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HomeMy WebLinkAbout2021-08-17; City Council; ; Streamlining process for electric vehicle charging station permits Meeting Date: Aug. 17, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jeff Murphy, Community Development Director jeff.murphy@carlsbadca.gov, 760-602-2783 Subject: Streamlining process for electric vehicle charging station permits District: All Recommended Action Introduce an ordinance adding a new Chapter 18.22, electric vehicle charging stations, to the City of Carlsbad Municipal Code in accordance with state law (Exhibit 1). Executive Summary Assembly Bill 1236, signed into law on Oct. 8, 2015, requires local jurisdictions to adopt an ordinance that provides for an expedited, streamlined permitting process for electric vehicle charging stations. While the Community Development Department made internal permit processing changes to implement the requirements of state law, this process was never formally adopted as an ordinance incorporated into the city’s municipal code as required by this law. The recommended action being considered by the City Council will bring the city into compliance. Discussion Background The state legislature has made it a priority to encourage zero-emission vehicles and to enhance the necessary infrastructure to make their use more convenient. Assembly Bill 1236, which added Section 65850.7 to the Government Code (Exhibit 2) to require, among other things, that local jurisdictions adopt an ordinance allowing a streamlined permit process for the installation of electric vehicle charging stations. This process would be ministerial, which means that the city will not exercise any discretion in approving applications aside from verifying that the applications are complete, and the proper fees have been paid. The law required local jurisdictions with fewer than 200,000 residents to adopt ordinances by September 2017, to bring their respective zoning codes into compliance with the new mandate and to streamline the permitting process for electric vehicle charging stations. While the city’s Building Division has been issuing charging station permits in compliance with the law since it became effective, this process was never adopted as an ordinance incorporated into the city’s municipal code. The adoption of the proposed ordinance is an important step in meeting the city’s adopted Climate Action Plan goals and reducing contributions to greenhouse gas emissions. Taken Aug. 17, 2021 Item #5 Page 1 of 72 together, reducing vehicle miles traveled and lowering tailpipe emissions represent the largest single greenhouse gas emissions reduction strategy area. In the Climate Action Plan, transportation-related measures total more than 40% of the planned greenhouse gas emissions reductions. The plan’s Measure L promotes an increase in the amounts of zero-emission vehicles travel through seven actions, including developing a community-wide charging station siting plan and requirements for charging stations in new developments. On March 12, 2019, the City Council adopted an ordinance requiring installation of electric vehicle charging infrastructure for all new residential and non-residential development and major renovations of existing residential buildings (Exhibit 3). Adoption of the proposed ordinance helps bring the city into compliance with the AB 1236 mandate and shows how the city will streamline the permitting process for new charging stations. Additionally, the streamlined permit review process will help the state achieve the target set forth in the executive order Gov. Gavin Newsom signed Sept. 23, 2020 (Executive Order N-79- 20, Exhibit 4). It sets a target of 100% of in-state sales of new passenger vehicles to be zero- emission by 2035, as well as ambitious targets for zero-emission medium- and heavy-duty vehicles. Proposed ordinance The proposed ordinance adds a new chapter to Title 18 - Building Codes and Regulations of the Carlsbad Municipal Code: Chapter 18.22 - Electric Vehicle Charging Station Regulations. This chapter includes all the mandatory elements required under state law. Some of the more significant requirements include the following: • Mandatory ministerial permit review process The state law prohibits jurisdictions from requiring discretionary permit review for standalone charging station facilities1 unless the facility will have a specific, adverse impact to public health and safety. Examples of impacts include the charging station creating pedestrian access issues because of the installation of equipment, causing problems with or new lighting and/or glare from equipment or requiring removal of lighting needed for public safety. If any of these situations are identified, an application for a site development plan consistent with CMC Section 21.06 would be required to further study the impacts. This would be consistent with the “use” permit provisions of AB 1236. • Expedited turnaround times AB 1236 requires an expedited permit review process. The Community Development Department has committed to complete administrative permit review within two to five business days. • Online electronic submittal The city does not have a system in place that will allow for web-based electronic submittal. However, the proposed ordinance provides the framework for future electronic submittal of permit applications and signatures once the software and capability are available. In the absence of an online portal submittal system, the charging station application materials would be published on the city’s website and 1 If an EVCS facility is a component to a development project that requires a discretionary permit, the EVCS facility would be processed and permitted as part of that development’s discretionary permit. Aug. 17, 2021 Item #5 Page 2 of 72 updated over time, consistent with state law, and can be submitted via email to the Building Division. • Low cost fees The charging station permit currently is charged as an “simple single or combination permit,” which currently costs applicants $175. On Sep. 1, 2021, the fee will increase to $193 in compliance with the City Council-approved Master Fee Schedule. Guidance documents To help customers navigate electric vehicle charging station law and city permit processes, the following materials have been prepared. • Informational Bulletin – Electric Vehicle Charging Stations (Exhibit 5) This bulletin outlines the development and processing requirements consistent with state law. The bulletin includes background on electric vehicle charging stations related to state law, the types of specific, adverse impacts/deviations that would trigger a discretionary permit and how those permits are processed; application submittal requirements; length of plan check; how to obtain the permit; fees; and inspection requirements. • EVCS Installation Checklists (Exhibit 6) In addition to a building permit application, applicants will be required to complete a supplemental checklist tailored to address the type of charging station proposed (i.e., single-family, multi-family, non-residential installation). The checklist contains the technical aspects of the installations and is intended to help expedite permitting for electric vehicle charging. Once the checklist is deemed complete, a permit will be issued to the applicant. This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” (Exhibit 7). Analysis As proposed, the Carlsbad Municipal Code would be amended to establish formalized standards of review and procedures for approval of electric vehicle charging stations through a streamlined, low-cost permit process. Upon meeting