HomeMy WebLinkAbout2024-10-29; City Council; ; Public Hearing and Adoption of Ordinance No. CS-476 Amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and 18.04.055 (CA Review MK
Meeting Date: Oct. 29, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director Community Development
mike.strong@carlsbadca.gov, 442-339-2721
Subject: Public Hearing and Adoption of Ordinance No. CS-476 Amending
Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards
Code – Site Development) and 18.04.055 (Building Code –Board of
Appeals) with Findings of Fact Supporting California Building Standards
Code Amendments (MCA 2024-2003)
Districts: All
Recommended Action
1.Hold a public hearing; and
2.Adopt Ordinance No. CS-476, amending Carlsbad Municipal Code Sections 18.21.030
(Green Building Standards Code – Site Development) and 18.04.055 (Building Code—
Board of Appeals) with findings of fact supporting California Building Standards Code
Amendments
Executive Summary
The City Council is being asked to adopt amendments to the city’s Building Code, which sets
the building standards for new development projects, to reflect the state’s recent changes to
its requirements for electric vehicle charging stations.
The proposed ordinance (Exhibit 1) will strike inconsistent amendments from the city’s
adopted Green Building Standards Code and adopt the state’s new requirements for electric
vehicle charging stations. The proposed ordinance also amends the procedures for Building
Code appeals.
Explanation & Analysis
The State of California updates the California Building Standards Code every three years. The
California Building Standards Commission develops and publishes the revised standards in
collaboration with other state agencies. Local city and county building departments have
been delegated the responsibility to enforce the standards by the state legislature. Midway
between the three-year code cycles, the California Building Standards Commission makes
additions and clarifying amendments to the California Building Standards Code that produce
supplements to the code. This is similar to the City Council making mid-year adjustments to
the city’s adopted operational budget. In most years, these adjustments to the California
Oct. 29, 2024 Item #10 Page 1 of 35
Building Standards Code do not require any local approval because the city has already
adopted the state code and there is no need for further action of the City Council.
The ordinance:
• Amends Chapter 18.21 to bring section 18.21.030 into compliance with the state’s
recent revisions. The new code requirements for EV charging infrastructure must be
incorporated into the city’s adopted Climate Action Plan reach codes, which are in
some areas of the code still more stringent than the state.1
• Amends Chapter 18.04 to change the appeal body back to the City Council to hear
appeals of all orders, decisions, and determinations made by the city, as an enforcing
agency, relative to the application and interpretation of the California Building Code.
Please refer to the Oct. 8, 2024, City Council staff report for more background information
about the proposed amendments.
This proposed ordinance, Ordinance No. CS-476, was introduced for a first reading at the Oct.
8, 2024, City Council meeting. The City Council voted 5/0 to schedule this public hearing for
the second reading and adoption. This second reading allows the City Council to adopt the
ordinance.
Fiscal Analysis
The existing fiscal year 2024-25 budget includes sufficient funding for the cost of developing
and implementing the proposed ordinance.
Community Engagement
To comply with the requirements of Government Code Section 50022.3, notice of the hearing
was published in The Coast News newspaper on Oct. 18 and Oct. 25, 2024, in keeping with
Government Code Section 6066.
Next Steps
Once adopted, the City Clerk’s Office will publish a summary of the ordinance in a newspaper of
general circulation within 15 days. The ordinance will be effective thirty days after its adoption.
The Community Development Department will file a copy of the ordinance and related findings
with the California Building Standards Commission.
Environmental Evaluation
The proposed action is exempt from the California Environmental Quality Act because it
qualifies for the “common sense” exemption, covered by the general rule under CEQA
Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.
Exhibits
1. City Council ordinance
1 Reach codes are local ordinances that exceed the requirements in the state's Energy and Green Building
standards codes.
Oct. 29, 2024 Item #10 Page 2 of 35
Exhibit 1
Oct. 29, 2024 Item #10 Page 3 of 35
ORDINANCE NO. CS-476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030
(GREEN BUILDING STANDARDS CODE-SITE DEVELOPMENT) AND 18.04.055
(BUILDING CODE-BOARD OF APPEALS) WITH FINDINGS OF FACT
SUPPORTING CALIFORNIA BUILDING STANDARDS CODE AMENDMENTS
WHEREAS, California Health and Safety Code Section 17922 requires cities to adopt by
reference the California Building Standards Code, which consists of certain state-wide uniform industry
building standards; and
WHEREAS, California Health and Safety Code Section 17958 allows cities to make changes in the
provisions adopted pursuant to Section 17922, if its governing body makes express findings, pursuant
to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, that the proposed
modifications are necessary due to special local climatic, geological, or topographical conditions.
