HomeMy WebLinkAbout2019-03-12; City Council; ; Adoption of Ordinance Nos. CS-347, CS-348 and CS-349 Amending Carlsbad Municipal Code, Title 18 Regarding Energy Efficiency, Renewable Energy, Alternative Water Heating a~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
March 12, 2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CA Review v,.rv
Subject: Adoption of Ordinance Nos. CS-347, CS-348 and CS-349 Amending
Carlsbad Municipal Code, Title 18 Regarding Energy Efficiency, Renewable
Energy, Alternative Water Heating and Electric Vehicle Charging
Infrastructure for New Construction and Major Renovations.·
Recommended Action
Adopt Ordinance No. CS-347 amending Carlsbad Municipal Code Chapters 18.21 and 18.30
regarding requirements for energy efficiency measures and photovoltaic systems in new or
existing residential a_nd non-residential buildings, and water heating systems in new
. nonresidentialbuildings, Project No. MCA 17-0002 (PUB17Y-0013); and,
Adopt Ordinance No. CS-348 amending Carlsbad Municipal Code Chapter 18.30 regarding
requirements for water heating systems in new residential buildings Project No. MCA 17-0002
(PUB17Y-0013); and,
Adopt Ordinance No. CS-349 amending Carlsbad Municipal Code Chapter 18.21 regarding
requirements for electric vehicle charging infrastructure for new and existing residential
building sites and new nonresidential building sites, Project No. MCA 17-0002 (PUB17Y-0013).
Executive Summary /Discussion
Ordinance Nos. CS-347, CS-348 and CS-349 were introduced and first read at the City Council
meeting held on February 26, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by
Council Member Blackburn, the City Council voted 5/0 to introduce the Ordinances. The
second reading allows the City Council to adopt the ordinances. Ordinance No. CS-347 will be
submitted to the California Energy Commission (CEC) for review and approval. The ordinance
will become effective upon CEC approval and after filing with the California Building Standards
Commission (CBSC). Ordinance No. CS-348 will become effective on January 1, 2020, concurrent
with the statewide 2019 Building Standards Code update. Ordinance No. CS-349 will become
effective 30 days after City Council adoption and filing with the CBSC.
Fiscal Analysis
Cost associated with administering these ordinances will be recovered through plan check,
permitting and inspection fees currently in effect. No fee modifications are proposed.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinances published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
March 12, 2019 Item #7 Page 1 of 43
Environmental Evaluation (CEQA}
The project was previously evaluated in the Final Program Environmental Impact Report (EIR)
for the General Plan update (GPA 07-02), Climate Action Plan (55 15-05) and other documents
(EIR 13-02), dated September 22, 2015. The EIR evaluated the potential environmental effects
of the implementation of the Climate Action Plan including the adoption and enforcement of
energy conservation and electric vehicle charging infrastructure ordinances. This project is
within the scope of the Final Program EIR 13-02 and no further California Environmental Quality
Act (CEQA) compliance is required . -
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-347
2. Ordinance No. CS-348
3. Ordinance No. CS-349
March 12, 2019 Item #7 Page 2 of 43
ORDINANCE NO. CS-347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTERS 18.21
AND 18.30 REGARDING REQUIREMENTS FOR ENERGY EFFICIENCY
MEASURES AND PHOTOVOLTAIC SYSTEMS IN NEW OR EXISTING
RESIDENTIAL AND NONRESIDENTIAL BUILDINGS, AND WATER HEATING
SYSTEMS IN NEW NONRESIDENTIAL BUILDINGS.
PROJECT NAME: CLIMATE ACTION PLAN ORDINANCES
PROJECT NUMBER: MCA 17-0002 (PUB17Y-0013)
Exhibit 1
WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution
No. 2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide
greenhouse gas emissions (GHG); and
WHEREAS, in connection with approval of the CAP, the City Council certified a program
environmental impact report (EIR 13-02) in compliance with the California Environmental Quality Act
(CEQA), which evaluated the potential environmental effects of CAP implementation, including
adoption and enforcement of various ordinances and programs intended to reduce GHG; and
WHEREAS, this ordinance fulfills a CAP requirement to address energy efficiency measures,
photovoltaic systems and alternative water heating systems for new and existing residential and
nonresidential buildings (CAP measures B-1, B-2, D-3, E, F-3, and J-2); and
WHEREAS, the City Planner has determined that: 1) adoption of this ordinance is a subsequent
activity of the CAP for which program EIR 13-02 was prepared; 2) a notice for the activity has been
given, which includes statements that this activity is within the scope of the program approved earlier,
and that program EIR 13-02 adequately describes the activity for the purposes of CEQA Section
15168(c)(2) and (e); 3) the project has no new significant environmental effect not analyzed as
significant in the prior EIR 13-02; and 4) none of the circumstances requiring a subsequent or a
supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building
regulations that are substantially the same as those adopted by the California Building Standards
Commission and contained in the California Building Standards; and
WHEREAS, the California Green Building Standards Code is a part of the California Building
Standards which contains mandatory green building provisions, as well as a range of voluntary
March 12, 2019 Item #7 Page 3 of 43
measures, known as CALGreen Voluntary Tier 1 and Tier 2, relating to energy efficiency and renewable
energy; and,
WHEREAS, the California Energy Code is a part of the California Building Standards which
implements minimum energy efficiency standards in buildings through mandatory requirements,
prescriptive standards, and performances standards; and
WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide
that the City may make changes or modifications to the building standards contained in the California
Building Standards based upon express findings that such changes or modifications are reasonably
necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Green Building Standards Code Section 101.7.1 provides that local
climatic, geological or topographical conditions include environmental conditions established by a city,
county, or city and county; and
WHEREAS, the City Council of the City of Carlsbad finds that each of the amendments, additions
and deletions to the California Green Building Standards Code and California Energy Code contained in
this ordinance are reasonably necessary because of local climatic, geological or topographical
conditions described in Attachment A to this ordinance; and
WHEREAS, Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building
Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy
standards that are more stringent than the statewide Standards, provided that such local standards are
cost effective and the California Energy Commission finds that the standards will require buildings to
be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, the City of Carlsbad has performed cost effectiveness analyses as required by the
California Energy Commission for the local amendments to the California Green Building Standards
Code and California Energy Code contained in this ordinance; and
WHEREAS, based upon these analyses, the City Council of the City of Carlsbad finds that the
local amendments to the California Green Building Standards Code and California Energy Code
contained in this ordinance are cost effective and will require buildings to be designed to consume no
more energy than permitted by the California Energy Code.
March 12, 2019 Item #7 Page 4 of 43
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct.
2. Chapter 18.21 List of Sections is amended to add a reference to a new section as follows:
18.21.155 California Green Building Standards Code Appendix AS adopted in part
and amended as mandatory requirements-Energy efficiency.
3. Section 18.21.010 is amended to read as follows:
18.21.010 Adoption.
The 2016 California Green Building Standards Code copyrighted by the California
Building Standards Commission, together with those amendments, exceptions,
additions and deletions incorporated into this chapter, is adopted by reference as the
Green Building Standards Code of the City of Carlsbad.
3. Section 18.21.155 is added to read as follows:
18.21.155 California Green Building Standards Code Appendix AS adopted in part
and amended as mandatory requirements -Energy efficiency.
California Green Building Standards Code Appendix AS -Nonresidential Voluntary
Measures, Division AS.2 -Energy Efficiency, Sections AS.201, AS.202, Subsections
AS.203.1.1 (Tier 1 Prerequisites) through AS.203.1.2.1 Tier 1, and Sections AS.211
through AS.213, are adopted and amended herein as mandatory requirements for
construction of nonresidential, high-rise residential, hotels/motels, and alterations
thereto having a building permit valuation of at least $200,000 or additions of at least
1,000 square feet.
A. Section AS.203.1.1.2 of the California Green Building Standards Code is amended to
read as follows:
AS.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants
shall comply with California Energy Code Section 140.5.
B. Section AS.211 of the California Green Building Standards Code is amended to read
as follows:
AS.211.1 On-site renewable energy. Use on-site renewable energy
sources such as solar, wind, geothermal, low-impact hydro, biomass and
bio-gas for at least 1 percent of the electric power calculated as the
product of the building service voltage and the amperage specified by the
electrical service overcurrent protection device rating or 1 kW,
(whichever is greater), in addition to the electrical demand required to
March 12, 2019 Item #7 Page 5 of 43
meet 1 percent of the natural gas and propane use. The building project's
electrical service overcurrent protection device rating shall be calculated
in accordance with the 2016 California Electrical Code. Natural gas or
propane use is calculated in accordance with the 2016 California Plumbing
Code.