of all requirements specified in the permitting checklist(s), an applicant shall be able to submit permit application and associated documentation to the city. The regulations provide for electronic submittal of permit applications and for expedited review and approval by the city’s building official as long as they are in compliance with the California Building Code and Electrical Code. “Electronic submittal” may include, but is not limited to email, the internet, a fax or other plan review software operated by the city. Once an application is deemed complete, it must be promptly processed and issued by the building official if it meets the state’s checklist criteria for the electrical vehicle charging stations’ electrical system and any connected electrical system. However, if the Building Official finds, based on substantial evidence, that there is potential for a specific adverse impact on the public health and safety, then a site development plan may be required to allow for potential impacts to be mitigated. The ordinance incorporates the state’s Aug. 17, 2021 Item #5 Page 3 of 72 requirements for electrical vehicle charging stations into a new CMC Chapter 18.22 in Title 18 - Building Codes & Regulations. Options While there appears to be no direct penalty for failing to adopt the new regulations, should the City Council choose not to approve the proposed ordinance the city would remain out of compliance with state law. Fiscal Analysis Adopting this ordinance has no direct fiscal impact to the city’s General Fund. The electrical vehicle charging stations’ permit is currently and will continue to be charged as a “simple single or combination permit,” which currently costs applicants $175 and recovers the allowable amount of costs associated with permit plan checks and inspections. In keeping with the updated Master Fee Schedule approved by the City Council on June 8, 2021, this permit fee will increase to $193, effective Sept. 1, 2021. Next Steps Following the City Council’s introduction of the ordinance, it will be scheduled at the City Council’s next meeting for adoption. The amendments to the city municipal code will become effective 30 days after adoption, citywide. The municipal code’s Title 18 - Building Codes and Regulations is not part of the city’s certified Local Coastal Program. Therefore, any City Council action to adopt the ordinance will be final and not subject to review and approval by the California Coastal Commission. Environmental Evaluation The City Planner finds that adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed ordinance will have no significant negative impact on the environment. As a separate and independent basis, the City Planner finds that the proposed ordinance implements state law that requires that provisions be made for the approval of electrical vehicle charging stations on a ministerial basis. As a result, the adoption of proposed ordinance is exempt from the CEQA, and its implementing regulations as a ministerial project in keeping with o Public Resources Code section 21080(b)(1) and CEQA Guidelines Section 15268 because the city lacks any discretion to adopt the ordinance. Almost all projects that undertake the type of activity authorized by this ordinance will be subject only to nondiscretionary review and approval and therefore will themselves be exempt as a ministerial project in keeping with to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268. As a separate and independent basis, the City Planner finds this action is categorically exempt from further environmental review in accordance with CEQA Guidelines sections 15301 - Existing facilities, 15303 - New construction or conversion of small structures and 15304 - Minor Alterations to Land as suggested in the Zero-Emission Vehicles in California: Community Readiness Guidebook adopted by the Governor's Office of Planning and Research. Consistent with section 15301 of the CEQA Guidelines, an expedited permit process for electrical vehicle charging stations will result in minor alterations to existing facilities involving negligible or no expansion of use beyond that which is presently existing. Further, consistent Aug. 17, 2021 Item #5 Page 4 of 72 with sections 15303 and 15304 of the CEQA Guidelines, an expedited permit process for electrical vehicle charging station will result in a limited number of new, small structures, and minor public or private alterations in the condition of land. Accordingly, this action qualifies for an exemption from the requirements to prepare additional environmental documentation, all the requirements of CEQA have been met, and the action will not have a significant effect on the environment. Public Notification and Outreach This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Draft City Council ordinance 2.Government Code Section 65850.7 3.March 12, 2019, City Council staff report 4.Executive Order N-79-20 5.Informational Bulletin 6.Checklists for charging station installation 7.Zero-emission vehicles in California: Community Readiness Guidebook (https://www.opr.ca.gov/docs/ZEV_Guidebook.pdf) Aug. 17, 2021 Item #5 Page 5 of 72 ORDINANCE NO. CS-399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, . CALIFORNIA, ADDING A NEW CHAPTER 18.22 (ELECTRIC VEHICLE CHARGING STATIONS) TO THE CITY OF CARLSBAD MUNICIPAL CODE PURSUANT TO STATE LAW WHEREAS, California Governor Gavin Newsom signed Executive Order N-79-20 on September 23, 2020, setting a target of 100 percent of in-state sales of new passenger vehicles will be zero-emission by 2035, as well as ambitious targets for zero-emission medium-and heavy-duty vehicles. WHEREAS, to help achieve the goals set forth under Executive Order N-79-20, the City of Carlsbad is adding a new Chapter 18.42 (Electric Vehicle Charging Stations) to the City of Carlsbad Municipal Code to implement State law as adopted by Assembly Bill 1236 on January 1, 2016, in order to achieve timely and cost-effective installations for electric vehicle charging stations in accordance with California Government Code section 65850.7; and WHEREAS, Chapter 18.22 will promote and encourage the use of electric vehicles in accordance with the City's Climate Action Plan; and WHEREAS1 an increase in local use of electric vehicle charging stations is expected to . occur as the number ·of electric vehicles increases, which is consistent with the City's Climate Action Plan goals to expand alternative fuel infrastructure and increase the percentage of vehicle miles traveled by electric and alternative fuel vehicles; and WHEREAS, Chapter 1'8.22 .maintains the Building Official's authority to protect the public health and safety; and WHEREAS, on September 30, 2017, California Government Code section 65850.7, created by Assembly Bill 1236, was effective for all jurisdictions in the State of California with populations less than 200,000, including the City of Carlsbad; and NOW, THEREFORE, the City Council of the City of Carlsbad hereby ordains as follows: 1. The above recitations are true and correct 2. Chapter 18.22 ofthe Carlsbad Municipal Code is hereby added as follows: \ Aug. 17, 2021 Item #5 Page 6 of 72 CHAPTER 18.22 ELECTRIC VEHICLE CHARGING STATIONS 18.22.010 Purpose The purpose of Chapter 18.22 is to promote and encourage the use of the electric vehicles in accordance with the City's Climate Action Plan, and Government Code Section 65850.7 by providing an expedited, streamlined permitting process for electric vehicle charging stations for residential and non-residential uses The intent is to remove unreasonable regulatory barriers and minimize permit processing costs to achieve timely and cost-effective installations and to help achieve Governor's Executive Order N-79-20. Chapter 18.22 helps the city to achieve those goals, prevents adverse impacts in the installation and use of electric vehicle charging stations, and maintains the Building_ Official's authority to protect the public health and safety and to identify and address higher priority life-safety situations, where applicable. 