth in various sections of Municipal Code Chapter 17.70 (Site
Development and General Development Standards) and to refine the definition of “All-
Electric Building” in Chapter 17.158 as set forth in Exhibit A. Be it further recommended
that the Ordinance shall be effective for a limited term beginning January 1, 2023 and
concluding December 31, 2025.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. The
Ordinance shall be effective for a limited term beginning January 1, 2023 and concluding
December 31, 2025.
INTRODUCED on the 5th day of July 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of July 2022, on the following vote:
AYES: Council Member Marx, Shoresman, Vice Mayor Christianson, and
Mayor Stewart
NOES: None
RECUSED: Council Member Pease
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington, City Clerk
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Exhibit A
CHAPTER 17.70 SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
Amend Section 17.70.095.A to read as follows:
A. Purpose. The purpose of these regulations is to support the city’s Clean Energy
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, 2025. (Ord. 1685
(2020) § 3 (Exh. A (part)); Ord. 1718 (2022))
CHAPTER 17.158 GENERAL DEFINITIONS
Amend Section 17.158.006 - A to read as follows:
ALL-ELECTRIC BUILDING” is a building that has no natural gas plumbing installed within
the building and that uses electricity as the source of energy for all space heating, water
heating, cooking appliances, and clothes drying appliances.
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