AGENDA PACKET
Town of Atherton
City Council
OCTOBER 30, 2024
SPECIAL MEETING
4:00 PM
Council Chambers
80 Fair Oaks Lane, Atherton, CA 94027
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This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
SPECIAL MEETING
ROLL CALL – Holland, DeGolia, Widmer, Vice Mayor Lewis, Mayor HawkinsManuelian PUBLIC COMMENT – Public Comments can be emailed directly to [email protected]
As a Special Meeting, Public Comment is limited to items that are on the Agenda. Speakers’ time is limited to three minutes. Speakers may also speak when the item comes up on the Agenda during the meeting.
SPECIAL MEETING ITEMS
1. DISCUSSION AND REVIEW OF THE 2025 TOWN OF ATHERTON EARTH DAY EVENT
Report: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
Recommendation: Discuss and provide direction on the proposed highlight activity for the 2025 Earth Day Event, scheduled for Sunday, April 27, 2025, with the theme Protect Our Species.
Description: Each April, the Town of Atherton celebrates Earth Day with community events focused on sustainability and climate action. Staff are leading planning efforts for 2025 and the Environmental Programs Committee is tasked with selecting a main highlighting activity.
2. CONSIDERATION AND DISCUSSION OF AN ORDINANCE TO REVISE THE ATHERTON MUNICIPAL CODE SECTION 15.19.30 REACH CODES.
Report: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
Recommendation: Staff recommends that the City Council review and discuss an Ordinance makingamendmentstoChapter15.19oftheAthertonMunicipalCodetoenhanceelectricready Meeting Agenda Packet – October 30, 2024
Recommendation: Discuss and provide direction on the proposed highlight activity for the 2025 Earth Day Event, scheduled for Sunday, April 27, 2025, with the theme Protect Our Species.
Description: Each April, the Town of Atherton celebrates Earth Day with community events focused on sustainability and climate action. Staff are leading planning efforts for 2025 and the Environmental Programs Committee is tasked with selecting a main highlighting activity.
2. CONSIDERATION AND DISCUSSION OF AN ORDINANCE TO REVISE THE ATHERTON MUNICIPAL CODE SECTION 15.19.30 REACH CODES.
Report: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
Recommendation: Staff recommends that the City Council review and discuss an Ordinance making amendments to Chapter 15.19 of the Atherton Municipal Code to enhance electricready requirements for new construction and major alterations, and provide policy direction on outdoor gas appliances currently exempt from these provisions. Staff is seeking Council feedback and direction.
Description: During a February 26, 2024, Study Session, the City Council reviewed two options for enhancing sustainability standards: the Energy Performance approach, which focused on decarbonizing buildings while allowing natural gas appliances, and the Electric Readiness approach, which requires installing electrical infrastructure to prepare for future electrification; Council supported the Electric Readiness approach due to its flexibility, simpler implementation, and fewer regulatory hurdles.
COUNCIL REPORTS/COMMENTS
ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:
If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the Town at, or prior to, the public hearing. Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period.
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting.
Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 7520500. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF
35.104 ADA Title II)
Public Comments:
The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.
Meeting Agenda Packet – October 30, 2024
Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 7520500. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF
35.104 ADA Title II)
Public Comments:
The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.
Speakers found in violation of this rule of procedure may be removed from the meeting.
Rules of Decorum:
No person participating in a public meeting shall engage in disorderly or boisterous conduct — including but not limited to applause, whistling, feet stamping, booing or making any loud, threatening, profane, abusive, personal, impertinent or slanderous uttering or comments. No person is allowed to disturb, disrupt, or otherwise impede the orderly conduct of the meeting.
If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts or otherwise impedes the orderly conduct of the meeting following an order from the Mayor, or Presiding Officer, to cease the offending conduct, the Mayor, or Presiding Officer, may order that person to leave the meeting.
Meeting Agenda Packet – October 30, 2024
STAFF REPORT – REGULAR AGENDA
TO: CITY COUNCIL
FROM: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
DATE: OCTOBER 30, 2024
SUBJECT: DISCUSSION AND DIRECTION REGARDING THE 2025 EARTH
DAY EVENT
RECOMMENDATION
Discuss and provide direction on the main activity for the 2025 Earth Day Event, scheduled for Sunday, April 27, 2025, with the theme "Protect Our Species."