18.22.020 Definitions The following definitions shall apply to Chapter 18.22: A. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. B. "Checklist" means the submittal checklist required by the City of Carlsbad to be submitted with the permit application for an electric vehicle charging station to demonstrate compliance. C. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. D. "Electronic submittal" means the utilization of electronic mail (email); the Internet; . facsimile (fax); "Specific, adverse impact" means a significant, quantifiable, direct, and u~avoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. E. "Feasible Method" means a method to satisfactorily mitigate or avoid a specific, adverse impact including, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. 18.22.030 Applicability A. Chapter 18.22 applies to the permitting of all electric vehicle charging stations in the City of Carlsbad. Aug. 17, 2021 Item #5 Page 7 of 72 B. Electric vehicle charging stations legally established or permitted prior to the effective date of the Ordinance codified in this Chapter are not subject to the requirements of Chapter 18.22 unless physical modifications or alterations are undertaken that materially change the size, type, or components of the electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. C. The installation of electric vehicle charging stations shall comply with the standards set forth in section 18.21.140 and 18.2i.150 as applicable. 18.22.040 Permit Application and Submittal Requirements A. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city. B. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. C. All documents required for the submission of an electric vehicle charging station application are available on the city website, including a checklist of submittal requirements for expedited review. Unless otherwise specified, the checklist shall be the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook". D. Electronic submittal of the required permit application and documents shall be made available to all electric vehicle charging station permit applicants. The permit application and associated documentation may be submitted to the Building Division in person, by mail, or by electronic submittal together with required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. E. Should this chapter conflict with any permit processing requirements specified in any other chapter of the Carlsbad Municipal Code, this chapter shall take precedence 18.22.050 Permit Review and Issuance A. The Community Development Department shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations. Aug. 17, 2021 Item #5 Page 8 of 72 B. A permit application that satisfies the information requirements in the city's Checklist shall be deemed complete and be promptly processed. C. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. D. Upon confirmation by the Building Official that the permit application and supporting documents meets the adopted Checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. E. The Building Official may require an applicant to apply for a Minor Site Development Plan pursuant to CMC §21.06 if the Building Official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. 18.22.060 1. Such decisions may be appealed to the Planning Commission pursuant to Section 21.54.140. 2. If a Minor Site Development Plan is required, the city may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. 3. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. 4. Any condition imposed on an application shail be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 5. No condition shall be imposed on the Minor Site Development Plan that would require prior approval by an Association. Waiver or Modification of Development Standards_ A. The City Planner, through the processing of a Minor Site Development Plan pursuant to Chapter 21.06, may modify the following development standards for electric vehicle charging stations. 1. Parking standards under Chapter 21.44 Aug. 17, 2021 Item #5 Page 9 of 72 2. Sign standards under Chapter 21.41 B. The modifications specified in Section 18.22.060.A shall not be permitted unless the decision-making authority makes the required findings specified in Section 21.06.020(B). 18.22.070 Electric Vehicle Charging Station Installation Requirements A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules ofthe Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shaU meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered ?I continuous load. D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. 18.22.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. EFFECTIVE DATE OF THIS ORDINANCE: This ordinance shall be effective thirty days after 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. Aug. 17, 2021 Item #5 Page 10 of 72 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17th day of August, 2021, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ____ _, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk Aug. 17, 2021 Item #5 Page 11 of 72 EXHIBIT 2 Aug. 17, 2021 Item #5 Page 12 of 72 Aug. 17, 2021 Item #5 Page 13 of 72 Aug. 17, 2021 Item #5 Page 14 of 72 ~ 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. EXHIBIT 3 Aug. 17, 2021 Item #5 Page 15 of 72 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 Aug. 17, 2021 Item #5 Page 16 of 72 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 Aug. 17, 2021 Item #5 Page 17 of 72 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. Aug. 17, 2021 Item #5 Page 18 of 72 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 Aug. 17, 2021 Item #5 Page 19 of 72 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. Aug. 17, 2021 Item #5 Page 20 of 72 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. Aug. 17, 2021 Item #5 Page 21 of 72 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. Aug. 17, 2021 Item #5 Page 22 of 72 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. Aug. 17, 2021 Item #5 Page 23 of 72 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 Aug. 17, 2021 Item #5 Page 24 of 72 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. Aug. 17, 2021 Item #5 Page 25 of 72 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 Aug. 17, 2021 Item #5 Page 26 of 72 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. Aug. 17, 2021 Item #5 Page 27 of 72 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 Aug. 17, 2021 Item #5 Page 28 of 72 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 Aug. 17, 2021 Item #5 Page 29 of 72 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. Aug. 17, 2021 Item #5 Page 30 of 72 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. Aug. 17, 2021 Item #5 Page 31 of 72 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) Aug. 17, 2021 Item #5 Page 32 of 72 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, Aug. 17, 2021 Item #5 Page 33 of 72 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. Aug. 17, 2021 Item #5 Page 34 of 72 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. Aug. 17, 2021 Item #5 Page 35 of 72 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 Aug. 17, 2021 Item #5 Page 36 of 72 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. Aug. 17, 