Section 101.7.1 of the California Green Building Standards Code also allows the use of environmental
conditions as an acceptable finding; and
WHEREAS, pursuant to Section 101.7.1 of the California Green Building Standards Code and
Section 10-106(b) of the California Administrative Code, local governments can amend energy
efficiency standards, provided that the amended standards are determined to be cost effective and
buildings would be designed to consume no more energy than permitted by the California Energy Code;
and
WHEREAS, the 2022 edition ofthe California Building Standards Code, Title 24 of the California
Code of Regulations, is comprised of the California Administrative Code, the California Building Code,
the California Residential Code, the California Electrical Code, the California Mechanical Code, the
California Plumbing Code, the California Energy Code, the California Historical Building Code, the
California Fi re Code, the California Existing Building Code, the California Green Building Standards Code,
and the California Referenced Standards Code; and
WHEREAS, the City of Carlsbad adopted by reference the 2022 edition of the California Building
Standards Code, which is located in Title 18 of the Carlsbad Municipal Code (Ordinance No. CS-437)
and contains certain local modifications; and
Oct. 29, 2024 Item #10 Page 4 of 35
WHEREAS, the State adopted an Intervening Code Adoption Cycle Supplement, effective July
1, 2024, resulting in additions and amendments to the California Building Standards Code with
which local governments must comply; and
WHEREAS, local amendments may be made both to a triennial California Building Standards
Code update and also to its individual parts during the intervening years; however, local
amendments previously adopted may not be automatically applicable. Rather, they must be re-
enacted with the required findings with each triennial state code update; and
WHEREAS, the City Council recognizes the need to amend Carlsbad Municipal Code Section
18.21.030, the site development section of the city's Green Building Standards Code, to bring this
section into compliance with the 2024 Green Building Intervening Code Cycle. The City Council also
recognizes the need to amend the building appeal procedures in Carlsbad Municipal Code Section
18.04.055 to reflect the hearing of such appeals by the City Council due to challenges with retaining a
Board of Appeals comprised of area building officials; and
WHEREAS, the City Council finds that all amendments to the California Building Standards Code
contained in this ordinance are reasonably necessary because of local climatic, geological,
topographical and environmental conditions, which are described in Attachment A to this ordinance
and are hereby adopted. These findings include: (1) findings to adopt local amendments to the 2024
Intervening Code Adoption Cycle Supplement and (2) findings previously adopted by the City Council
in adopting local amendments to the 2022 California Building Standards Code (Ordinance No. CS-437),
which have been updated with any necessary corrections and additions; and
WHEREAS, the City Council finds that based on the studies provided in Attachment A, all local
amendments to energy standards are cost effective and will require buildings to be designed to
consume less energy than permitted by Title 24, Part 6 (Energy Code); and
WHEREAS, the City Council held a duly noticed public hearing, and upon hearing and considering
all testimony, arguments, and public comments, if any, of all persons desiring to be heard, the City
Council has considered all factors related to the changes proposed to Carlsbad Municipal Code Title 18;
and
WHEREAS, the city distributed a notice of intended decision to adopt the "Common Sense"
exemption, covered by the general rule under State CEQA Guidelines Section 15061(b)(3). The city did
not receive any comment letters on the CEQA findings and determination and that decision is final.
Oct. 29, 2024 Item #10 Page 5 of 35
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
SECTION I: The above recitations are true and correct.
SECTION II:
as follows:
The Carlsbad Municipal Code is amended by updating Section 18.21.030 to read
Chapter 18.21
GREEN BUILDING STANDARDS CODE
18.21.030 Section 4.106 (Site Development) of the California Green Building Standards Code amended
A. Section 4.106 is amended to read as follows:
4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations.
New construction and major residential renovations shall comply with Section 4.106.4.1 or 4.106.4.2 to
facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed
in accordance with the California Electrical Code, Article 625. Notwithstanding these requirements, the
following exceptions apply:
l. On a case-by-case basis, where the local enforcing agency has determined EV charging and
infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local
utility infrastructure design requirements, directly related to the implementation of Section 4.106.4,
may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking
facilities.
3. Where major residential renovations for one and two-family dwellings and townhouses with attached
private garages do not include an electrical service panel upgrade, the requirements of Section 4.106.4.1 shall
apply to the maximum extent that does not require an electrical service panel upgrade.
4. In major residential renovations, where there is evidence substantiating that meeting the
requirements of this section presents an unreasonable hardship or is technically infeasible, the building official
may consider an appeal from the project sponsor to reduce the number of EV ready spaces, EV capable spaces,
and EVSE installed spaces required or provided for EV charging elsewhere.
5. Where alternative and innovative parking systems will be installed as determined by the building
official.
Oct. 29, 2024 Item #10 Page 6 of 35
4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily dwellings, hotels
and motels, and new residential parking facilities.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the
requirements of Section 4.106.4.2.2. The provisions of this section shall also apply to major residential
renovations. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served
by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one
standard automobile parking space only for the purpose of complying with any applicable minimum parking
space requirements established by ordinance or any other applicable law.
4.106.4.2.9.1 EV space requirements.
1. Single EV space required. When a single EV ready space or EV capable space is required, it shall be an
EVSE installed space . A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch
circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of
original construction in accordance with the California Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and
the location of EVSE installed spaces, EV ready spaces, EV capable spaces or receptacles, or EV chargers.