BACKGROUND
Every year in April, the Town honors Earth Day as a community event, locally or regionally. The Environmental Programs Committee (EPC) has historically assisted staff in planning and facilitating an Earth Day Event that is designed to engage and educate the community on sustainability and climate-related topics as well as promote the goals of the Town’s Climate Action Plan (CAP). In April 2022, the EPC hosted an Earth Day Event at Holbrook-Palmer Park that included 35 vendors and over 300 attendees. Additionally, neighboring jurisdictions came together to host a We Love Earth Festival in Menlo Park which included similar activities and vendors as Atherton’s Earth Day Event.
In April 2023, the Town co-hosted the Love Our Earth Festival, a collaborative event sponsored by a coalition of Peninsula cities and community-based organizations, including Acterra, 350 Silicon Valley, Menlo Spark, and the cities of East Palo Alto, Menlo Park, Palo Alto, and Atherton.
The festival took place at Menlo-Atherton High School, attracting a diverse crowd and offering a wide array of activities designed to educate attendees on climate action. The event featured a green vendor fair, electric vehicle and e-bike showcases, sustainable and vegan food vendors, and interactive exhibits for children. The festival was a significant success, emphasizing community collaboration in addressing the climate crisis.
In April 2024, the Town returned to the Park and hosted the Atherton Earth Day Festival. This event focused on celebrating the environment through educational exhibits, green technology demonstrations, and plant-based food offerings. The festival provided a platform for the community to engage with eco-friendly practices and promoted sustainable living through interactive activities and vendor showcases. The EPC played a crucial role in organizing the event.
Item No. 1
Town of Atherton
Earth Day 2025
October 30, 2024
For 2025, the Council directed that staff take the lead on event planning and organizing; and tasked the EPC with identifying the main highlighting activity for the event (e.g. animal zoo, sheep vs lawnmower, leaf blower competition and/or other family friendly activities or demonstrations).
The Council set the budget for the 2025 event at $10,000.
ANALYSIS
For the 2025 event, staff is responsible for keeping the EPC informed of event planning activities and have met with the EPC Chair, who is the sole member of the Earth Day subcommittee, to provide updates on staff’s progress and talk through ideas for the main activity. At this October check-in with the EPC Chair, a potential list of vendors was expanded in hopes of having one of the participating vendors be able to provide the main highlighting activity of the event with our support.
As of October 2024, the following pre-planning activities have been completed. - Posted a “Save the Date” in the Fall Athertonian
- Posted the event on the Town Calendar
- Drafted a Volunteers Frequently Asked Questions (FAQ) - Drafted a Vendors FAQ
- Created a Vendor Interest Form
- Drafted and researched a potential list of vendors to invite to fill out our Vendor Interest Form
o Vendors will be emailed in October/November and as needed - Began discussing volunteer recruitment and management o Recruitment at Schools and on Town platforms to begin in December 2024 To ensure the success of the 2025 Earth Day Event, several key factors need to be considered, particularly around budget management, effective communication, and coordination with the EPC, as well as volunteer recruitment and management.
1. Logistical and Budget Considerations
One of the primary logistical challenges for the event is balancing the costs of the main highlight activity with the broader event budget. Staff has already initiated efforts to reserve three food trucks, which may require the Town to cover the difference if minimum sales thresholds aren’t met. The 2024 Earth Day Festival revealed issues with signage, an area where staff aims to make improvements for 2025 by allocating more of the budget towards better directional and informational signage. Ensuring that the main activity doesn’t consume a significant portion of the budget is essential to accommodate these logistical requirements, while also funding other aspects of the event such as vendor fees, volunteer support, and interactive exhibits.
2. Coordination with EPC & Identification of the Main HighlightingActivity Coordination between staff and the EPC is well underway. Monthly check-ins between staff and the EPC Chair, initiated in October 2024, provide regular updates on planning progress and allow
Earth Day 2025
October 30, 2024
for discussions on the main activity and other EPC-related priorities. However, scheduling a special EPC meeting to specifically discuss the main activity has faced challenges due to quorum issues. Moving forward, maintaining regular communication will be crucial to align on key decisions and ensure that the EPC’s expectations for the main highlighting activity are met in a timely manner. At this time, the EPC as a group has not collaborated on a main activity for recommendation to the Council.