AS.211.1.1 Documentation. Using a calculation method approved by
the California Energy Commission, calculate the renewable on-site
energy system to meet the requirements of Section AS.211.1,
expressed in kW. Factor in net-metering, if offered by local utility, on
an annual basis.
AS.211.3 Green power. If offered by local utility provider, participate in a
renewable energy portfolio program that provides a minimum of 50
percent electrical power from renewable sources. Maintain
documentation through utility billings.
Exception to AS.211.1, AS.211.1.1 and AS.211.3: All new
nonresidential, high-rise residential, and hotel/motel buildings, and
alterations thereto having a building permit valuation of at least
$1,000,000 and affecting at least 75 percent of existing floor area, or
alterations that increase roof size by at least 2,000 square feet, shall
instead comply with California Energy Code Section 120.10.
4. Chapter 18.30 List of Sections is amended to add references to new sections as
follows:
18.30.110
18.30.130
18.30.150
18.30.190
California Energy Code Subchapter 1 amended -Definitions
California Energy Code Subchapter 3 amended -Nonresidential
photovoltaic system required.
California Energy Code Subchapters 3 and 5 amended -Nonresidential
water heating requirements.
California Energy Code Subchapter 9 amended -Energy efficiency in
existing residential buildings.
5. Section 18.30.110 is added to read as follows:
18.30.110 California Energy Code Subchapter 1 amended -Definitions.
Section 100.l{b) is amended by adding the following definition:
SOLAR ELECTRIC GENERATION SYSTEM or PHOTOVOLTAIC SYSTEM is the complete
set of all components for converting sunlight into electricity through the
photovoltaic process, including the array of panels, inverter(s) and the balance of
system components required to enable the system to effectively deliver power to
reduce a building's consumption of electricity from the utility grid.
March 12, 2019 Item #7 Page 6 of 43
6. Section 18.30.130 is added to read as follows:
18.30.130 California Energy Code Subchapter 3 amended -Nonresidential
photovoltaic system required.
Section 120.10 is added to the California Energy Code as follows:
SECTION 120.10
NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
All new nonresidential, high-rise residential, and hotel/motel buildings shall comply
with the requirements of Section 120.l0(a) or 120.l0(b). Additions to existing
nonresidential, high-rise residential, and hotel/motel buildings where the total roof
area is increased by at least 2,000 square feet, and alterations to existing
nonresidential, high-rise residential, and hotel/motel buildings with a permit
valuation of at least $1,000,000 that affect at least 75 percent of the gross floor area
shall also comply with the requirements of Section 120.l0(a) or (b).
The required installation of a photovoltaic (PV) system shall be sized according to
one of the following methods:
(a) Based on gross floor area.
1. Buildings with greater than or equal to 10,000 square feet of gross floor
area shall install a minimum PV system sized at 15 kilowatts direct current
(kWdc) per 10,000 square feet of gross floor area.
Note to Section 120.l0(a)l: PV system size= 15 kWdc X (Gross Floor
Area/ 10,000 sq. ft.), where the building size factor shall be rounded
to the nearest tenth and the resulting product shall be rounded to the
nearest whole number. For example, an applicant with a 126,800
square foot building shall install a minimum 191 kilowatt (kWdc) PV
system.
2. Buildings under 10,000 square feet of gross floor area shall install a
minimum 5 kilowatt (kWdc) PV system.
Note to Section 120.10(a)2: Applicants are encouraged to right-size
the PV system based on the building's electrical demand to improve
the system's cost effectiveness.
(b) Based on Time Dependent Valuation (TDV). Install a solar PV system that
will offset 80 percent of the building's TDV energy on an annual basis. The
system sizing requirement shall be based upon total building TDV energy use
including both conditioned and unconditioned space and calculated using
modeling software or other methods approved by the Building Official.
March 12, 2019 Item #7 Page 7 of 43
Exception 1 to Section 120.10: The Building Official may waive or reduce, by
the maximum extent necessary, the provisions of this Section if the Official
determines there are sufficient practical challenges to make satisfaction of
the requirements infeasible. Practical challenges may be a result of the
building site location, limited rooftop availability, or shading from nearby
structures, topography or vegetation. The applicant is responsible for
demonstrating requirement infeasibility when applying for an exemption.
Exception 2 to Section 120.10: The Building Official may waive or reduce, by
the maximum extent necessary, the provisions of this Section if the Official
determines the building has satisfied the purpose and intent of this provision
through the use of alternate on-site renewable generation systems such as
wind energy systems.
7. Section 18.30.150 is added to read as follows:
18.30.150 California Energy Code Subchapters 3 and 5 amended -Nonresidential
water heating requirements.
A. Section 120.11 is added to the California Energy Code as follows:
SECTION 120.11
NONRESIDENTIAL MANDATORY REQUIREMENTS FOR SERVICE WATER HEATING
SYSTEMS
Any newly constructed nonresidential building shall derive its service water heating
from a system that provides at least 40 percent of the energy needed for service
water heating from on-site solar energy or recovered energy. Solar energy includes
solar photovoltaics and solar-water heating systems.
Exception to Section 120.11: Buildings for which the Building Official has
determined that service water heating from on-site solar energy or recovered
energy is economically or physically infeasible. Applicant is responsible for
demonstrating requirement infeasibility when applying for an exemption.
B. Section 140.5 of the California Energy Code is amended to read as follows:
SECTION 140.5
PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS
(a) Nonresidential occupancies. A service water-heating system installed in a
nonresidential building shall comply with the applicable requirements of
Sections 110.1, 110.3, 120.3, and 120.11. In addition, a service water-heating
system shall meet the requirements of 1, 2, or 3 below:
1. A heat pump water heater. The storage tank shall be located in a conditioned
space.
March 12, 2019 Item #7 Page 8 of 43
2. An electric resistance water heater.
3. A solar water-heating system with a minimum solar savings fraction of 0.40.
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.
(b) High-rise residential and Hotel/Motel occupancies. A service water heating
system installed in a high-rise residential or hotel/motel building shall meet the
requirements of either 1, 2, or 3. For recirculation distribution systems serving
individual dwelling units, only Demand Recirculation Systems with manual on/off
control as specified in the Reference Appendix RA4.4.9 shall be used:
1. For systems serving individual dwelling units, the water heating system shall
meet the requirement of either A, B, or C:
A. A single heat pump water heater. The storage tank shall be located in the
garage or conditioned space. In addition, one of the following:
i. A compact hot water distribution system; or
ii. A photovoltaic system of 0.3 kWdc larger than the requirement
specified in Section 120.10.
B. A single heat pump water heater that meets the requirements of NEEA
Advanced Water Heater Specification Tier 3 or higher. The storage tank
shall be located in the garage or conditioned space.
C. A solar water-heating system meeting the installation criteria specified in
Reference Residential Appendix RA4 and either a minimum solar savings
fraction of 0.60 or a minimum 40 square feet of collectors.
2. For systems serving multiple dwelling units, a central water-heating system
that includes the following components shall be installed:
A. Gas or propane water heating system; and
B. A recirculation system that meets the requirements of Sections 110.3{c)2
and 110.3{c)S, includes two or more separate recirculation loops serving
separate dwelling units, and is capable of automatically controlling the
recirculation pump operation based on measurement of hot water
demand and hot water return temperature; and
EXCEPTION to Section 140.S(b)2B: Buildings with eight or fewer
dwelling units may use a single recirculation loop.
March 12, 2019 Item #7 Page 9 of 43
C. A solar water-heating system meeting the installation criteria specified in
Reference Residential Appendix RA4 and with a minimum solar savings
fraction of either a or b below:
i. A minimum solar savings fraction of 0.60 or a minimum of 40 square
feet of collectors; or
ii. A minimum solar savings fraction of 0.40. In addition, a drain water
heat recovery system shall be installed.
3. A water-heating system serving multiple dwelling units determined by the
Executive Director to use no more energy than the one specified in
subsection B above.
8. Section 18.30.190 is added to read as follows:
18.30.190 California Energy Code Section Subchapter 9 amended -Energy
efficiency in existing residential buildings.