Construction documents shall also provide information on amperage of installed or future receptacles or EVSE
raceway method(s), wiring schematics, and electrical load calculations. Plan design shall be based upon a 40-
ampere minimum branch circuit. Required raceways and related components that are planned to be installed
underground, enclosed, inaccessible, or in concealed areas and spaces shall be installed at the time of original
construction.
3. Exception. Notwithstanding subsection (2), a raceway is not required if a minimum 40-ampere
208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location
of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.9.2 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s)
reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.
SECTION Ill: The Carlsbad Municipal Code is amended by updating Section 18.04.055 to read
as follows:
Chapter 18.04
BUILDING CODE
18.04.055 Section 113 (Board of Appeals) of the California Building Code amended.
A. Section 113.1 is amended to read as follows:
113.1 General.
In order to hear and decide appeals of orders, decisions, or determinations made by the building official
relative to the application and interpretation of this code, its amendments, and building requirements of the
jurisdiction, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall also hear
appeals of orders, decisions, and determinations made by the city, as an enforcing agency, relative to the
application and interpretation of the California Building Code and other regulations governing construction,
Oct. 29, 2024 Item #10 Page 7 of 35
use, maintenance, and change of occupancy. An appeal of any public nuisance determination premised on a
violation of Title 18 of the Carlsbad Municipal Code must also be heard by the Board of Appeals.
B. Section 113.3 is amended to read as follows:
113.3 Qualifications and membership.
The City Council is hereby designated as the Board of Appeals to hear and decide all appeals described in
Section 18.04.0SS(A) of the Carlsbad Municipal Code.
C. Section 113.4 is amended to read as follows:
113.4 Appeal to the Board of Appeals.
Within 10 calendar days from the date the building official's order, determination, or decision was issued, or
within 10 calendar days from the date of issuance of a building-related order, determination, or decision as
described in Section 18.04.0SS(A) of the Carlsbad Municipal Code, any interested person or entity dissatisfied
with such order, determination, or decision may file with the City Clerk a written appeal to the Board of
Appeals specifying the reasons for the appeal, together with an appeal fee established by resolution of the City
Council.
Any appellant who is financially unable to pay the required appeal fee may file a written request for an appeal
fee hardship waiver. The written request must be filed prior to or contemporaneous with the filing of the
appeal. The appellant requesting the appeal fee hardship waiver shall indicate on the written appeal that an
appeal fee hardship waiver request has been filed. The hardship waiver shall be considered by the city
pursuant to the standards in Carlsbad Municipal Code section 1.10.120. Failure of any person or entity to file a
timely appeal in accordance with this section shall constitute a waiver of the right to an appeal hearing and the
building official's decision or action shall become final.
D. Section 113.5 is added to read as follows:
113.5 Hearing and conduct.
As soon as practicable after receiving the written appeal and appeal fee, the Board shall fix a date, time, and
place for the hearing of the appeal by the Board. The Board shall hold a public hearing on the matter within 60
calendar days of the filing of the written appeal, or as soon thereafter as a quorum can be assembled. Written
notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the
hearing to each appellant and any interested parties of record discovered through reasonable diligence,
through either personal service or first-class mail, each appellant at the address shown on the appeal, and to
the interested parties of record at the parties' last known address. Notice by mail shall be deemed effective on
the date of deposit.
E. Section 113.6 is added to read as follows:
113.6 Decision.
The Board of Appeals shall hear the matter and approve, disapprove, or modify the order, determination, or
decision of the building official or the building-related order, determination, or decision as described in Section
18.04.0SS(A) of the Carlsbad Municipal Code. The Board of Appeals shall make written findings and render a
written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the
appellant, to the building official, and to any person requesting it. The Board's written determination shall be
final. There is no further administrative appeal.
F. Section 113.7 is added to read as follows:
FINDINGS
Every three years, the state adopts new building, residential, electrical, mechanical, plumbing, energy, historical, fire, existing building, and green
building codes, known collectively as the California Building Standards Code (CBSC). A local jurisdiction may adopt the CBSC by reference in their
jurisdiction’s local ordinances. Even if a local agency does not adopt a code by ordinance, the CBSC becomes the applicable code for all building
occupancies by default. Local amendments to building standards require express findings for each amendment, addition, or deletion based on
local climatic, topographical or geological conditions (and environmental conditions, if resulting in changes to the Green Building Standards Code
(GBSC)). Local amendments adopted to clarify the procedures relating to carrying out and enforcing building standards, and that do not establish
actual building standards, may be enacted by the local jurisdiction without meeting the requirements of the state laws governing CBSC building
standards amendments.
The purpose of this Attachment is to provide the findings to support local amendments to the CBSC.
Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by the Pacific Ocean and its semi-permanent high-
pressure systems that result in dry, warm summers and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit
(°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April with infrequent (approximately 10%)
precipitation during the summer. The average seasonal precipitation along the coast is approximately 10 inches; the amount increases with
elevation as moist air is lifted over the mountains to the east.
The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also subject to Santa Ana conditions of gusty winds
and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these climatic conditions
necessitate building standards modifications as further described in the following tables.