3. Volunteer Recruitment and Management
Another key part of ensuring the success of the event is effective volunteer recruitment and management. Staff has engaged an intern to assist with planning and has outlined initial plans to begin volunteer recruitment in December 2024. Recruitment strategies will focus on local schools, colleges, and universities. Although volunteer management strategies are still in the draft stage, this early engagement allows for a robust volunteer program to be developed, which is vital for the event’s execution. Given the 60+ volunteers involved in the 2024 event, careful management will be necessary to ensure similar participation and engagement levels in 2025.
4. Fostering Community Participation
Building on past successes, fostering community participation is an integral strategy for both the planning and execution phases. The community's role in promoting the event and sharing ideas is critical for its success. By involving key stakeholders and expanding the vendor list, staff and the EPC can encourage wider community support and engagement. Additionally, promoting collaboration between town partners, local vendors, and affiliated groups will enhance the event’s outreach and impact, ensuring that it continues to reflect the values of sustainability and environmental consciousness.
CONCLUSION
Careful budget management, continuous EPC coordination, effective volunteer engagement, and broad community involvement are all necessary to ensure a successful 2025 Earth Day Event. Staff has made progress on these fronts but will need to finalize certain strategies, particularly around volunteer management and EPC involvement, to ensure that the event meets its objectives.
FISCAL IMPACT
The Fiscal Year 2024/25 Budget includes funding for an Earth Day event in the amount of $10,000, inclusive of the budget amendment by the Council in September 2024.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal F – Be Forward-Thinking, Well-Managed and Well-Planned
Earth Day 2025
October 30, 2024
POLICY FOCUS
None.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
ATTACHMENTS
None.
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
DATE: OCTOBER 30, 2024
SUBJECT: DISCUSSION OF ELECTRIC READINESS ORDINANCE
AMENDING SECTION 15.19.030 OF THE ATHERTON
MUNICIPAL CODE
CEQA: Adoption of the Ordinance is not subject environmental review under the California Environmental Quality Act (CEQA) in that it is categorically exempt under the CEQA Guidelines, Section 15308, Actions by Regulatory Agencies to Protect the Environment.
RECOMMENDATION
Staff recommends that the City Council review and discuss an ordinance that would amend Chapter 15.19 of the Atherton Municipal Code relating to the 2022 California Green Building Standards Code along with local modifications that enhance electric-ready requirements for new construction and major alterations; and provide policy direction to staff regarding outdoor gas appliances, such as grills and barbeques, which are not regulated by the Energy Policy and Conservation Act (EPCA) and are currently exempt from the electric-ready provisions.
BACKGROUND
The Town adopted the 2022 California Green Building Standards Code (CALGreen), as outlined in Chapter 15.19 of the Atherton Municipal Code, which regulates construction practices to improve public health, safety, and general welfare by promoting sustainable building practices.
The current code integrates environmentally responsible standards, including energy efficiency measures, and applies to all new buildings and major alterations within the Town.
Since adoption, the Council discussed various enhancements to the standards by introducing local amendments that require electric readiness. These amendments ensure that new homes and applicable renovations are prepared for future electrification, aligning with both State and regional efforts to reduce reliance on natural gas and support the transition to all-electric buildings. Council also directed that staff continue focus on next steps within the Town’s Climate Action Plan, which includes furthering electric readiness in new construction and as part of significant home renovations.
During a February 26, 2024, Study Session, the City Council reviewed various options for implementing these enhancements. Two primary approaches were presented:
Item No. 2
Town of Atherton
1. Energy Performance Approach: This option focused on decarbonizing buildings by regulating energy performance under the energy code while still allowing the use of natural gas appliances. It was designed in response to the California Restaurant Association v. City of Berkeley ruling.
2. Electric Readiness Measures: This approach requires the installation of electrical infrastructure (e.g., wiring for future electric appliances) but does not mandate the immediate switch to electric appliances. It prepares buildings for future electrification at the most cost-effective stages—during new construction or significant renovations.