Section 150.2 of the California Energy Code is amended to add paragraph (d) as follows:
(d) All additions and alterations of residential buildings with a building permit
valuation of $60,000 or higher shall include one of the following energy
efficiency measures:
1. Additions and alterations of single family residential buildings built before
1978 shall include one of the following:
A. Duct sealing pursuant to 2016 Title 24 Section 150.2(b)1E without
verification by a Home Energy Rating System (HERS) rater. All exceptions
as stated in 2016 Title 24 Section 150.2(b)1E are allowed. Projects that
require duct sealing as part of an HVAC alteration or replacement must
meet all of the requirements of Title 24, Part 6, including HERS rater
verification.
B. Attic insulation with a minimum of R-38 rating. Buildings without vented
attic spaces and buildings with existing attic insulation levels greater than
R-5 are exempt from this attic insulation energy efficiency measure.
C. Cool roof with an aged solar reflectance of greater than or equal to 0.25
and a thermal emittance of greater than or equal to 0.75. All exceptions
as stated in 2016 Title 24 Section 150.2(b)1Hi for steep slope roofs and
150.2(b)1Hii for low slope roofs are allowed. Only areas of roof that are
to be re-roofed subject to the cool roof upgrade. Projects that are not
March 12, 2019 Item #7 Page 10 of 43
installing a new roof as part of the scope are exempt from this cool roof
energy efficiency measure.
2. Additions and alterations of single family residential buildings built in 1978
or after shall include one of the following:
A. A lighting package consisting of:
i. replacement all interior and exterior screw-in (A-base) incandescent
and halogen lamps with screw-in LED lamps; and,
ii. installation of manual-on automatic-off vacancy sensors that meet
Title 24 Section 110.9(b)4C in all bathrooms, bedrooms, offices,
laundry rooms, utility rooms, and garages. Spaces which already
include vacancy sensors, motions sensors, or dimmers do not need to
install new Title 24 Section 110.9(b)4C sensors.
B. A water heating package consisting of:
i. addition of exterior insulation meeting a minimum of R-6 to storage
water heaters 20 gallons are larger in size, except if insulation
installation would void the water heater warranty; and,
ii. insulation of all accessible hot water pipes with pipe insulation a
minimum of 0.75 inches in thickness. This includes insulating the
supply pipe leaving the water heater, piping to faucets underneath
sinks, and accessible pipes in attic spaces and crawlspaces; and,
iii. upgrading of fitting in sinks and showers to meet current CALGreen
(Title 24, Part 11 of the California Building Code) standards, except
for fixtures with rated flow rates no more than 10 percent greater
than current CALGreen standards.
3. Additions and alterations of multi-family residential buildings built before
1978 shall include attic insulation with a minimum of R-38 rating. Buildings
without vented attic spaces and buildings with existing attic insulation levels
greater than R-5 are exempt from this attic insulation energy efficiency
measure.
4. Additions and alterations of multi-family residential buildings built between
1978 and 1990 shall include one of the following:
A. Duct sealing pursuant to 2016 Title 24 Section 150.2(b)1E without
verification by a HERS rater. All exceptions as stated in 2016 Title 24
Section 150.2(b)1E are allowed. Projects that require duct sealing as part
of an HVAC alteration or replacement must meet all ofthe requirements
of Title 24, Part 6, including HERS rater verification.
March 12, 2019 Item #7 Page 11 of 43
B. Attic insulation with a minimum of R-38 rating. Buildings without vented
attic spaces and buildings with existing attic insulation levels greater than
R-5 are exempt from this attic insulation energy efficiency measure.
C. Cool roof with an aged solar reflectance of greater than or equal to 0.25
and a thermal emittance of greater than or equal to 0.75. All exceptions
as stated in 2016 Title 24 Section 150.2(b)1Hi for steep slope roofs and
150.2(b)1Hii for low slope roofs are allowed. Only areas of roof that are
to be re-roofed are subject to the cool roof upgrade. Projects that are not
installing a new roof as part of the scope are exempt from this cool roof
energy efficiency measure.
5. Additions and alterations of multi-family residential buildings built after 1991
shall include one of the following:
A. A lighting package consisting of:
i. replacement all interior and exterior screw-in (A-base) incandescent
and halogen lamps with screw-in LED lamps; and,
ii. installation of manual-on automatic-off vacancy sensors that meet
Title 24 Section 110.9(b)4C in all bathrooms, bedrooms, offices,
laundry rooms, utility rooms, and garages. Spaces which already
include vacancy sensors, motions sensors, or dimmers do not need to
install new Title 24 Section 110.9(b)4C sensors.
B. A water heating package consisting of:
i. addition of exterior insulation meeting a minimum of R-6 to storage
water heaters 20 gallons are larger in size, except for buildings with
central water heating systems or if insulation installation would void
the water heater warranty; and,
ii. insulation of all accessible hot water pipes with pipe insulation a
minimum of 0.75 inches in thickness. This includes insulating the
supply pipe leaving the water heater, piping to faucets underneath
sinks, and accessible pipes in attic spaces and crawlspaces; and,
iii. upgrading of fittings in sinks and showers to meet current CALGreen
standards, except for fixtures with rated flow rates no more than ten
percent greater than current CALGreen standards.
Note: To the extent the provisions of Section 150.2(d) conflict with other
provisions of the California Energy Code, then the most energy conserving
provisions shall supersede and control.
Exception to Section 150.Z(d): The requirement for inclusion of energy
March 12, 2019 Item #7 Page 12 of 43
efficiency measures does not apply to residential buildings that receive a rating
of seven (7) or higher on the U.S. Department of Energy's Home Energy Score
rating system based upon an assessment by a Home Energy Score Certified
Assessor, to the satisfaction of the Building Official.
March 12, 2019 Item #7 Page 13 of 43
EFFECTIVE DATE: This ordinance shall be effective upon approval by the California Energy
Commission; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once
in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 26th day
of February 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
....._O"""""""~~-=----==~---
cEuA A. BREWER, City Attorney
March 12, 2019 Item #7 Page 14 of 43
Attachment "A" to Ordinance No. CS-347
FINDINGS FOR LOCAL AMENDMENTS TO
2016 CALIFORNIA GREEN BUILDING STANDARDS CODE
2016 CALIFORNIA ENERGY CODE
California Health and Safety Code Section 17958 provides that the city may make changes to the
provisions in the uniform codes that are published in the California Building Standards Code.
Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 require that for each proposed
local change to those provisions in the uniform codes and published in the California Building
Standards Code which regulate buildings used for human habitation, the city council must make
findings supporting its determination that each such local change is reasonably necessary because
of local climatic, geological, or topographical conditions. Furthermore, California Green Building
Standards Code Section 101.7.1 provides that local climatic, geological or topographical conditions
include environmental conditions established by a city, county, or city and county.
California Green Building Standards Code
Section Title Add Amend Justification
Appendix AS, Energy efficiency ✓ ✓ C, T, E
Division 5.2
AS.203.1.1.2 Service water heating in restaurants ✓ C, T, E
AS.211 On-site renewable energy ✓ C, T, E
California Energy Code
Section Title Add Amend Justification
100.l{b) Definitions ✓ C, T, E
120.10 Nonresidential photovoltaic system required ✓ C, T, E
120.11 Nonresidential mandatory requirements for ✓ C, T, E
service water heating systems
140.5 Prescriptive requirements for service water ✓ C, T, E
heating systems
150.2(d) Energy efficiency in existing residential ✓ C, T,E
buildings
Key to Justification for Amendments to Title 24 of the California Code of Regulations
C This amendment is justified on the basis of a local climatic condition. Carlsbad has many
brush-covered hillsides and protected natural open space areas adjacent to developed areas.
Though relatively moderate compared to inland portions of the region, the seasonal climatic
conditions during the late summer and fall in Carlsbad are characterized by frequent Santa
Ana weather patterns. Santa Ana conditions are dry, hot, strong and gusty winds that produce
March 12, 2019 Item #7 Page 15 of 43
Attachment "A" to Ordinance No. CS-347
extreme dryness and some of the highest winds in San Diego County, have fanned the region's
most catastrophic wildfires and can impact public health in the populated coastal zone by the
extreme heat and occasional smoke.1
Carlsbad has experienced larger increases in annual temperature than other parts of the state.