2021 Item #5 Page 37 of 72 APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney BARB ~EAL) \\\\\1111111//IJ//// ~"'''''e.. CAFi/111/0_ §' 0·'"•'·('\~ ~~ .. ·· ·• .. \I(\\~ (S(~f,) ~ ~,,~ ,: ~ \~,u, ...... · ::: ~"·• .. ' .. •·~* ~ '-~, ........... ~,~-~ ~❖,,,,, ...,/FO~ ,,,,,,-$- '''"""""'"'"' Aug. 17, 2021 Item #5 Page 38 of 72 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. Aug. 17, 2021 Item #5 Page 39 of 72 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. Aug. 17, 2021 Item #5 Page 40 of 72 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. Aug. 17, 2021 Item #5 Page 41 of 72 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 Aug. 17, 2021 Item #5 Page 42 of 72 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, Aug. 17, 2021 Item #5 Page 43 of 72 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 - Aug. 17, 2021 Item #5 Page 44 of 72 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 Aug. 17, 2021 Item #5 Page 45 of 72 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, Aug. 17, 2021 Item #5 Page 46 of 72 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 Aug. 17, 2021 Item #5 Page 47 of 72 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. Aug. 17, 2021 Item #5 Page 48 of 72 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 Aug. 17, 2021 Item #5 Page 49 of 72 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. Aug. 17, 2021 Item #5 Page 50 of 72 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 Aug. 17, 2021 Item #5 Page 51 of 72 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 Aug. 17, 2021 Item #5 Page 52 of 72 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 Aug. 17, 2021 Item #5 Page 53 of 72 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. Aug. 17, 2021 Item #5 Page 54 of 72 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, Aug. 17, 2021 Item #5 Page 55 of 72 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. Aug. 17, 2021 Item #5 Page 56 of 72 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) Aug. 17, 2021 Item #5 Page 57 of 72 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-79-20 WHEREAS the climate change crisis is happening now, impacting California in unprecedented ways, and affecting the health and safety of too many Californians; and WHEREAS we must accelerate our actions to mitigate and adapt to climate change, and more quickly move toward our low-carbon, sustainable and resilient future; and WHEREAS the COVID-19 pandemic has disrupted the entire transportation sector, bringing a sharp decline in demand for fuels and adversely impacting public transportation; and WHEREAS as our economy recovers, we must accelerate the transition to a carbon neutral future that supports the retention and creation of high-road, high-quality jobs; and WHEREAS California's long-term economic resilience requires bold action to eliminate emissions from transportation, which is the largest source of emissions in the State; and WHEREAS the State must prioritize clean transportation solutions that are accessible to all Californians, particularly those who are low-income or experience a disproportionate share of pollution; and WHEREAS zero emissions technologies, especially trucks and equipment, reduce both greenhouse gas emissions and toxic air pollutants that disproportionately burden our disadvantaged communities of color; and WHEREAS California is a world leader in manufacturing and deploying zero-emission vehicles and chargers and fueling stations for cars, trucks, buses and freight-related equipment; and WHEREAS passenger rail, transit, bicycle and pedestrian infrastructure, and micro-mobility options are critical components to the State achieving carbon neutrality and connecting communities, requiring coordination of investments and work with all levels of governments including rail and transit agencies to support these mobility options; and WHEREAS California's policies have contributed to an on-going reduction in in-state oil extraction, which has declined by over 60 percent since 1985, but demand for oil has not correspondingly declined over the same period of time; and WHEREAS California is already working to decarbonize the transportation fuel sector through the Low Carbon Fuel Standard, which recognizes the full life cycle of carbon in transportation emissions including transport into the State; and EXHIBIT 4 Aug. 17, 2021 Item #5 Page 58 of 72 WHEREAS clean renewable fuels play a role as California transitions to a decarbonized transportation sector; and WHEREAS to protect the health and safety of our communities and workers the State must focus on the impacts of oil extraction as it transitions away from fossil fuel, by working to end the issuance of new hydraulic fracturing permits by 2024; and WHEREAS a sustainable and inclusive economic future for California will require retaining and creating high-road, high-quality jobs through sustained engagement with communities, workers and industries in changing and growing industries. NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California by virtue of the power and authority vested in me by the Constitution and the statutes of the State of California, do hereby issue the following Order to pursue actions necessary to combat the climate crisis. IT IS HEREBY ORDERED THAT: 1. It shall be a goal of the State that 100 percent of in-state sales of new passenger cars and trucks will be zero-emission by 2035. It shall be a further goal of the State that 100 percent of medium-and heavy-duty vehicles in the State be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. It shall be further a goal of the State to transition to 100 percent zero-emission off-road vehicles and equipment by 2035 where feasible. 2. The State Air Resources Board, to the extent consistent with State and federal law, shall develop and propose: a) Passenger vehicle and truck regulations requiring increasing volumes of new zero-emission vehicles sold in the State towards the target of 100 percent of in-state sales by 2035. b) Medium-and heavy-duty vehicle regulations requiring increasing volumes of new zero-emission trucks and buses sold and operated in the State towards the target of 100 percent of the fleet transitioning to zero-emission vehicles by 2045 everywhere feasible and for all drayage trucks to be zero­ emission by 2035. c) Strategies, in coordination with other State agencies, U.S. Environmental Protection Agency and local air districts, to achieve 100 percent zero-emission from off-road vehicles and equipment operations in the State by 2035. In implementing this Paragraph, the State Air Resources Board sha ll act consistently with technological feasibility and cost-effectiveness. 3. The Governor's Office of Business and Economic Development, in consultation with the State Air Resources Board, Energy Commission, Public Utilities Commission, State Transportation Agency, the Aug. 17, 2021 Item #5 Page 59 of 72 Department of Finance and other State agencies, local agencies and the private sector, shall develop a Zero-Emissions Vehicle Market Development Strategy by January 31, 2021 , and update every three years thereafter, that: a) Ensures coordinated and expeditious implementation of the system of policies, programs and regulations necessary to achieve the goals and orders established by this Order. b) Outlines State agencies' actions to support new and used zero­ emission vehicle markets for broad accessibility for all Californians. 