Geologic: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs offshore of the western edge of the city and is
considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has
the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that
activity, and local soils and geology conditions. Carlsbad is located within a seismically active region, and earthquakes have the potential to cause
ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground
acceleration zone. Earthquake exposed electricity/power lines and leaking gas pipelines are a major cause of fire after an earthquake. The City
Council specifically finds that these geologic conditions necessitate building standards modifications as further described in the following tables.
Topography: The topography in the San Diego region varies greatly, from beaches on the west to mountains and desert on the east. Along with
local meteorology, the topography influences viewshed areas and the existing visual character, as well as the dispersal and movement of
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pollutants in the basin. The mountains to the east prohibit dispersal of pollutants in that direction and help trap them in inversion layers. Natural
areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most defining and integral
components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons – Buena Vista, Agua Hedionda
and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic
views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes
ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned
communities and resorts are located. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the
hillsides to extreme fire hazard. The City Council specifically finds that these topographic conditions necessitate building standards modifications
as further described in the following tables.
Noise conditions: The County of San Diego, Department of Public Works Airport Division, owns and operates McClellan-Palomar Airport (Palomar
Airport) as a public-use facility in accordance with Federal Aviation Regulations. Palomar Airport is approximately 232 acres, which consists of
approximately 231 acres defined as the active airfield and approximately 0.7 acre on adjacent county-owned land for location of the existing
navigational lighting system. The Airport is accessible via Interstate 5 (I-5), one of the region’s major north-south highways that extends through
San Diego County. The Airport is located three miles east of I-5 on Palomar Airport Road, which is the Airport’s principal ground access route.
The Airport is generally bounded by Palomar Airport Road to the south and El Camino Real to the east.
The I-5 Widening Project adds two HOV lanes and one general purpose lane in each direction from the State Route 56 Interchange to the State
Route 78 Interchange. The project also adds auxiliary lanes. On an average day, I-5 alone serves more than 700,000 trips, including commuters,
goods movement, local trips, visitors, and recreational users.
Some land uses are considered more sensitive to ambient noise levels than others because of the amount of noise exposure (both exposure
duration and insulation from noise) and the types of activities typically involved. Residences, schools, rest homes, churches, and hospitals are
more sensitive to noise than commercial and industrial land uses. From a noise compatibility standpoint, the noise/land use acceptability criteria
for sensitive land uses at 65 CNEL for outdoor areas and 45 CNEL for indoor areas of residential land uses. The City Council specifically finds that
these noise conditions necessitate greater noise protection than that provided by the California Building Standards Code as further described in
the following tables.
Other conditions: Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not
covered in the California Building Standards Code. These changes include provisions making the CBSC compatible with other codes, including but
not limited to administrative and procedural ordinances enforced by the city.
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SECTION 1: 2022 CALIFORNIA BUILDING CODE
The modifications made to the 2022 California Building Code, located in Carlsbad Municipal Code Chapter 18.04 (“Building Code”), are detailed
in the ordinance. Unless otherwise noted below, the amendments to the 2022 California Building Code are not substantive in nature and are
limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may amend the building code to
impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic,
geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city
relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building
standards.
Table A: 2022 Building Code Adoption Matrix
CMC Section Section amended Building standard or
administrative change
Finding
Section 18.04.015 Adoption of Appendix H (Signs) Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
sign design and construction under challenging
environmental conditions.
Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.
Section 18.04.015 Section 101 amended to ensure that
maintenance of decks and balconies
complies with the Health and Safety
Code
Admin. ---
Section 18.04.020 Section 104 amended to clarify the
authority of the building official and to
establish rebuild thresholds for
construction projects
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
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to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could have a severe
consequence to improved properties at risk.
While it is understood that the adoption of such
regulations to clarify rebuild requirements may
not prevent the incidence of fire, the
implementation of the amendments helps
resolve disputes, planning construction, and
supporting transactions. The threshold holds
immense significance in different scenarios as it
assists property owners and buyers to prevent
legal conflicts and to describe projects that would
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be subject to the requirements (substantial
remodels and new construction definitions).
Substantial improvements are addressed by
different agencies in different contexts. Each
agency has a definition of substantial
improvement that triggers compliance
requirements under their specific authority. The
proposed change shall not be construed to
change those compliance requirements. For
example, the FEMA definition of substantial
improvement is used to regulate major additions
and other improvements to buildings in the
floodplain if the cost of the improvement exceeds
50% of the building’s value (cost of improvement
divided by market value of the building is >50%).
Under this rule, the floodplain regulations for
new construction will apply and the building must
meet the post Flood Insurance Rate Map (FIRM)
for developments in the floodplain. The
ordinance also does not interfere with the
administration or enforcement of CALGreen
Section 301.1.1, Chapter 7A of the CBC (for
Wildland Urban Interface), property tax collection
from the CA State Board of Equilization, or school
development impact fees through CA Education
Code Section 17620(B), etc.
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.04.025 Section 105 amended to identify certain
improvements as exempt, allow
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
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electronic submission of applications,
extend plan check and permit expiration
to 12 months, and provide criteria for
plan check and permit extensions
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could pose a severe
consequence to improved properties at risk.