Compared to the first six decades of the 20th century, annual temperatures have increased by
more than 1 °Fin many parts of the state, with some areas (including the San Diego region)
exceeding 2°F.2 This heating is expected to continue well into the future, with estimates
ranging between 4-6°F and 7-9°F by the end of the century.3
T This amendment is justified on the basis of a local topographical condition. Carlsbad has six
and a half miles of beaches, three lagoons, several creeks and other low-lying areas prone to
flooding. The San Diego Multi-jurisdictional Hazard Mitigation Plan ranks coastal storm,
erosion and flooding among the top five hazards for Carlsbad, with potential property loss
exposure approaching $200 million dollars.4 There is broad scientific consensus that the earth
will continue to warm and that sea levels will rise as a result of thermal expansion of the
oceans and increased contributions from melting glaciers. By the end of the century, sea level
could rise by 1. 7 to 6.6 feet, inundating beaches and impacting miles of roads and public
accesses, the state campgrounds, hundreds of properties, and more than 1,000 acres of
environmentally sensitive lands in Carlsbad.5
E This amendment is justified on the basis of local environmental conditions. Sustainability is a
core value of the Community Vision, and an intrinsic part of the Carlsbad General Plan. Energy
efficiency enhances 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 (GHG) emissions that
come from fossil fuel combustion.
The amendments to the California Green Building Standards Code and Energy Code are
reasonably necessary to achieve the following goals of the General Plan Sustainability
Element and Carlsbad Climate Action Plan:
• Promote energy efficiency and conservation in the community;
• Pursue the use of sustainable energy sources;
• Reduce the community's greenhouse gas emissions and foster green development
patterns;
• Maintain a long-term balance among environmental, social and economic concerns, to
1 Kalansky, Julie, Dan Cayan, Kate Barba, Laura Walsh, Kimberly Brouwer, Dani Boudreau. (University of California,
San Diego). 2018. San Diego Summary Report. California's Fourth Climate Change Assessment, p.27.
2 Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja. (California Governor's Office of Planning
and Research, Scripps Institution of Oceanography, California Energy Commission, California Public Utilities
Commission). 2018. Statewide Summary Report. California's Fourth Climate Change Assessment, p. 22.
3 San Diego Summary Report, p. 19.
4 2017 San Diego Multi-jurisdictional Hazard Mitigation Plan, Table 5.3-1.
5 City of Carlsbad. December 2017. Sea Level Rise Vulnerability Assessment, Table 7, p. 44.
March 12, 2019 Item #7 Page 16 of 43
Attachment "A" to Ordinance No. CS-347
ensure a vibrant, healthy and prosperous community.
The above-listed conditions within the city pose local hazards for which amendments to the California
Green Building Standards Code and California Energy Code are required. Human activities that release
heat-trapping greenhouse gases into the atmosphere (such as through fossil fuel combustion) are the
primary driver of climate change.6 Failure to address and significantly reduce GHG emissions could
result in increased extreme heat events, dry weather conditions and risk of wildfire. Rises in sea level,
including in the city's lagoons, could put at risk Carlsbad homes and businesses, public facilities,
pub Ii c roads (especially Carlsbad Boulevard) and accessways.
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 res_idential
and nonresidential buildings will significantly reduce emissions from these uses.
6 U.S. Global Research Program. Fourth National Climate Change Assessment, https://www.globalchange.gov/climate-
change. Accessed on 12/28/18.
March 12, 2019 Item #7 Page 17 of 43
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy City Clerk of the City of Carlsbad, County of San Diego, State
of California, hereby certify that I have compared the foregoing copy with the original
ORDINANCE NO. CS-347, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18'.21 REGARDING
REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FOR NEW AND
EXISTING RESIDENTIAL BUILDING SITES AND NEW NONRESIDENTIAL BUILDING SITES,
PROJECT NO. MCA 17-0002 (PUB17Y-0013), on file in the Office of the City Clerk of the City
of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the
whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13TH day of March 2019.
{SEAL)
March 12, 2019 Item #7 Page 18 of 43
ORDINANCE NO. CS-348
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18.30
REGARDING REQUIREMENTS FOR WATER HEATING SYSTEMS IN NEW
RESIDENTIAL BUILDINGS.
PROJECT NAME: CLIMATE ACTION PLAN ORDINANCES
PROJECT NUMBER: MCA 17-0002 (PUB17Y-0013)
Exhibit 2
WHEREAS, on September 22, 2015, the City Council ofthe City of Carlsbad approved Resolution
No. 2015-244, approving the Climate Action Plan {CAP) which aims to reduce communitywide
greenhouse gas emissions {GHG); and
WHEREAS, in connection with approval of the CAP, the City Council certified a program
environmental impact report {EIR 13-02) in compliance with the California Environmental Quality Act
{CEQA), which evaluated the potential environmental effects of CAP implementation, including
adoption and enforcement of various ordinances and programs intended to reduce GHG; and
WHEREAS, this ordinance fulfills a CAP requirement to address alternative water heating
systems for new residential buildings {CAP measure J-2); and
WHEREAS, the City Planner has determined that: 1) adoption of this ordinance is a subsequent
activity of the CAP for which program EIR 13-02 was prepared; 2) a notice for the activity has been
given, which includes statements that this activity is within the scope of the program approved earlier,
and that program EIR 13-02 adequately describes the activity for the purposes of CEQA Section
15168{c)(2) and (e); 3) the project has no new significant environmental effect not analyzed as
significant in the prior EIR 13-02; and 4) none of the circumstances requiring a subsequent or a
supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and WHEREAS, CAP actions to
reduce GHG require adoption of ordinances addressing alternative water heating systems for new
residential buildings; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building
regulations that are substantially the same as those adopted by the California Building Standards
Commission and contained in the California Building Standards; and
WHEREAS, the California Energy Code is a part of the California Building Standards which
implements minimum energy efficiency standards in buildings through mandatory requirements,
prescriptive standards, and performances standards; and,
March 12, 2019 Item #7 Page 19 of 43
WHEREAS. California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide
that the City may make changes or modifications to the building standards contained in the California
Building Standards, including the California Energy Code, based upon express findings that such
changes or modifications are reasonably necessary because of local climatic, geological or
topographical conditions; and
WHEREAS, California Green Building Standards Code Section 101.7.1 provides that local
climatic, geological or topographical conditions include environmental conditions established by a city,
county, or city and county; and
WHEREAS, the City Council of the City of Carlsbad finds that each of the amendments, additions
and deletions to the California Energy Code contained in this ordinance are reasonably necessary
because of local climatic, geological or topographical conditions described in Attachment A to this
ordinance; and
WHEREAS, Public Resources Code Section 25402.l(h)2 and Section 10-106 of the Building
Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy
standards that are more stringent than the statewide Standards, provided that such local standards are
cost effective and the California Energy Commission finds that the standards will require buildings to
be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, the City of Carlsbad has performed cost effectiveness analyses as required by the
California Energy Commission for the local amendments to the California Energy Code contained in this
ordinance; and
WHEREAS, based upon these analyses, the City Council of the City of Carlsbad finds that the
local amendments to the California Energy Code contained in this ordinance are cost effective and will
require buildings to be designed to consume no more energy than permitted by the California Energy
Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct.
2. Chapter 18.30 List of Sections is amended to add a reference to a new section as follows:
18.30.170 California Energy Code Subchapters 7 and 8 amended -Residential
water heating requirements.
March 12, 2019 Item #7 Page 20 of 43
3. Section 18.30.170 is added to read as follows:
18.30.170 California Energy Code Subchapters 7 and 8 amended -Residential
water heating requirements.
A. Section 150.0(n) of the California Energy Code is a in ended to read as follows:
SECTION 150.0
MANDATORY FEATURES AND DEVICES
(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 electrical 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 word
"spare" 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 "Future 240V Use"; and
B. A Category Ill 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.
2. Water heating recirculation loops serving multiple dwelling units shall meet
the requirements of Section 110.3(c)5.
3. Solar water-heating systems and collectors shall be certified and rated by the
Solar Rating and Certification Corporation (SRCC), the International
Association of Plumbing and Mechanical Officials, Research and Testing
(IAPMO R& T), or by a listing agency that is approved by the Executive
Director.
4. Instantaneous water heaters with an input rating greater than 6.8 kBTU/hr
(2kW) shall meet the requirements of Section 110.3(c)7.
March 12, 2019 Item #7 Page 21 of 43
5. Any newly constructed residential building shall derive its service water
heating from a system that provides at least 60 percent of the energy needed
for service water heating from on-site solar energy or recovered energy.
Solar energy includes solar photovoltaics and solar-water heating systems.