4. The State Air Resources Board, the Energy Commission, Public Utilities Commission and other relevant State agencies, shall use existing authorities to accelerate deployment of affordable fueling and charging options for zero-emission vehicles, in ways that serve all communities and in particular low-income and disadvantaged communities, consistent with State and federal law. 5. The Energy Commission, in consultation with the State Air Resources Board and the Public Utilities Commission, shall update the biennial statewide assessment of zero-emission vehicle infrastructure required by Assembly Bill 2127 (Chapter 365, Statues of 2018) to support the levels of electric vehicle adoption required by this Order. 6. The State Transportation Agency, the Department of Transportation and the California Transportation Commission, in consultation with the Department of Finance and other State agencies, shall by July 15, 2021 identify near term actions, and investment strategies, to improve clean transportation, sustainable freight and transit options, while continuing a "fix-it-first" approach to our transportation system, including where feasible: a) Building towards an integrated, statewide rail and transit network, consistent with the California State Rail Plan, to provide seamless, affordable multimodal travel options for all. b) Supporting bicycle, pedestrian, and micro-mobility options, particularly in low-income and disadvantaged communities in the State, by incorporating safe and accessible infrastructure into projects where appropriate. c) Supporting light, medium, and heavy duty zero-emission vehicles and infrastructure as part of larger transportation projects, where appropriate. 7. The Labor and Workforce Development Agency and the Office of Planning and Research, in consultation with the Department of Finance and other State agencies, shall develop by July 15, 2021 and expeditiously implement a Just Transition Roadmap, consistent with the recommendations in the "Putting California on the High Road: A Jobs and Climate Action Plan for 2030" report pursuant to Assembly Bill 398 (Chapter 135, Statutes of 2017) . Aug. 17, 2021 Item #5 Page 60 of 72 8. To support the transition away from fossil fuels consistent with the goals established in this Order and California's goal to achieve carbon neutrality by no later than 2045, the California Environmental Protection Agency and the California Natural Resources Agency, in consultation with other State, local and federal agencies, shall expedite regulatory processes to repurpose and transition upstream and downstream oil production facilities, while supporting community participation, labor standards, and protection of public health, safety and the environment. The agencies shall report on progress and provide an action plan, including necessary changes in regulations, laws or resources, by July 15, 2021 . 9. The State Air Resources Board, in consultation with other State agencies, shall develop and propose strategies to continue the State's current efforts to reduce the carbon intensity of fuels beyond 2030 with consideration of the full life cycle of carbon. 10. The California Environmental Protection Agency and the California Natural Resources Agency, in consultation with the Office of Planning and Research, the Department of Finance, the Governor's Office of Business and Economic Development and other local and federal agencies, shall develop strategies, recommendations and actions by July 15, 2021 to manage and expedite the responsible closure and remediation of former oil extraction sites as the State transitions to a carbon-neutral economy. 11. The Department of Conservation's Geologic Energy Management Division and other relevant State agencies shall strictly enforce bonding requirements and other regulations to ensure oil extraction operators are responsible for the proper closure and remediation of their sites. 12.The Department of Conservation's Geologic Energy Management Division shall: a) Propose a significantly strengthened, stringent, science-based health and safety draft rule that protects communities and workers from the impacts of oil extraction activities by December 31, 2020. b) Post on its website for public review and consultation a draft rule at least 60 days before submitting to the Office of Administrative Law. Aug. 17, 2021 Item #5 Page 61 of 72 • IT IS FURTHER ORDERED that as soon as hereafter possi ble, the Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREC>F I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 23rd do of ptember 2020 ATTEST: ALEX PADILLA Secretary of State Aug. 17, 2021 Item #5 Page 62 of 72 This information bulletin describes the permitting process for the installation of an Electric Vehicle Charging Station, pursuant to Carlsbad Municipal Code §18.22 and Govt. Code §65850.7, as amended by AB 1236 in 2015. BACKGROUND An Electric Vehicle Charging Station (EVCS) is, essentially, equipment that connects an electric vehicle to a source of electricity to recharge. EVCS’ can be in the garage of a single- family home for personal use or located in the parking lot of a local shopping center where multiple users can connect. On Oct. 7, 2015 Assembly Bill AB 1236 was signed into law, requiring local jurisdictions to adopt an ordinance that provides for an expedited, streamlined permitting process for EVCS installations. In response, the city amended its code to add Chapter 18.22 to its Building Code, which established an administrative review process for EVCS installations, consistent with AB 1236. Chapter 18.22 works in concert with Carlsbad Municipal Code (CMC) §18.21.140 of the Green Building Standards Code, which establishes the minimum EVCS requirements for new construction and major residential renovation projects. ELIGIBILITY Any EVCS that is designed and built consistent with Article 625 of the CA Electrical Code is eligible for administrative review under this program. Basically, anything that is installed or wired for charging an electrical vehicle is eligible. There are, however, some limited exceptions when an EVCS installation is not eligible for expedited administrative review. Under the city code, if the Building Official finds that an installation may result in a “specific, adverse impact” to the public’s health and safety, approval of an Minor Site Development Plan would be required pursuant to the provisions of CMC §21.06. Examples may include removing safety lighting, blocking pedestrian pathways, locating equipment near sensitive receptors or natural habitat. DEVIATIONS FROM STANDARDS The city understands that citywide development standards may not make sense given site specific conditions. As such, the city’s EVCS code provides applicants with a process to deviate from certain development regulations through approval of a Minor Site Development Plan. Such deviations may include the following: •Reduction in the minimum number of required parking stalls (Note: converting a conventional parking stall into an EVCS parking stall does NOT constitute a reduction in the number of existing parking stalls). •Allowances for reasonably sized electronic advertising signs/displays within the charging units. •Deviations from site design standards. ADMINISTRATIVE APPLICATION PROCESS A complete EVCS application will include the following fillable forms and materials. •Building permit application (Form B-1 for residential installation and Form B-2 for commercial, industrial or mixed-use installation). •Completed checklist for the type of installation proposed (Form B-65A for residential installs, B- 65B for multi-family, and B-65C for commercial, industrial and mixed use). These checklists substantially follow the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Governor’s Office of Planning and Research Zero Emission Vehicles in