While it is understood that certain permit
exemptions may not prevent the incidence of
fire, the implementation of the amendments
reduces the severity and potential loss of life and
property when such fires occur.
The topography of the city is also burdened by
major structures. As a general setting, rolling
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foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. The proposed code
change to exempt specified improvements from
building permits still requires compliance with
basic zoning standards.
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.04.030 Section 107 amended to clarify criteria
for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.
The city has beaches, creeks, and other low-lying
areas prone to flooding. The city is at risk to
coastal storms, erosion, and flooding. There is
broad scientific consensus that the earth will
continue to warm, and sea levels will rise
impacting beaches, roads, properties,
infrastructure, and environmentally sensitive
areas. The topography of the city is also being
burdened by major structures. As a general
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setting, rolling foothills frame much of the city’s
land. Many properties have scenic views.
The topography of the city has led to the
development of buildings on small lots. In most
residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city and location in coastal zoned areas lends
itself to noticeable changes to the existing visual
character when land improvements are made. It
is important to establish boundaries for property
(enabling accurate determination of land
boundaries and providing a valuable resource for
resolving disputes and for planning and executing
construction projects).
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.04.035 Section 109 amended to reflect current
fee collection practices and cost
recovery services and imposing a
penalty for doing work without a permit
Admin. ---
Section 18.04.040 Section 110 amended to clarify the city’s
requirements in the inspection process
Admin. ---
Section 18.04.045 Section 111 amended to clarify the
requirements for occupancy
Admin. ---
Section 18.04.050 Section 112 amended to include various
use restrictions and administrative
provisions to enhance the city’s ability
to implement the code and provide
Admin. ---
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remedies to safeguard life or limb,
health, property and public welfare
Section 18.04.055 Section 113 amended to establish an
appeal process and standing committee
to review such appeals, consisting of
subject matter experts
Admin. ---
Section 18.04.060 Section 114 amended to republish
existing provisions from the 2019 code
adoption and revisions to Chapter 1.10
of the Carlsbad Municipal Code
Admin. ---
Section 18.04.065 Section 115 amended to ensure the stop
work order notice covers the same
scope as Chapter 1.10 of the Carlsbad
Municipal Code
Admin. ---
Section 18.04.070 Section 117 amended to include unsafe
building appendages to safeguard life or
limb, health, property, and welfare
Admin. ---
Section 18.04.075 Reserved for future use Admin. ---
Section 18.04.080 Section 1206.4.1 amended to establish
prescriptive standards for interior noise
construction in new multi-family homes
adjacent to freeways and the airport
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to state codes is the
prime goal. However, there are noise conditions
that are unique in the city, including the existing
operation of the McClellan-Palomar Airport
(Palomar Airport) and its potential expansion;
and 2) the Interstate 5 North Coast Corridor (I-5
NCC) and its freeway expansion. Noise conditions
in the city warrant prescriptive measures for
indoor noise insulation in multi-family units
within a noise impact boundary of an airport or
freeway as defined in Section 1206.4.1. Health
and Safety Code Section 17922.7 authorizes the
adoption of building standards relating to noise
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insulation as are reasonably necessary because of
local conditions due to substantial noise
generated by airports, roadways, or commercial
and industrial activities immediately surrounding
or adjacent to such proposed dwellings.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
Section 18.04.085 Section 1501.1 amended to cover the
scope of roof assembly applications
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
compliance and enhanced roof performance and
a reasonable and appropriate degree of proper
security and fire and life safety in this jurisdiction.
It focuses on better performance under
challenging environmental conditions.
Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.
Section 18.04.090 Section 1505 amended to provide a fire
classification for rooftop mounted
photovoltaic
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, fire is one of the biggest
threats to life and property. To reduce this
potential hazard, rooftop mounted
appurtenances should have a higher fire
classification rating. Health and Safety Code
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Sections 17958.7 and 18941.5 authorize
modifications to the building standards based on
local climatic, geologic, or topographical
conditions. The city is surrounded by open spaces
consisting of grassland and underdeveloped or
undeveloped areas, which in conjunction with the
dry and sometimes windy local climate creates a
hazardous fire situation (wind and terrain-driven
fires could lead to extensive grass and brush fires
and pose a danger to life and property).
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
SECTION 2: 2022 CALIFORNIA RESIDENTIAL CODE
The proposed modifications made to the 2022 California Residential Code in Chapter 18.20 of the Carlsbad Municipal Code (“Residential Code”)
are detailed in the ordinance. Unless otherwise noted below, the proposed amendments to the 2022 California Residential Code are not
substantive in nature and are limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may
amend the residential code to impose more restrictive standards if express findings are made that such amendments are necessary because of
local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by
the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish
building standards.
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Table B: 2022 Residential Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.20.010 Adoption of Appendix AH (Patio Covers),
AK (Sound Transmission), AQ (Tiny
House), AX (Swimming Pool Safety Act)
and AZ (Emergency Housing)
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
patio, tiny house, and emergency housing design
and construction under challenging
environmental conditions.