EXCEPTION to Section 150.0{n)S: Buildings for which the Building Official
has determined that service water heating from on-site solar energy or
recovered energy is economically or physically infeasible. Applicant is
responsible for demonstrating requirement infeasibility when applying
for an exemption
B. Section 150.1(c)8 of the California Energy Code is amended to read as follows:
SECTION 150.1
PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR LOW-RISE
RESIDENTIAL BUILDINGS
8. Domestic Water-Heating Systems. Water-heating systems shall meet the
requirements of either A, B, or C. For recirculation distribution systems
serving individual dwelling units, only Demand Recirculation Systems with
manual on/off control as specified in the Reference Appendix RA4.4.9 shall
be used:
A. For systems serving individual dwelling units, the water heating system
shall meet the requirement of either i, ii, or iii:
i. A single heat pump water heater. The storage tank shall be located in
the garage or conditioned space. In addition, one of the following:
a. A compact hot water distribution system as specified in the
Reference Appendix RA4.4.6 and a drain water heat recovery
system that is field verified as specified in the Reference Appendix
RA3.6.9; or
b. A photovoltaic system capacity of 0.3 kWdc larger than the
requirement specified in Section 150.1(c)14.
ii. A single heat pump water heater that meets the requirements of
NEEA Advanced Water Heater Specification Tier 3 or higher. The
storage tank shall be located in the garage or conditioned space.
iii. A solar water-heating system meeting the installation criteria
specified in Reference Residential Appendix RA4 and either a
minimum solar savings fraction of 0.60 or a minimum 40 square feet
of collectors.
B. For systems serving multiple dwelling units, a central water-heating
March 12, 2019 Item #7 Page 22 of 43
system that includes the following components shall be installed:
i. Gas or propane water heating system; and
ii. A recirculation system that meets the requirements of Sections
110.3(c)2 and 110.3(c)5, includes two or more separate recirculation
loops serving separate dwelling units, and is capable of automatically
controlling the recirculation pump operation based on measurement
of hot water demand and hot water return temperature; and
EXCEPTION to Section 150.l{c)SBii: Buildings with eight or fewer
dwelling units may use a single recirculation loop.
iii. A solar water-heating system meeting the installation criteria
specified in Reference Residential Appendix RA4 and with a minimum
solar savings fraction of either a or b below:
a. A minimum solar savings fraction of 0.60 or a minimum of 40
square feet of collectors; or
b. A minimum solar savings fraction of 0.40. In addition, a drain
water heat recovery system that is field verified as specified in the
Reference Appendix RA3.6.9.
C. A water-heating system serving multiple dwelling units determined by
the Executive Director to use no more energy than the one specified in
subsection B above.
EFFECTIVE DATE: This ordinance shall be effective upon approval by the California Energy
Commission and no earlier than the effective date of the 2019 California Energy Code, which is
January 1, 2020; and the City Clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 26th day
of February 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
March 12, 2019 Item #7 Page 23 of 43
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
BARB
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March 12, 2019 Item #7 Page 24 of 43
Attachment "A" to Ordinance No. CS-348
FINDINGS FOR LOCAL AMENDMENTS TO
2019 CALIFORNIA ENERGY CODE
California Health and Safety Code Section 17958 provides that the city may make changes to the
provisions in the uniform codes that are published in the California Building Standards Code.
Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 require that for each proposed
local change to those provisions in the uniform codes and published in the California Building
Standards Code which regulate buildings used for human habitation, the city council must make
findings supporting its determination that each such local change is reasonably necessary because
of local climatic, geological, or topographical conditions. Furthermore, California Green Building
Standards Code Section 101.7.1 provides that local climatic, geological or topographical conditions
include environmental conditions established by a city, county, or city and county.
California Energy Code
Section Title Add Amend Justification
150.0{n)* Mandatory features and devices -water ✓ C, T, E heating systems
Performance and prescriptive compliance
150.1(c)8* approaches for low-rise residential buildings -✓ C, T, E
domestic water heating systems
*Amends 2019 California Energy Code
Key to Justification for Amendments to Title 24 of the California Code ofRegulations
C This amendment is justified on the basis of a local climatic condition. Carlsbad has many
brush-covered hillsides and protected natural open space areas adjacent to developed areas.
Though relatively moderate compared to inland portions of the region, the seasonal climatic
conditions during the late summer and fall in Carlsbad are characterized by frequent Santa
Ana weather patterns. Santa Ana conditions are dry, hot, strong and gusty winds that produce
extreme dryness and some of the highest winds in San Diego County, have fanned the region's
most catastrophic wildfires and can impact public health in the populated coastal zone by the
extreme heat and occasional smoke.1
Carlsbad has experienced larger increases in annual temperature than other parts of the state. ·
Compared to the first six decades of the 20th century, annual temperatures have increased by
more than 1 °F in many parts of the state, with some areas (including the San Diego region)
exceeding 2°F.2 This heating is expected to continue well into the future, with estimates
1 Kalansky, Julie, Dan Cayan, Kate Barba, Laura Walsh, Kimberly Brouwer, Dani Boudreau. (University of California,
San Diego). 2018. San Diego Summary Report. California's Fourth Climate Change Assessment, p.27.
2 Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja. (California Governor's Office of Planning
and Research, Scripps Institution of Oceanography, California Energy Commission, California Public Utilities
Commission). 2018. Statewide Summary Report. California's Fourth Climate Change Assessment, p. 22.
March 12, 2019 Item #7 Page 25 of 43
Attachment "A" to Ordinance No. CS-348
ranging between 4-6°F and 7-9°F by the end of the century.3
T This amendment is justified on the basis of a local topographical condition. Carlsbad has six
and a half miles of beaches, three lagoons, several creeks and other low-lying areas prone to
flooding. The San Diego Multi-jurisdictional Hazard Mitigation Plan ranks coastal storm,
erosion and flooding among the top five hazards for Carlsbad, with potential property loss
exposure approaching $200 million dollars.4 There is broad scientific consensus that the earth
will continue to warm and that sea levels will rise as a result of thermal expansion of the
oceans and increased contributions from melting glaciers. By the end of the century, sea level
could rise by 1. 7 to 6.6 feet, inundating beaches and impacting miles of roads and public
accesses, the state campgrounds, hundreds of properties, and more than 1,000 acres of
environmentally sensitive lands in Carlsbad.5
E This amendment is justified on the basis of local environmental conditions. Sustainability is a
core value of the Community Vision, and an intrinsic part of the Carlsbad General Plan. Energy
efficiency enhances 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 (GHG) emissions that
come from fossil fuel combustion.
The amendments to the Energy Code are reasonably necessary to achieve the following
goals of the General Plan Sustainability Element and Carlsbad Climate Action Plan:
• Promote energy efficiency and conservation in the community;
• Pursue the use of sustainable energy sources;
• Reduce the community's greenhouse gas emissions and foster green development
patterns;
• Maintain a long-term balance among environmental, social and economic concerns, to
ensure a vibrant, healthy and prosperous community.
The above-listed conditions within the city pose local hazards for which amendments to the California
Energy Code are required. Human activities that release heat-trapping greenhouse gases into the
atmosphere (such as through fossil fuel combustion) are the primary driver of climate change.6
Failure to address and significantly reduce GHG emissions could result in increased extreme heat
events, dry weather conditions and risk of wildfire. Rises in sea level, including in the city's lagoons,
could put at risk Carlsbad homes and businesses, public facilities, pub Ii c roads (especially
Carlsbad Boulevard) and accessways.
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
3 San Diego Summary Report, p. 19.
4 2017 San Diego Multi-jurisdictional Hazard Mitigation Plan, Table 5.3-1.
5 City of Carlsbad. December 2017. Sea Level Rise Vulnerability Assessment, Table 7, p. 44.
6 U.S. Global Research Program. Fourth National Climate Change Assessment, https://www.globalchange.gov/climate-
change. Accessed on 12/28/18.
March 12, 2019 Item #7 Page 26 of 43
Attachment "A" to Ordinance No. CS-348
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
alternative water heating systems in new and existing residential buildings will significantly reduce
emissions from these uses.
March 12, 2019 Item #7 Page 27 of 43
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy City Clerk of the City of Carlsbad, County of San Diego, State
of California, hereby certify that I have compared the foregoing copy with the original
ORDINANCE NO. CS-347, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18.30 REGARDING
REQUIREMENTS FOR WATER HEATING SYSTEMS IN NEW RESIDENTIAL BUILDINGS, PROJECT
NO. MCA 17-0002 (PUB17Y-0013), on file in the Office ofthe City Clerk of the City of Carlsbad;
that the same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13TH day of March 2019.