California: Community Readiness Guidebook and is purposed to augment the guidebook’s checklist. •EVCS design drawings and calculations, including electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits. Documents Referenced Building Permit Application (residential) B-1 Building Permit Application (commercial/mixed use) B-2 Single-Family Install Checklist B-65A Multi-Family Install Checklist; B-65B Non-Residential Installations; B-65C EXHIBIT 5 Aug. 17, 2021 Item #5 Page 63 of 72 • The administrative permit, which is called a “Simple Single or Combination Permit,” costs $193. However, please check the city’s Fee Ordinance for current fee. To expedite review and maximize permit issuance success, applicants are encouraged to first discuss the project with city staff through the department’s Preliminary Review Process (Form P-14). Once ready, the application packet can be submitted to the Building Division either electronically or in person. • If by email, please send completed PDF forms to Building@carlsbadca.gov. Please include “EXPEDITE: EVCS Permit Application” in the subject line; or, • If by fax, please send completed PDF forms to 760-602- 8560. Please include “EXPEDITE: EVCS Permit Application” on the cover sheet; or, • If by person or mail, our address is: Community Development Department - Building Counter, 1635 Faraday Avenue, Carlsbad, CA 92008 The expedited review time for an EVCS permit is typically 2 to 5 business days. Once the application has been approved, the EVCS permit will be emailed to the licensed contractor, owner-builder or authorized agent and construction work can commence. Alternatively, the permit can be picked up at the Faraday office. Following permit review, should the Building Official determine that there are specific, adverse impacts to public health and safety, the applicant shall have 10 days following written determination to appeal the decision to the Planning Commission. SITE DEVELOPMENT PLAN PROCESS If it is determined that the proposed EVCS will result in adverse impacts and/or a deviation from development standards is requested, an application for a Minor Site Development Plan (Form P-2) should be filed. To expedite review and maximize permit issuance success, applicants are encouraged to first discuss the project with city staff through the department’s Preliminary Review Process (Form P-14). The Minor Site Development Permit is considered an administrative permit and a public hearing is not initially required. All property owners within 300 feet of the subject property are informed of the permit and the date the city intends to render its decision on the application. Any person can file an appeal requesting an Administrative Hearing within 10 calendar days before the decision date. If no appeal or strong public opposition is filed, the City Planner can approve the Minor Site Development Permit. UNDERLYING DISCRETIONARY PERMIT In many cases, developments like shopping centers, office complexes and industrial parks have an underlying discretionary permit that regulates ongoing site operations (i.e., conditional use permit, site development permit). In situations where an EVCS is proposed in a development that is regulated by such a permit, the EVCS shall be processed via the administrative application review process described in §18.22. In other words, an amendment to the underlying discretionary permit shall not be required to approve an EVCS --- only a building permit. If, however, the EVCS is determined to result in an adverse impact and/or a deviation from development standards is requested, an application for an amendment to the affected discretionary permit shall be required. OPTIONS FOR SERVICES The City of Carlsbad is committed to aggressively implementing strategies, programs and projects that help reduce emissions of greenhouse gases. Increasing the number of low- or zero-emission vehicles, such as alternative fueled vehicles, hybrids and electric vehicles, is a priority in the city’s Climate Action Plan. Additionally, with the Governor signing an executive order (N-79-20) setting a target of 100% of in-state sales of new passenger vehicles will be zero-emission by 2035, the need for reliable and ready EVCS locations will significantly increase in the coming years. This program is intended to respond to that demand. Should you have any questions regarding this program or have suggestions on how it can improve, please contact the Building Division at 760- 602-2719 or via email at Building@CarlsbadCA.gov Aug. 17, 2021 Item #5 Page 64 of 72 GENERAL The purpose of this checklist is to determine eligibility and clarify the minimum building code requirements when preparing plans and documents for expedited plan review of EV charging stations in compliance with Carlsbad Municipal Code Chapter 18.30 and Government Code Section 65850.7. Project Address: ________________________________________________________________________________ Applicant Signature: ___________________________________________________________________________ Applicant’s Printed Name/Date: ____________________________________________________________________ Type of Charging Station(s) Power Levels (proposed circuit rating) Check One Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps Level 2 – 3.3 kilowatt (Kw) (Low) 208/240 VAC at 20 or 30 Amps Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps Level 2 – 19.2 Kw (highest) 208/240 VAC at 100 Amps Other (provide detail): _____________________________ Provide rating: _________________________________________________ Permit Application Requirements: A.3 sets of plans on 11” x 17” or larger sheets. Site address and designer’s name and contact information on all sheets. Y N B.Title Sheet with scope of work description, applicable building codes and standards. Y N C.Site or Floor Plan showing location, type and mounting height of proposed EVCS, existing and new service panels and sub-panel (show amperage). Y N D.Single-Line Diagram and Panel Schedule. Show size and type of conductors, raceway and circuit breaker(s). Y N E.Show existing/ new lighting switches and other equipment in garage to avoid tripping hazard from EV charging cords. Y N F.Electrical Service Load Calculations per CEC 220. EVCS charging circuit shall be sized for a continuous load of 125%. Y N G.EVCS Manufacture Installation Details and Specifications. Y N Residential Electrical Vehicle Charging Stations Expedited Review Eligibility Checklist B-XX EXHIBIT 6 Aug. 17, 2021 Item #5 Page 65 of 72 INSTRUCTIONS Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate. This checklist is intended for an expedited EVCS permitting process. Submit electronically on the City’s website, or submit (3) sets of hard-copy plans minimum 11” x 17” or larger. To submit electronic plans on the City’s website you must submit a permit application online and upload plans at building@carlsbadca.gov. Please complete this form by checking the appropriate boxes based on information presented on the plans and supporting documentation. If any items are checked “NO”, please revise plans to comply with the eligibility checklist. Otherwise, the permit application may go through the standard plan review and approval process. In most cases, expedited plan review will be performed over the counter during code consultation hours or it may take up to 10 business days to complete expedited review for large and/or complex projects. Plan check staff will determine eligibility for over the counter expedited review at the time of building permit application. PERMIT FEES Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information. INSPECTION PROCEDURES