Moreover, local conditions make it necessary to
adopt Appendix AK. Noise is an important and
complex issue in Carlsbad. Almost every part of
the city is susceptible to noise impacts, due
mainly to the presence of major noise
generators. Significant sources of noise in the city
including the existing operation of the McClellan-
Palomar Airport (Palomar Airport) and its
potential expansion; and 2) the Interstate 5 North
Coast Corridor (I-5 NCC) and its freeway
expansion, and railroad tracks. The city’s land use
pattern generally accommodates these
conditions but noise conditions in the city
warrant prescriptive measures for indoor noise
insulation as a measure to reduce sound and
effectively mitigate any adverse noise levels that
could impede a person's use of a residential
structure.
Compliance with pool safety laws and regulations
is essential for ensuring the safety and security of
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swimmers in both public and private pool settings
as required per Health and Safety Code Sections
11590-115929. More specifically, this section of
law increases the safety of public swimming pools
and spas by ensuring that public swimming pools
and spas are equipped with proper safety
devices, which is provided under Appendix AX.
For the most part, most swimming pools will be
found in warmer areas of the state, such as
coastal San Diego County. Local coastal
conditions make it necessary to adopt Appendix
AX. Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.
Section 18.20.020 Section R101 amended to clarify the
authority of the building official
Admin. ---
Section 18.20.030 Section R105 amended to identify
certain improvements as exempt, allow
electronic submissions of applications,
extend plan check and permit expiration
to 12 months, and provide criteria for
plan check and permit extensions. This
section also is amended to clarify the
authority of the building official to
establish rebuild thresholds for
construction projects
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
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to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could have a severe
consequence to improved properties at risk.
While it is understood that the adoption of such
regulations to clarify permit exemptions may not
prevent the incidence of fire, the implementation
of the amendments reduces the severity and
potential loss of life and property in the event of
such fires.
The topography of the city is also being burdened
by major structures. As a general setting, rolling
foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. The exemption of
specified improvements from building permits
still requires compliance with basic zoning
standards.
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
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Section 18.20.040 Section R106 amended to clarify criteria
for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.
The city has beaches, creeks, and other low-lying
areas prone to flooding. The city is at risk to
coastal storms, erosion, and flooding. There is
broad scientific consensus that the earth will
continue to warm, and sea levels will rise
impacting beaches, roads, properties,
infrastructure, and environmentally sensitive
areas. The topography of the city is also being
burdened by major structures. As a general
setting, rolling foothills frame much of the city’s
land. Many properties have scenic views.
The topography of the city has led to the
development of buildings on small lots. In most
residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city and location in coastal zoned areas lends
itself to noticeable changes to the existing visual
character when land improvements are made. It
is important to establish boundaries for property
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(enabling accurate determination of land
boundaries and providing a valuable resource for
resolving disputes and for planning and executing
construction projects).
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.20.050 Section R109 amended to clarify the
city’s requirements in the inspection
process
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.
The city has beaches, creeks, and other low-lying
areas prone to flooding. The city is at risk to
coastal storms, erosion, and flooding. There is
broad scientific consensus that the earth will
continue to warm, and sea levels will rise
impacting beaches, roads, properties,
infrastructure, and environmentally sensitive
areas. The topography of the city is also being
burdened by major structures. As a general
setting, rolling foothills frame much of the city’s
land. Many properties have scenic views.
The topography of the city has led to the
development of buildings on small lots. In most
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residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. It is important to
establish boundaries for property (enabling
accurate determination of land boundaries and
providing a valuable resource for resolving
disputes and for planning and executing
construction projects).
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.20.060 Section R111 amended to include
various use restrictions and
administrative provisions to enhance the
city’s ability to implement the code and
provide remedies to safeguard life or
limb, health, property, and public
welfare
Admin. ---
Section 18.20.070 Section R901.1 amended to cover the
scope of roof assembly applications
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
compliance and enhanced roof performance and
a reasonable and appropriate degree of proper
security and fire and life safety in this jurisdiction.
It focuses on better performance under
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challenging environmental conditions. Health and
Safety Code Sections 17958.7 and 18941.5
authorize modifications to the building standards
based on local climatic, geologic, or topographical
conditions.
SECTION 3: 2022 CALIFORNIA MECHANICAL CODE
The proposed modifications made to the 2022 California Mechanical Code in Chapter 18.10 of the Carlsbad Municipal Code (“Mechanical Code”)
are detailed in the ordinance. Pursuant to state law, the city may amend the mechanical code to impose more restrictive building standards if
express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings
are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and
remedies available for enforcing code violations, and that do not establish building standards.
Table C: 2022 Mechanical Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.10.020 New section added to the CMC to
establish screening requirements for
mechanical equipment
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the city is largely urbanized
and nearing build-out with residential
subdivisions, commercial and industrial uses, and
recreation and open spaces. As a general setting,
rolling foothills frames much of the city’s land.