(SEAL)
!SINGER
Clerk
March 12, 2019 Item #7 Page 28 of 43
ORDINANCE NO. CS-349
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18.21
REGARDING REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE FOR NEW AND EXISTING RESIDENTIAL BUILDING SITES
AND NEW NONRESIDENTIAL BUILDING SITES.
PROJECT NAME: CLIMATE ACTION PLAN ORDINANCES
PROJECT NUMBER: MCA 17-0002 (PUB17Y-0013)
Exhibit 3
WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution
No. 2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide
greenhouse gas emissions (GHG); and
WHEREAS, in connection with approval of the CAP, the City Council certified a program
environmental impact report (EIR 13-02) in compliance with the California Environmental Quality Act
(CEQA), which evaluated the potential environmental effects of CAP implementation, including
adoption and enforcement of various ordinances and programs intended to reduce GHG; and
WHEREAS, this ordinance fulfills a CAP requirement to address electric vehicle charging
infrastructure measures for new and existing residential building sites and new nonresidential building
sites (CAP measure L-5 and L-6); and
WHEREAS, the City Planner has determined that: 1) adoption of this ordinance is a subsequent
activity of the CAP for which program EIR 13-02 was prepared; 2) a notice for the activity has been
given, which includes statements that this activity is within the scope of the program approved earlier,
and that program EIR 13-02 adequately describes the activity for the purposes of CEQA Section
15168(c)(2) and (e); 3) the project has no new significant environmental effect not analyzed as
significant in the prior EIR 13-02; and 4) none of the circumstances requiring a subsequent or a
supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and WHEREAS, CAP actions to
reduce GHG require adoption of ordinances addressing alternative water heating systems for new
residential buildings; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building
regulations that are substantially the same as those adopted by the California Building Standards
Commission and contained in the California Building Standards; and
WHEREAS, the California Green Building Standards Code is a part of the California Building
Standards which contains mandatory green building provisions, including residential and
nonresidential site planning and design requirements for electric vehicle charging; and,
March 12, 2019 Item #7 Page 29 of 43
WHEREAS. California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide
that the City may make changes or modifications to the building standards contained in the California
Building Standards based upon express findings that such changes or modifications are reasonably
necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Green Building Standards Code Section 101.7.1 provides that local
climatic, geological or topographical conditions include environmental conditions established by a city,
county, or city and county; and
WHEREAS, the City Council ofthe City of Carlsbad finds that each of the amendments, additions
and deletions to the California Green Building Standards Code contained in this ordinance are
reasonably necessary because of local climatic, geological or topographical conditions described in
Attachment A to this ordinance; and
WHEREAS, the City of Carlsbad has performed a cost analysis which showed that installing
electric vehicle charging infrastructure at the time of new construction or major renovation is cost
effective when compared to a later retrofit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct.
2. Chapter 18.21 List of Sections is amended to add references to new sections as follows:
18.21.120
18.21.140
18.21.150
California Green Building Standards Code Chapter 2 amended -
Definitions
California Green Building Standards Code Chapter 4 amended -
Residential electric vehicle charging
California Green Building Standards Code Chapter 5 amended -
Nonresidential electric vehicle charging
3. Section 18.21.010 is amended to read as follows:
18.21.010 Adoption.
The 2016 California Green Building Standards Code copyrighted by the California
Building Standards Commission, together with those amendments, exceptions,
additions and deletions incorporated into this chapter, is adopted by reference as the
Green Building Standards Code of the City of Carlsbad.
4. Section 18.21.120 is added to read as follows:
18.21.120 California Green Building Standards Code Chapter 2 amended -
March 12, 2019 Item #7 Page 30 of 43
Definitions.
Section 202 of the California Green Building Standards Code is amended to add the
following definitions:
EVSE CAPABLE. An electric vehicle charging space (EV space) installed with a listed
raceway capable of accommodating a 208/240-volt dedicated branch circuit. The
raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The
raceway shall originate at the main service or subpanel and shall terminate into a
listed cabinet, box or enclosure in close proximity to the proposed location of the EV
spaces. Construction documents shall identify the raceway termination point. The
service panel and/or subpanel shall provide capacity to install a 40-ampere minimum
dedicated branch circuit and space(s) reserved to permit installation of a branch
circuit overcurrent protective device.
EVSE INSTALLED. An electric vehicle charging space (EV space) installed with a
dedicated 208/240-volt branch circuit, including a listed raceway, electrical panel
capacity, overcurrent protective device, wire, and receptacle. Receptacle shall be
equipped with electric vehicle supply equipment (EVSE). The raceway shall not be
less than trade size 1 (nominal 1-inch inside diameter) and is required to be
continuous at enclosed, inaccessible or concealed areas and spaces. The branch
circuit and associated overcurrent protective device shall be rated at 40 amperes
minimum. Other electrical components, including receptacle and EVSE, related to
this section shall be installed in accordance with the California Electrical Code.
EVSE READY. An electric vehicle charging space (EV space) installed with a dedicated
208/240-volt branch circuit, including a listed raceway, electrical panel capacity,
overcurrent protective device, wire, and termination point such as a receptacle or
blank cover. The raceway shall not be less than trade size 1 (nominal 1-inch inside
diameter) and is required to be continuous at enclosed, inaccessible or concealed
areas and spaces. The termination point shall be in close proximity to the proposed
location of an EV charger. The branch circuit and associated overcurrent protective
device shall be rated at 40 amperes minimum. Other electrical components,
including a receptacle or blank cover, related to this section shall be installed in
accordance with the California Electrical Code.
MAJOR RESIDENTIAL RENOVATIONS. Alterations and additions to existing residential
structures and construction sites where: (A) for one and two family dwellings and
townhouses with attached private garages, alterations have a building permit
valuation equal to or greater than $60,000 or include an electrical service panel
upgrade; or (B) for multifamily dwellings (three dwelling units or more), alterations
have a building permit valuation equal to or greater than $200,000, interior finishes
are removed and significant site work and upgrades to structural and mechanical,
electrical, and/or plumbing systems are proposed. Significant site work as used
herein means site alterations that: require a grading permit pursuant to Carlsbad
Municipal Code Chapter 15.16; rehabilitate or install 2,500 square feet or more of
landscaping; or repave, replace or add 2,500 square feet or more of vehicle parking
March 12, 2019 Item #7 Page 31 of 43
and drive area.
5. Chapter 18.21.140 is added to read as follows:
18.21.140 California Green Building Standards Code Chapter 4 amended -
Residential electric vehicle charging.
A. Section 4.102 of the California Green Building Standards Code is amended to read as
follows:
SECTION 4.102 DEFINITIONS
4.102.1 Definitions. The following terms are defined in Chapter 2.
EVSE CAPABLE.
EVSE INSTALLED.
EVSE READY.
FRENCH DRAIN.
MAJOR RESIDENTIAL RENOVATIONS.
WATTLES.
B. Section 4.106.4 of the California Green Building Standards Code 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
Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3, to facilitate installation and use of EV
chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance
with the California Electrical Code, Article 625.
Exceptions:
1. 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 commercial power supply.
1.2 Where there is evidence substantiating that meeting the
requirements will alter the local utility infrastructure design
requirements on the utility side of the meter so as to increase the
utility side cost to the homeowner or the developer by more than
$400.00 per parking space.
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,
March 12, 2019 Item #7 Page 32 of 43
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 spaces
required or provide for EV charging elsewhere.
4.106.4.1 New one-and two-family dwellings and townhouses with attached
private garages and major residential renovations. For each dwelling unit,
install one EVSE Ready space.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory
shall identify the overcurrent protective device designated for future EV
charging purposes as "EV READY" in accordance with the California Electrical
Code. The receptacle or blank cover shall be identified as "EV READY".
4.106.4.2 New multifamily dwellings and major residential renovations. If
residential parking is available, ten (10) percent of the total number of parking
spaces on a building site provided for all types of parking facilities shall be electric
vehicle charging spaces (EV spaces) capable of supporting installed and future
EVSE. Calculations for the required number of EV spaces and EVSE Installed
spaces shall be rounded up to the nearest whole number.
Note: Construction documents are intended to demonstrate the
project's capability and capacity for facilitating future EV charging. Except for
EVSE Installed spaces, there is no requirement for EV spaces to be
constructed or available until EV chargers are installed for use.
4.106.4.2.1 Electric vehicle charging space (EV space) locations.
Construction documents shall indicate the location of proposed EV spaces.
Where common use parking is provided at least one EVSE Installed space
shall be located in the common use parking area and shall be available for
use by all residents.