Although the Energy Performance approach was explored, the Council raised concerns about the complexities and timeline associated with it. This approach requires approval from the California Energy Commission (CEC), a process that can take several months. After further investigation, staff found that the 2025 Energy Code will increase prescriptive requirements, rendering the pointbased performance approach less applicable for single-family buildings in Town. Staff does not recommend pursuing the point-based Energy Performance approach. Instead, staff recommends focusing on the Electric Readiness requirements.
The Electric Readiness Approach can be adopted quickly without requiring a CEC costeffectiveness approval. Though this approach doesn’t immediately reduce greenhouse gas emissions, it lays the groundwork for more seamless and affordable future electrification, aligning with upcoming regulatory changes such as the Bay Area Air Quality Management District’s (BAAQMD) 2027 and 2029 rules mandating zero-NOx appliance installations.
Council expressed support for the Electric Readiness approach, as it offered greater flexibility and is simpler to implement without immediate regulatory hurdles. Council specifically suggested including pool heaters for new construction (Table 2) and requested a detailed list of Electric Readiness requirements for existing buildings (Table 1). The Council also recommended determining appropriate electrical outlet types (e.g., 120V versus 240V) for various applications.
Reach Code Updates from Neighboring Cities:
• Brisbane has approved a Reach Code focusing on energy performance and increasing electric vehicle (EV) charger installations to support decarbonization efforts. • East Palo Alto recently passed an energy performance code that prioritizes electrification while expanding EV infrastructure across the city.
• Hillsborough is no longer enforcing portions of their Energy Reach Code, including the requirements for electric-only space and water heating in new residential construction.
Starting January 1, 2023, all projects that are submitted for building, plumbing, electrical and mechanical permits will be required to comply with the 2022 California Code of Regulations Title 24.
• Los Altos Hills’ Reach Codes apply to all newly constructed buildings, detached ADUs, and detached habitable structures, mandating that they be all-electric. In addition, singlefamily homes must provide one EV Ready parking space per dwelling unit. As part of the 2023 Code update cycle, the Town expanded the reach codes to include substantial remodels, focusing on zero NOx emissions for new and significantly altered existing structures.
• Los Gatos has implemented an all-electric reach code for new construction, effective December 17, 2019, mandating electrification for all single-family and low-rise multifamily buildings.
• Menlo Park has implemented Reach Codes aligned with its Climate Action Plan (CAP), emphasizing electric readiness in new developments and retrofits, with a strong focus on EV charging infrastructure.
• Millbrae is moving forward with new Reach Code initiatives that include electrification of buildings and a loaner program to support electric cooktops in residences. • Palo Alto implemented new Energy Reach Code requirements on October 4, 2024, mandating that new buildings and substantial remodels achieve a higher source energy compliance than the State Code and comply with electric readiness requirements. This includes requiring a Certified Energy Analyst for projects, pre-wiring for future electrical appliances when gas appliances are installed, and specific source energy compliance margins based on building type, such as exceeding standard requirements by at least 8 points for new single-family homes and 10% for new office and mercantile buildings. • Redwood City has suspended enforcement of its Reach Codes at this time. • South San Francisco has adopted Reach Codes that enhance building electrification efforts by requiring electric infrastructure readiness in new construction and major alterations.
ANALYSIS
Staff has crafted suggestions for ordinance amendments in response to the Council’s direction to address electric readiness standards and update existing ordinances. These amendments align with the Electric Readiness Model Reach Code, developed collaboratively with Peninsula Clean Energy (PCE) and Silicon Valley Clean Energy (SVCE). The ordinance aims to prepare all new residential buildings, and certain major alterations, for future electric appliance installations, such as heat pumps, electric water heaters, cooktops, and clothes dryers.
Under the Town's existing ordinance, electric readiness requirements only apply to projects that increase a building’s conditioned area, volume, or size, primarily impacting newly constructed homes and expansions. Existing non-residential buildings, including commercial spaces and the Public Facilities and Schools District (PFS), fall under a separate category addressed in the current ordinance, which remains unchanged. However, the nonresidential requirements could also be revised to address new construction similarly to the new construction regulations for residential properties. There are no requirements for existing nonresidential buildings.