Many properties have scenic views. The
topography of the city lends itself to noticeable
changes to the existing visual character when
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land improvements are made. The proposed code
change addresses screening requirements for all
new mechanical equipment and helps maximize
the visual quality and aesthetic value of all
project frontages. Health and Safety Code
Sections 17958.7 and 18941.5 authorizes
modifications to the building standards based on
climatic, geologic or topographical conditions,
which is further substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
Section 18.10.030 New section added to the CMC to
establish rooftop hazard avoidance
Building standard Roof safety is a system of preventative and safety
measures. Any mechanical devices or access
points that are located close to a roof’s edge
requires safety guard railings at the edge of the
building’s roof. The placement of a safety rail or
fence at the edge of a roof line has the potential
to degrade the quality of views of the building
from the site, its surroundings, and from near or
far various topographical advantages. Health and
Safety Code Sections 17958.7 and 18941.5
authorizes modifications to the building
standards based on climatic, geologic or
topographical conditions, which is further
substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
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SECTION 4: 2022 CALIFORNIA PLUMBING CODE
The proposed modifications made to the 2022 California Plumbing Code in Chapter 18.16 (“Plumbing Code”) are detailed in the ordinance.
Pursuant to state law, the city may amend the building code to impose more restrictive building standards if express findings are made that such
amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations
necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code
violations, and that do not establish building standards.
Table D: 2022 Plumbing Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.16.010 Adoption of Appendix H (Private Sewage
Disposal Systems) and M (Peak Water
Demand Calculator)
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
safe design and construction of private sewage
disposal systems under challenging
environmental conditions. For this reason, it is
necessary to adopt Appendix H. The amendment
to the code described above is necessary to
preserve the health, welfare and safety of
residents, businesses and property within the
city.
To assist plumbing system designers and to
encourage proper use and promote uniform
application of the new approaches for estimating
peak water demands, it is necessary to adopt
Appendix M. Estimating peak water supply
demand for different project types would result
in more accurately sized systems consistent with
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the lower flow rates and consumption values
from water-efficient plumbing fixtures and
appliances.
Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.
Section 18.16.020 Section 1505 amended to identify
minimum requirements for bypass tees
recycled water systems. This item was
adopted in 2019 as Section 18.16.080.
Building standard This provision is already adopted, per Ord. CS-
364.
Section 18.16.030 New section to establish the appropriate
sizing of roof drainage systems
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the code needs to
incorporate a rainfall intensity for sizing of storm
water drainage infrastructure for roofs that is
consistent with locally documented storm events
and drainage reports. The proposed amendment
adjusts the rate to reflect concentrated surges
(i.e., 1-hour storm rainfall amounts) and duration
intensities that were modeled according to the
San Diego Hydrology Manual and the isopluvial
maps provided. Health and Safety Code Sections
17958.7 and 18941.5 authorizes modifications to
the building standards based on climatic, geologic
or topographical conditions, which is further
substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
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safety of residents, businesses and property
within the city.
SECTION 5: 2022 CALIFORNIA ENERGY CODE
The proposed modifications made to the 2022 California Energy Code in Chapter 18.30 (“Energy Code”) are detailed in the ordinance. Pursuant
to state law, the city may amend the Energy Code to impose more restrictive building standards if express findings are made that such
amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations
necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code
violations, and that do not establish building standards.
Table E: 2022 Energy Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.30.010 Adoption of Appendix 1-A (Standards
and Documents Referenced)
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards under challenging
environmental conditions.
Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.
Section 18.30.020 Section 120.11 amended to change the
solar or recovered energy requirements
for nonresidential buildings
Building standard These provisions are already adopted, per Ord.
CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an
increased risk to the health, safety, and welfare
of city residents, businesses. and other
community members. Energy efficiency enhances
Section 18.30.030 Section 140.5 amended to change the
water heating requirements for
nonresidential buildings
Building standard
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Section 18.30.040 Section 141.2 amended to change the
nonresidential photovoltaic
requirements
Building standard the public health and welfare by promoting the
environmental and economic health of the city
through incorporating green practices into the
design, construction, maintenance, and operation
of new and existing buildings. Installation of
renewable energy systems to provide a building's
energy and water heating needs enhances the
public health and welfare by reducing air
pollution and greenhouse gas emissions that
come from fossil fuel combustion. According to
the Carlsbad Climate Action Plan, community-
wide GHG emissions need to be reduced 49
percent by 2035 to help achieve statewide
reduction targets necessary to reduce impacts
from climate change. Residential land uses
account for 25 percent of the community's GHG
emissions, while commercial and industrial uses
are responsible for about 32 percent.
Implementation of energy efficiency,
photovoltaic energy and alternative water
heating systems in new and existing residential
and nonresidential buildings will significantly
reduce emissions from these uses.