4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV
chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3,
shall comply with at least one of the following options:
1. The EV space shall be located adjacent to an accessible parking
space meeting the requirements of the California Building Code,
Chapter 11A, to allow use of the EV charger from the accessible
parking space.
2. The EV space shall be located on an accessible route, as defined
March 12, 2019 Item #7 Page 33 of 43
in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in
compliance with the California Building Code, Chapter 11B, are not
required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2,
Item 3.
4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV
spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 EV spaces, but not less than one, shall also have an
8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide
minimum aisle shall be permitted provided the minimum width ofthe
EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1
unit vertical in 48 units horizontal (2.083 percent slope) in any
direction.
4.106.4.2.3 Single EV space required. When a single EV space is required, it
shall be an EVSE Installed space.
4.106.4.2.4 Multiple EV spaces required. When multiple EV spaces are
required, fifty (SO) percent, but in no case less than one, shall be EVSE
Installed spaces. The remainder of the required EV spaces may be EVSE
Installed, EVSE Ready, or EVSE Capable spaces.
4.106.4.2.4.1 Construction Documents. Construction documents shall
indicate the raceway termination point and proposed location of future
EV spaces and EV chargers. Construction documents shall also provide
information on amperage of future EVSE, raceway method(s), wiring
schematics and electrical load calculations to verify that the electrical
panel service capacity and electrical system, including any on-site
distribution transformer(s), have sufficient capacity to simultaneously
charge all EVs at all required EV spaces at the full rated amperage of the
EVSE. Plan design shall be based upon a 40-ampere minimum branch
circuit. 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.
4.106.4.2.5 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.
March 12, 2019 Item #7 Page 34 of 43
4.106.4.3 New hotels and motels. All newly constructed hotels and motels shall
provide EV spaces capable of supporting installed and future installation of EVSE.
The construction documents shall identify the location of the EV spaces.
Note: Construction documents are intended to demonstrate the
project's capability and capacity for facilitating future EV charging. Except for
EVSE Installed spaces, there is no requirement for EV spaces to be
constructed or available until EV chargers are installed for use.
4.106.4.3.1 Number of required EV spaces. The number of required EV
spaces and EVSE Installed spaces shall be based on the total number of
parking spaces provided for all types of parking facilities in accordance with
Table 4.106.4.3.1. Calculations for the required number of EV spaces and
EVSE Installed spaces shall be rounded up to the nearest whole number.
TABLE 4.106.4.3.1
TOTAL NUMBER OF NUMBER OF REQUIRED EV NUMBER OF REQUIRED
PARKING SPACES
0-9
10-25
26-50
51-75
76-100
101-150
151-200
201 and over
SPACES EVSE INSTALLED SPACES
1 1
2 1
4 2
6 3
9 5
12 6
17 9
10 percent of total 50 percent of required EV
spaces
4.106.4.3.2 Electric vehicle charging space (EV space) dimensions. The EV
spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
4.106.4.3.3 Single EV space required. When a single EV space is required, it
shall be an EVSE Installed space.
4.106.4.3.4 Multiple EV spaces required. When multiple EV spaces are
required per Table 4.106.4.3.1, the corresponding number of EVSE Installed
spaces are required to be installed at the time of construction. The remainder
of the EV spaces required per Table 4.106.4.3.1 may be EVSE Installed, EVSE
Ready, or EVSE Capable spaces.
4.106.4.3.4.1 Construction documents. Construction documents shall
indicate the raceway termination point and proposed location of future
EV spaces and EV chargers. Construction documents shall also provide
March 12, 2019 Item #7 Page 35 of 43
information on amperage of future EVSE, raceway method(s), wiring
schematics and electrical load calculations to verify that the electrical
panel service capacity and electrical system, including any on-site
distribution transformer(s), have sufficient capacity to simultaneously
charge all EVs at all required EV spaces at the full rated amperage of the
EVSE. Plan design shall be based upon a 40-ampere minimum branch
circuit. 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.
4.106.4.3.5 Identification. The service panels or subpanels shall be identified
in accordance with Section 4.106.4.2.5.
4.106.4.3.6 Accessible EV spaces. In addition to the requirements in Section
4.106.4.3, EV spaces for hotels/motels and all EVSE, when installed, shall
comply with the accessibility provisions for EV charging stations in the
California Building Code, Chapter 118.
Notes:
1. The California Department of Transportation adopts and
publishes the "California Manual on Uniform Traffic Control
Devices (California MUTCD)" to provide uniform standards and
specifications for all official traffic control devices in California.
Zero Emission Vehicle Signs and Pavement Markings can be
found in the New Policies & Directives Number 13-01. Website:
http://www.dot.ca.gov/ trafficops/policy.html.
2. See Vehicle Code Section 22511 for EV charging space sign age in
off-street parking facilities and for use of EV charging spaces.
3. The Governor' s Office of Planning and Research (OPR) published
a "Zero-Emission Vehicle Community Readiness Guidebook"
which provides helpful information for local governments,
residents and businesses. Website:
https://opr.ca.gov/docs/ZEV _Guidebook.pdf.
4. The Governor's lnteragency Working Group on Zero-Emission
Vehicles, 2016, "2016 ZEV Action Plan, An Updated Roadmap
toward 1.5 Million Zero-Emission Vehicles on California
Roadways by 2025." https://www.gov.ca.gov/
docs/2016_ZEV _Action_Plan.pdf.
6. Section 18.30.150 is added to read as follows:
18.21.150 California Green Building Standards Code Chapter 5 amended -
Nonresidential electric vehicle charging.
March 12, 2019 Item #7 Page 36 of 43
A. Section 5.102 of the California Green Building Standards Code is amended to read as
follows:
SECTION 5.102 DEFINITIONS
5.102.1 Definitions. The following terms are defined in Chapter 2.
CUTOFF LUMINAIRES.
EVSE CAPABLE.
EVSE INSTALLED.
EVSE READY.
LOW-EMITTING AND FUEL EFFICIENT VEHICLES.
NEIGHBORHOOD ELECTRIC VEHICLES.
TENANT-OCCUPANTS.
VANPOOL VEHICLE.
ZEV.
B. Section 5.106.5.3 of the California Green Building Standards Code is amended to
read as follows:
5.106.5.3 Electric vehicle {EV) charging. [NJ Construction shall comply with
Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate installation and future
installation of electric vehicle supply equipment (EVSE). When EVSE(s) is/are
installed, it shall be in accordance with the California Building Code, the
California Electrical Code and as follows:
5.106.5.3.1 Single charging space requirements. [NJ When only a single
charging space is required per Table 5.106.5.3.3, one EVSE Installed space
shall be installed in accordance with the California Electrical Code.
5.106.5.3.2 Multiple charging space requirements. [NJ When multiple EV
spaces are required per Table 5.106.5.3.3, the corresponding number of
EVSE Installed spaces are required to be installed at the time of construction
and shall be installed in accordance with the California Electrical Code. The
remainder of the EV spaces required per Table 5.106.5.3.3 may be EVSE
Installed, EVSE Ready, or EVSE Capable spaces.
5.106.5.3.2.1 Construction documents. Construction plans and
specifications shall include, but are not limited to, the following:
1. The type and location of the EVSE.
2. The raceway(s) shall originate at a service panel or a subpanel(s)
serving the area, and shall terminate in close proximity to the
proposed location of the charging equipment and into listed
suitable cabinet(s), box(es), enclosure(s) or equivalent.
3. Plan design shall be based upon 40-ampere minimum branch
March 12, 2019 Item #7 Page 37 of 43
TOTAL NUMBER OF
ACTUAL PARKING
SPACES
0-9
10-25
26-50
51-75
76-100
101-150
151-200
201 and over
circuits.
4. Electrical calculations shall substantiate the design of the
electrical system, to include the rating of equipment and any on-
site distribution transformers and have sufficient capacity to
simultaneously charge all required EVs at its full rated amperage.
5. The service panel or subpanel(s) shall have sufficient capacity to
accommodate the required number of dedicated branch circuit(s)
for the future installation of the EVSE.
5.106.5.3.3 EV charging space calculation. [N] Table 5.106.5.3.3 shall be
used to determine if single or multiple charging space requirements apply for
the installation and future installation of EVSE.
Exceptions: On a case-by-case basis where the local enforcing agency has
determined EV charging and infrastructure is not feasible based upon one
or more of the following conditions:
1. Where there is insufficient electrical supply.
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
5.106.5.3, may adversely impact the construction cost of the
project.