The amendments would broaden electric readiness requirements to apply to a wider range of projects beyond expansions—specifically, all additions and alterations requiring an electrical permit. By adjusting Section 4.106.5.2 to capture these projects, the ordinance ensures that homes undergoing significant renovations (such as kitchens, laundry rooms, or utility spaces) are equipped with necessary electrical infrastructure for future electrification. This incremental approach is both financially feasible and minimizes the burden for homeowners, as it encourages readiness at the point of renovation without mandating immediate appliance replacements. Projects requiring electrical service upgrades are exempt from this requirement, unless such upgrades are already part of the renovation.
Table 1 below outlines applicable project types, the potential Electric Readiness requirements, and the estimated cost to meet electric readiness.
Table 1: Requirements for Existing Buildings and Renovations Project Type Requirement/Description Estimated Additional Cost for Electric Readiness
Panel/Service Upgrade (part of a
larger project)
If the project includes a new
electrical panel and electrical
service upgrade, the building
electrical system shall be sized to
meet the future electric
requirements.
$0
Panel/Service Upgrade
If a homeowner upgrades their
panel, they will be required to have
electric readiness for future electric
water heating and space heaters.
$1,000 - $2,000
Kitchen Renovations
If a homeowner is upgrading their
kitchen, readiness must be provided
for a future electric cooktop, even if
the current appliance remains gaspowered.
$500 - $1,000
Laundry Room Renovations
If a homeowner is upgrading their
laundry room, readiness must be
provided for a future electric
clothes dryer.
$500 - $1,000
Utility Room Renovations
Readiness must be provided for
electric water heating and space
heaters.
$1,000 - $2,000
For new single-family and multifamily dwellings, the amendments would add requirements for Electric Readiness, in addition to the 2022 Energy Code requirements, for space heaters, water heaters, cooktops, clothes dryers, and energy storage systems.
The amendments also propose optional provisions to extend Electric Readiness requirements to new construction projects and their all gas/propane appliances, such as grills, pool heaters, and fireplaces. Although these items are currently exempt under the Energy Policy and Conservation Act (EPCA), including them in the ordinance would align with the Town's sustainability goals and promote broader environmental stewardship.
Table 2: Requirements for New Construction
Existing &
Proposed
Code
Requirement Description
Existing Reach
Code /
CALGreen
Requirements
Heat Pump Water Heater
Ready
Electrical infrastructure must be installed to accommodate a future heat pump water heater
Heat Pump Space Heater
Ready
Electrical infrastructure must be installed to support a future heat pump space heater.
Electric Cooktop Ready Electrical wiring for an electric cooktop must be provided, even if a gas cooktop is initially installed.
Electric Clothes Dryer Ready Electrical infrastructure (240V outlet) must be installed for a future electric clothes dryer.
Energy Storage System Ready Wiring and infrastructure to support a future energy storage system (e.g., battery backup) must be included.
Proposed
Reach Code
(OPTIONAL)
All Gas/Propane Appliance
Electric Readiness
Electrical readiness must be provided for all gas or propane appliances, the most common examples include:
• Outdoor Cooking Appliances (e.g., grills, BBQs)
• Pool and Spa Heating Equipment
• Indoor and Outdoor Fireplaces
Generators are exempt*
These requirements ensure that all newly constructed homes are fully prepared for future electrification, minimizing the cost and complexity of retrofitting down the line. The Council's direction is sought on whether all gas/propane appliances should remain exempt or be included in future electrification efforts.
Staff and a representative from TRC, the Town’s consultant team, are present to answer any questions the Council may have. Ultimately, the objective is to obtain Council feedback that is sufficient for staff to craft an ordinance for introduction at the November 20, 2024, Council meeting.
CONCLUSION
The proposed Ordinance amendments, centered around Electric Readiness, provide a practical approach to prepare new construction and major renovations for future electrification, in line with evolving state and regional policies. By focusing on infrastructure improvements at the earliest and least-cost stages, the Town positions itself to meet upcoming decarbonization mandates while reducing long-term retrofit costs for homeowners. The inclusion of additional electric-ready requirements for all gas/propane appliances aligns with the Town’s broader sustainability and public health goals. These measures will help ensure that Atherton is well-prepared for the state’s transition to cleaner, all-electric buildings, offering flexibility for residents and developers while promoting healthier, more energy-efficient homes.