One inspection is required after the new wiring and charger unit is installed. However, additional inspections may be required depending on the scope of work. The building inspector will let you know if there are additional inspections. For each inspection, the Permit Card and Approved Job Copy of the Drawings must be presented to the inspector. The manufacture’s installation guidelines shall be available for the building inspector at the job site during the inspection as well. A representative of the installing contractor must be onsite for all inspections. Permits expire one year after issuance or 180 days after last inspection passed, whichever is the latest. To schedule an inspection, use the Building Division Online Inspection Request at bldginspections@carlsbadca.gov or contact the Building Division at (760) 602-2700. Aug. 17, 2021 Item #5 Page 66 of 72 GENERAL The purpose of this checklist is to determine eligibility and clarify the minimum building code requirements when preparing plans and documents for expedited plan review of EV charging stations in compliance with Carlsbad Municipal Code Chapter 18.30 and Government Code Section 65850.7. Type of Charging Station(s) Power Levels (proposed circuit rating) Check One Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps Level 2 – 3.3 kilowatt (Kw) (Low) 208/240 VAC at 20 or 30 Amps Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps Level 2 – 19.2 Kw (highest) 208/240 VAC at 100 Amps Other (provide detail): _____________________________ Provide rating: _________________________________________________ Permit Application Requirements: A. Does the application include EVCS manufacture’s specs and installation guidelines? Y N Electrical Load Calculation Worksheet: A. Is an electrical load calculation worksheet included? (CEC 220) Y N B. Based on the load calculation worksheet, is a new electrical service panel upgrade required? Y N C. Is the charging circuit appropriately sized for a continuous load of 125%? Y N D. If charging equipment proposed is a Level 2 – 9 kW station with a circuit rating of 50 amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? Y N Site Plan and Single Line Drawing: A. Is a site plan and separate electrical plan with single-line diagram included with the permit application? Y N 1) If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625,29 {D}), is mechanical plan included with the permit application? Y N B. Is the site fully dimensioned and drawn to scale? Y N 1) Showing location, size, and use of all structures Y N 2) Showing location of electrical panel to charging system Y N 3) Showing type of charging system and mounting Y N Multi-Family Electrical Vehicle Charging Stations Expedited Review Eligibility Checklist B-XX Aug. 17, 2021 Item #5 Page 67 of 72 Project Address: ________________________________________________________________________________ Applicant Signature: ___________________________________________________________________________ Applicant’s Printed Name/Date: ____________________________________________________________________ Compliance with the 2019 California Electrical Code: A. Does the application include EVCS manufacture’s specs and installation guidelines? Y N B. Does the electrical plan identify the amperage and location of existing electrical service panel? Y N 1) If yes, does the existing panel schedule show room for additional breakers? Y N C. Is the charging unit rated more than 60 amps or more than 150 V to ground? Y N 1) If yes, are disconnecting mean provided in a readily accessible location in line of site and within 50’ of EVCS. (CEC 625.23) Y N D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing mark? (UL 2202/UL 2200) Y N E. If trenching is required, is the trenching detail called out? Y N 1) Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225) Y N 2) Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300) Y N Compliance with 2019 California Green Building Standards Code (CGBSC): A. Does the CAL Green EV Readiness installation requirements apply to this project? Y N 1) Do the plans demonstrate conformance with mandatory measures for 10% of the total number of parking spaces, for new multifamily dwellings that must be EV capable (4.106.4.2) Y N 2) Do the construction documents indicate the location of the proposed EV spaces where at least one is located in common use areas and available for use by all residents (4.106.4.2.1) Y N 3) 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: a. The EV space shall be located adjacent to a accessible parking space that complies with CBC Chapter 11-A, to allow use of the EV charger from the accessible parking space. b. The EV space shall be located on an accessible route, as defined by CBC, Chapter 2, to the building. Exception: EVCS designed and constructed in compliance with CBC, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3. Y N Aug. 17, 2021 Item #5 Page 68 of 72 INSTRUCTIONS Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate. This checklist is intended for an expedited EVCS permitting process. Submit electronically on the City’s website, or submit (3) sets of hard-copy plans minimum 11” x 17” or larger. To submit electronic plans on the City’s website you must submit a permit application online and upload plans at building@carlsbadca.gov. Please complete this form by checking the appropriate boxes based on information presented on the plans and supporting documentation. If any items are checked “NO”, please revise plans to comply with the eligibility checklist. Otherwise, the permit application may go through the standard plan review and approval process. In most cases, expedited plan review will be performed over the counter during code consultation hours or it may take up to 10 business days to complete expedited review for large and/or complex projects. Plan check staff will determine eligibility for over the counter expedited review at the time of building permit application. PERMIT FEES Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information. INSPECTION PROCEDURES One inspection is required after the new wiring and charger unit is installed. However, additional inspections may be required depending on the scope of work. The building inspector will let you know if there are additional inspections. For each inspection, the Permit Card and Approved Job Copy of the Drawings must be presented to the inspector. The manufacture’s installation guidelines shall be available for the building inspector at the job site during the inspection as well. A representative of the installing contractor must be onsite for all inspections. Permits expire one year after issuance or 180 days after last inspection passed, whichever is the latest. To schedule an inspection, use the Building Division Online Inspection Request at bldginspections@carlsbadca.gov or contact the Building Division at (760) 602-2700. Aug. 17, 2021 Item #5 Page 69 of 72 GENERAL The purpose of this checklist is to determine eligibility and clarify the minimum building code requirements when preparing plans and documents for expedited plan review of EV charging stations in compliance with Carlsbad Municipal Code Chapter 18.30 and Government Code Section 65850.7. Type of Charging Station(s) Power Levels (proposed circuit rating) Check One Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps Level 2 – 3.3 kilowatt (Kw) (Low) 208/240 VAC at 20 or 30 Amps Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps Level 2 – 19.2 Kw (highest) 208/240 VAC at 100 Amps Other (provide detail): _____________________________ Provide rating: _________________________________________________ Permit