TABLE 5.106.5.3.3
NUMBER OF REQUIRED EV NUMBER OF REQUIRED
SPACES EVSE INSTALLED SPACES
1 1
2 1
4 2
6 3
9 5
12 6
17 9
10 percent of total1 50 percent of required
EVSE Installed spaces1
1. Calculation for EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number.
5.106.5.3.4 [N] Identification. The service panel or subpanel(s) circuit
directory shall identify the reserved overcurrent protective device space(s)
for future EV charging as 11EV CAPABLE". The raceway termination location
shall be permanently and visibly marked as 11EV CAPABLE."
5.106.5.3.5 [N] Future charging spaces qualify as designated parking as
March 12, 2019 Item #7 Page 38 of 43
described in Section 5.106.5.2 Designated parking for clean air vehicles.
Notes:
1. The California Department of Transportation adopts and
publishes the California Manual on Uniform Traffic Control
Devices (California MUTCD) to provide uniform standards and
specifications for all official traffic control devices in California.
Zero Emission Vehicle Signs and Pavement Markings can be
found in the New Policies & Directives number 13-
01.www.dot.ca.gov/hq/traffops/policy/13-01.pdf.
2. See Vehicle Code Section 22511 for EV charging spaces signage
in off-street parking facilities and for use of EV charging spaces.
3. The Governor's Office of Planning and Research published a
Zero-Emission Vehicle Community Readiness Guidebook which
provides helpful information for local governments, residents
and businesses. www.opr.ca.gov/docs/ZEV _Guidebook.pdf.
EFFECTIVE DATE: This ordinance shall be effective thirty days following its adoption; and the
City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council on the 26th day
of February 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
~~<
CELIA A. BREWER, City Attorney
March 12, 2019 Item #7 Page 39 of 43
Attachment "A" to Ordinance No. CS-349
FINDINGS FOR LOCAL AMENDMENTS TO
2016 CALIFORNIA GREEN BUILDING STANDARDS CODE
California Health and Safety Code Section 17958 provides that the city may make
changes to the provisions in the uniform codes that are published in the California
Building Standards Code. Health and Safety Code Sections 17958.5, 17958.7 and
18941.5 require that for each proposed local change to those provisions in the
uniform codes and published in the California Building Standards Code which regulate
buildings used for human habitation, the city council must make findings supporting its
determination that each such local change is reasonably necessary because of local
climatic, geological, or topographical conditions. Furthermore, California Green Building
Standards Code Section 101.7.1 provides that local climatic, geological or topographical
conditions include environmental conditions established by a city, county, or city and
county.
California Green Building Standards Code
Section Title Add Amend Justification
202 Definitions ✓ C, T, E
4.102.1 Definitions ✓ C, T, E
Electric vehicle (EV) charging for new C, T, E
4.106.4 construction and major residential ✓
renovations
5.102.1 Definitions ✓ C, T, E
5.106.5.3 Electric vehicle charging ✓ C, T, E
Key to Justification for Amendments to Title 24 of the California Code of Regulations
C This amendment is justified on the basis of a local climatic condition. Carlsbad has
many brush-covered hillsides and protected natural open space areas adjacent to
developed areas. Though relatively moderate compared to inland portions ofthe
region, the seasonal climatic conditions during the late summer and fall in
Carlsbad are characterized by frequent Santa Ana weather patterns. Santa Ana
conditions are dry, hot, strong and gusty winds that produce extreme dryness and
some of the highest winds in San Diego County, have fanned the region's most
catastrophic wildfires and can impact public health in the populated coastal zone
by the extreme heat and occasional smoke.1
Carlsbad has experienced larger increases in annual temperature than other parts
of the state. Compared to the first six decades of the 20th century, annual
1 Kalansky, Julie, Dan Cayan, Kate Barba, Laura Walsh, Kimberly Brouwer, Dani Boudreau. (University
of California, San Diego). 2018. San Diego Summary Report. California's Fourth Climate Change
Assessment, p.27. March 12, 2019 Item #7 Page 40 of 43
Attachment "A" to Ordinance No. CS-349
temperatures have increased by more than 1 °Fin many parts of the state, with
some areas (including the San Diego region) exceeding 2°F.2 This heating is
expected to continue well into the future, with estimates ranging between 4-6°F
and 7-9°F by the end of the century.3
T This amendment is justified on the basis of a local topographical condition.
Carlsbad has six and a half miles of beaches, three lagoons, several creeks and
other low-lying areas prone to flooding. The San Diego Multi-jurisdictional Hazard
Mitigation Plan ranks coastal storm, erosion and flooding among the top five
hazards for Carlsbad, with potential property loss exposure approaching $200
million dollars.4 There is broad scientific consensus that the earth will continue to
warm and that sea levels will rise as a result of thermal expansion of the oceans
and increased contributions from melting glaciers. By the end of the century, sea
level could rise by 1. 7 to 6.6 feet, inundating beaches and impacting miles of roads
and public accesses, the state campgrounds, hundreds of properties, and more
than 1,000 acres of environmentally sensitive lands in Carlsbad.5
E This amendment is justified on the basis of local environmental conditions.
Sustainability is a core value of the Community Vision, and an intrinsic part of the
Carlsbad General Plan. Energy efficiency enhances 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. Providing charging infrastructure for
electric vehicles will reduce air-pollution and GHG emissions by facilitating increased
use of zero emission vehicles.
The amendments to the California Green Building Standards Code are reasonably
necessary to achieve the following goals of the General Plan Sustainability
Element and Carlsbad Climate Action Plan:
• Promote energy efficiency and conservation in the community;
• Pursue the use of sustainable energy sources;
• Reduce the community's greenhouse gas emissions and foster green
development patterns;
• Maintain a long-term balance among environmental, social and economic
concerns, to ensure a vibrant, healthy and prosperous community.
The above-listed conditions within the city pose local hazards for which amendments to
the California Green Building Standards Code are required. Human activities that release
heat-trapping greenhouse gases into the atmosphere (such as through fossil fuel
combustion) are the primary driver of climate change.6 Failure to address and
2 Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja. (California Governor's Office
of Planning and Research, Scripps Institution of Oceanography, California Energy Commission,
California Public Utilities Commission). 2018. Statewide Summary Report. California's Fourth Climate
Change Assessment, p. 22.
3 San Diego Summary Report, p. 19.
4 2017 San Diego Multi-jurisdictional Hazard Mitigation Plan, Table 5.3-1.
5 City of Carlsbad. December 2017. Sea Level Rise Vulnerability Assessment, Table 7, p. 44.
6 U.S. Global Research Program. Fourth National Climate Change Assessment, March 12, 2019 Item #7 Page 41 of 43
Attachment "A" to Ordinance No. CS-349
significantly reduce GHG emissions could result in increased extreme heat events, dry
weather conditions and risk of wildfire. Rises in sea level, including in the city's lagoons,
could put at risk Carlsbad homes and businesses, public facilities, pub Ii c roads
(especially Carlsbad Boulevard) and accessways.
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. Cars and light trucks account for 39 percent of
Carlsbad's GHG emissions. Providing electric vehicle charging infrastructure will facilitate
increased use of plug-in hybrid and battery electric vehicles, thereby reducing GHG
emissions from this sector. For example, the California Air Resources Board estimates that
each installed electric vehicle charging station could reduce GHG emissions by 8 to 17
metric tons {CO2 equivalent gases) per year.7
https://www.globalchange.gov/climate-change. Accessed on 12/28/18.
7 CARB. April 13, 2018. Electric Vehicle (EV) Charging Infrastructure: Multifamily Building Standards,
Appendix H. March 12, 2019 Item #7 Page 42 of 43
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO } ss.
I, Sherry Freisinger, Deputy City Clerk of the City of Carlsbad, County of San Diego, State
of California, hereby certify that I have compared the foregoing copy with the original
ORDINANCE NO. CS-347, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTERS 18.21 AND 18.30
REGARDING REQUIREMENTS FOR ENERGY EFFICIENCY MEASURES AND PHOTOVOLTAIC
SYSTEMS IN NEW OR EXISTING RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS, AND WATER
HEATING SYSTEMS IN NEW NONRESIDENTIAL BUILDINGS, PROJECT NO. MCA 17-0002
(PUB17Y-0013), on file in the Office of the City Clerk of the City of Carlsbad; that the same
contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13TH day of March 2019.
Deputy City Clerk
(SEAL)
March 12, 2019 Item #7 Page 43 of 43