The following studies demonstrate that the local
amendments are cost effective and do not result
in buildings consuming more energy than is
permitted by the California Energy Code. (All
studies can be found on the Local Energy Codes
and Standards website at:
https://localenergycodes.com
Section 18.30.050 Section 150 amended to change the
solar or recovered energy requirements
for single family homes
Building standard
Section 18.30.060 Section 150.2 amended to change
energy efficiency requirements on single
family home alterations and additions
Building standard
Section 18.30.070 Section 180.5 amended to change
energy efficiency requirements on multi-
family home alterations and additions
Building standard
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1) 2024 Cost Effectiveness Study: Existing
Single-Family Residential Building
Upgrades (May 23, 2024)
2) 2024 Cost Effectiveness Study: Single-
Family New Construction (May 20, 2024)
3) 2023 Cost Effectiveness Study: New
Multi-Family Buildings (May 23, 2023)
4) 2023 Cost Effectiveness Study: Non-
Residential New Construction (Jan. 31,
2023)
SECTION 6: 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE
The proposed modifications made to the 2022 California Green Building Standards Code in Chapter 18.21 (“Green Building Standards Code”) are
detailed in the ordinance. Pursuant to state law, the city may amend the Green Building Standards Code to impose more restrictive building
standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No
findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal
procedures and remedies available for enforcing code violations, and that do not establish building standards.
Table F: 2022 Green Building Standards Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.21.020 Section 202 amended to clarify the
scope of definitions.
Building standard These provisions are already adopted, per Ord.
CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an
increased risk to the health, safety, and welfare
of the city residents, businesses and other
community members. Energy efficiency enhances
the public health and welfare by promoting the
environmental and economic health of the city
Section 18.21.030 Section 4.106 amended to adopt more
restrictive EV requirements for
residential (construction and installation
standards)
Building standard
Section 18.21.040 Section 5.106 amended to adopt more
restrictive EV requirements for
Building standard
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nonresidential (construction and
installation standards)
through incorporating green practices into the
design, construction, maintenance, and operation
of new and existing buildings. Installation of
renewable energy systems to provide a building's
energy and water heating needs enhances the
public health and welfare by reducing air
pollution and greenhouse gas emissions that
come from fossil fuel combustion. According to
the Carlsbad Climate Action Plan, community-
wide GHG emissions need to be reduced 49
percent by 2035 to help achieve statewide
reduction targets necessary to reduce impacts
from climate change. Residential land uses
account for 25 percent of the community's GHG
emissions, while commercial and industrial uses
are responsible for about 32 percent.
Implementation of energy efficiency,
photovoltaic energy and alternative water
heating systems in new and existing residential
and nonresidential buildings will significantly
reduce emissions from these uses.
The following studies demonstrate that the local
amendments are cost effective and do not result
in buildings consuming more energy than is
permitted by the California Energy Code. (All
studies can be found on the Local Energy Codes
and Standards website at:
https://localenergycodes.com
1) 2024 Cost Effectiveness Study: Existing
Single-Family Residential Building
Upgrades (May 23, 2024)
Section 18.21.050 Appendix A5 adopted to adopt certain
nonresidential voluntary measures and
amended to change the service water
heating and on-site renewable energy
requirements
Building standard
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2) 2024 Cost Effectiveness Study: Single-
Family New Construction (May 20, 2024)
3) 2023 Cost Effectiveness Study: New
Multi-Family Buildings (May 23, 2023)
4) 2023 Cost Effectiveness Study: Non-
Residential New Construction (Jan. 31,
2023)
SECTION 7: 2022 EXISTING BUILDING CODE
The proposed modifications made to the 2022 California Existing Building Code in Chapter 18.09 (“Existing Building Code”) are detailed in the
ordinance. Pursuant to state law, the city may amend the Existing Building Code to impose more restrictive building standards if express findings
are made that such amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to
enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies
available for enforcing code violations, and that do not establish building standards.
Table G: 2022 Existing Building Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.09.010 Adoption of Appendix A (Guidelines for
the Seismic Retrofit of Existing Buildings)
and B (Supplementary Accessibility
Requirements for Existing Buildings and
Facilities)
Building standard Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards under challenging
environmental conditions.
Earthquake damage to structures can be caused
by ground rupture, liquefaction, ground shaking,
and possibly inundation from tsunami (as
discussed above). The level of damage at a
location resulting from an earthquake will
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depend upon the magnitude of the event, the
epicenter distance, the response of geologic
materials, and the design and construction
quality of structures. Although there are no active
faults within Carlsbad, the city is located within a
seismically active region and earthquakes have
the potential to cause ground shaking of
significant magnitude. For this reason, and
because the city has a lot of older structures,
some which are unreinforced masonry structures
it is necessary to adopt Appendix A. The
amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
Regarding Appendix B, under the Title II ADA
regulation, state and local governments must
provide program accessibility in existing facilities,
and the under the Title III regulation public
accommodations must remove architectural
barriers in existing facilities where it is “readily
achievable.” Public entities, such as Carlsbad
must reasonably modify their rules, policies, and
procedures to avoid discriminating against people
with disabilities. This proposed amendment is
related to the public entities’ program
accessibility obligations. Local conditions,
including a new historic local register, warrant
making necessary changes or modifications to the
state building standards under challenging
environmental conditions to accommodate
alterations of changes of occupancy to qualified
historic buildings and facilities.
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