Application Requirements: A.Does the application include EVCS manufacture’s specs and installation guidelines? Y N Electrical Load Calculation Worksheet: A.Is an electrical load calculation worksheet included? (CEC 220) Y N B.Based on the load calculation worksheet, is a new electrical service panel upgrade required? Y N 1) If yes, do plans include electrical service panel upgrade? Y N C.Is the charging circuit appropriately sized for a continuous load of 125%? Y N D.If charging equipment proposed is a Level 2 – 9 kW station with a circuit rating of 50 amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? Y N Site Plan and Single Line Drawing: A.Is a site plan and separate electrical plan with single-line diagram included with the permit application? Y N 1) If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625,29 {D}), is mechanical plan included with the permit application? Y N B.Is the site fully dimensioned and drawn to scale? Y N 1) Showing location, size, and use of all structures Y N 2) Showing location of electrical panel to charging system Y N 3) Showing type of charging system and mounting Y N Non-Residential Electrical Vehicle Charging Stations Expedited Review Eligibility Checklist B-XX Aug. 17, 2021 Item #5 Page 70 of 72 Project Address: ________________________________________________________________________________ Applicant Signature: ___________________________________________________________________________ Applicant’s Printed Name/Date: ____________________________________________________________________ Compliance with the 2019 California Electrical Code: A. Does the application include EVCS manufacture’s specs and installation guidelines? Y N B. Does the electrical plan identify the amperage and location of existing electrical service panel? Y N 1) If yes, does the existing panel schedule show room for additional breakers? Y N C. Is the charging unit rated more than 60 amps or more than 150 V to ground? Y N 1) If yes, are disconnecting mean provided in a readily accessible location in line of site and within 50’ of EVCS. (CED 625.23) Y N D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing mark? (UL 2202/UL 2200) Y N E. If trenching is required, is the trenching detail called out? Y N 1) Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225) Y N 2) Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300) Y N Compliance with 2019 California Green Building Standards Code (CGBSC): A. Does the CAL Green EV Readiness installation requirements apply to this project? Y N 1) Do the plans demonstrate conformance with CGBSC Table 5.106.5.3.3 for the minimum required number of charging spaces? Y N 2) Do the construction plans comply with the design requirements set forth in CGBSC 5.106.5.3.1 for single charging spaces or CGBSC 5.106.5.3.2 for multiple charging spaces? Y N Compliance with 2019 California Building Code, Chapter 11-B Accessibility Features: A. Do the plans clearly depict al required accessible EVCS features for the disabled? Y N 1) Do the plans identify the correct number and type of accessible EVCS stalls required in accordance with Table 11B-228.3.2.1? Y N 2) Do the plans detail compliance with the accessible EVCS features required by CBC 11B-812 and Figure 11B-812.9? Y N Aug. 17, 2021 Item #5 Page 71 of 72 INSTRUCTIONS Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate. This checklist is intended for an expedited EVCS permitting process. Submit electronically on the City’s website, or submit (3) sets of hard-copy plans minimum 11” x 17” or larger. To submit electronic plans on the City’s website you must submit a permit application online and upload plans at building@carlsbadca.gov. Please complete this form by checking the appropriate boxes based on information presented on the plans and supporting documentation. If any items are checked “NO”, please revise plans to comply with the eligibility checklist. Otherwise, the permit application may go through the standard plan review and approval process. In most cases, expedited plan review will be performed over the counter during code consultation hours or it may take up to 10 business days to complete expedited review for large and/or complex projects. Plan check staff will determine eligibility for over the counter expedited review at the time of building permit application. PERMIT FEES Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information. INSPECTION PROCEDURES One inspection is required after the new wiring and charger unit is installed. However, additional inspections may be required depending on the scope of work. The building inspector will let you know if there are additional inspections. For each inspection, the Permit Card and Approved Job Copy of the Drawings must be presented to the inspector. The manufacture’s installation guidelines shall be available for the building inspector at the job site during the inspection as well. A representative of the installing contractor must be onsite for all inspections. Permits expire one year after issuance or 180 days after last inspection passed, whichever is the latest. To schedule an inspection, use the Building Division Online Inspection Request at bldginspections@carlsbadca.gov or contact the Building Division at (760) 602-2700. Aug. 17, 2021 Item #5 Page 72 of 72 Streamlining the Permit Review of Electronic Vehicle Charging Stations Jeff Murphy, Director Community Development Aug. 17, 2021 {city of Carlsbad Why change is needed Be consistent with state law (AB 1236) Memorialize current practices Help achieve state’s zero-emission targets Consistent with the city’s Climate Action Plan Improves efficiencies and transparency EVCS Streamlining {city of Carlsbad PROPOSED ORDINANCE •Ministerial “by-right” permit review process •Aggressive turn-around times (2 –5 days) •Online electronic submittal system •Low-cost fee ($175) {city of Carlsbad Streamlining the Permit Review of Electronic Vehicle Charging Stations Jeff Murphy, Director Community Development Aug. 17, 2021 •Deviations for parking standards •Deviations for signs •Address identified health/safety issues Discretionary Process {city of Carlsbad Easy to Ready Information Bulletins EVCS Streamlining If it is d'eterrn;ned that rhe Proposed EVC,S wm re.suit in adverse impacts and'/or a de\liar;on from development standards. is requenec,, an appJicat/on for a Minor Site Deve/oprnent Plan (Form ~ Shou/d be filed. To e"Pedite review and fl"laJO,n;ze Permit rmit is considerec, an ring is nor initially et of the subject e the city YPersan Hearing an Underlying discretionary Permit tllat reg,ulates ongoing site Operations (i.e., conditional development Permit). Shou/c, You have any questions regarding this Pro:ra,n or have suggestions on how it can improve, Please contact the Building Division at 750_ 602-2719 or via erna;/ at Bui/ding@Carlsbad'CA.gov {city of Carlsbad Easy to Use Submittal Checklists EVCS Streamlining {city of Carlsbad RECOMMENDATION Introduce ordinance adding Chapter 18.22 –Electric Vehicle Charging Station {city of Carlsbad Streamlining the Permit Review of Electronic Vehicle Charging Stations Jeff Murphy, Director Community Development Aug. 17, 2021 {city of Carlsbad EVCS Streamlining CA GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT https://business.ca.gov/industries/zero-emission-vehicles/plug-in-readiness/ 4mf -117_169 33_106 Degrees lrliddF.m Meadt,ws 011il01i0 {city of Carlsbad EVCS Streamlining CA GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT https://business.ca.gov/industries/zero-emission-vehicles/plug-in-readiness/ 4mf -117_169 33_106 Degrees lrliddF.m Meadt,ws 011il01i0 {city of Carlsbad