During this meeting session, Council’s feedback on specific elements to include in the ordinance will help guide its final structure. A formal ordinance reflecting this input will be introduced in November for initial consideration and first reading, incorporating any necessary adjustments based on Council’s direction.
FISCAL IMPACT
The adoption of the Reach Code Ordinance will have minimal fiscal and resource impacts on the Town. Costs associated with implementing the new ordinance will include staff training, the development of updated informational materials, and public outreach efforts to inform residents and developers of the new requirements. These expenses are expected to be modest and can be absorbed within the Town’s existing budget allocations. No additional funding or resources are anticipated to be necessary for the successful implementation of the ordinance.
GOAL ALIGNMENT
This report and its contents are in alignment with the following Council Policy Goals:
• Goal D – Enhance Environmental Sustainability
• Goal F – Be Forward-Thinking, Well-Managed and Well-Planned
POLICY FOCUS
The Council’s direction is needed regarding the future policy consideration of outdoor gas appliances, such as grills and fireplaces, which are currently not regulated in the 2022 Energy Code). These appliances, while unregulated at the federal level, present an opportunity for the Town to address sustainability goals and align with broader electrification efforts. The Council should consider whether to maintain the current exemptions or explore including outdoor gas appliances in future electrification mandates.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically.
ATTACHMENTS
1. Ch. 15.19 Green Building Code of the Atherton Municipal Code
2. Proposed Ordinance Language to Revise Section 15.19.030
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON REPEALING AND RE-ENACTING SECTION 15.19.030 OF THE ATHERTON
MUNICIPAL CODE
WHEREAS, the Town of Atherton ("Town") has adopted the 2022 California Green Building Code, and
WHEREAS, the ruling in California Restaurant Association v. City of Berkeley limits how the Town can regulate fuel sources in new buildings; and WHEREAS, the Town now wishes to revise Section 15.19.030 of the Atherton Municipal Code to be consistent with legal requirements imposed by the City of Berkeley decision; The City Council of the Town of Atherton does hereby ordain as follows:
Section 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to repeal and re-enact Section 15.19.030, related to the Town's Green Building Code to make it consistent with federal law as clarified in the City of Berkeley decision.
Section 2. REPEAL AND REENACTMENT OF ATHERTON MUNICIPAL CODE SECTION 15.19.030
Section 15.19.030 is hereby repealed and re-enacted to read as follows:
Part 11 – California Green Building Code (CALGreen)
CHAPTER 2 DEFINITIONS
ADDITION. An extension or increase in floor area of an existing building or structure.
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural or manufactured, including liquefied petroleum, or a mixture thereof.
NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations, or repairs.
CHAPTER 4 – RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN
SECTION 4.106
SITE DEVELOPMENT
4.106.5 Readiness to become all-electric buildings. New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction. All newly constructed buildings and Accessory Dwelling Units, Guest Houses and Pool Houses shall be ready to become all-electric buildings.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Residential Buildings may contain non-electric indoor and outdoor cooking appliances, fireplaces, and outdoor firepits.
2. [repealed]
3. Emergency Generators may utilize fuel gas.
[repealed]4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed under Sections 4.106.5 or 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical
Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT
5.106.13 Readiness to become all-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or 5.106.13.2 so that they are ready to facilitate future electrification.
5.106.13.1. New construction. All newly constructed nonresidential buildings shall be ready to become all-electric buildings.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may install commercial food heatprocessing equipment served by fuel gas.
The applicant shall comply with Section 5.106.13.2.
2. [repealed]
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Sections 5.106.13 or 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
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ATTACHMENT 2
ORDINANCE NO. 66X
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE
WHEREAS, the City Council has adopted the California Green Building Standards in November 2022 amending Chapter 15.19 of the Atherton Municipal Code; and WHEREAS, on February 26, 2024, City Council Study Session where staff recommended amending Ordinance 656 removing electrification requirements from Chapter
15.19; and
WHEREAS, the Town wishes to reduce fossil fuel use in residential and commercial new construction; and
WHEREAS, the Town reserves the authority to regulate building code within Town limits to provide for the welfare of its residents by reducing fossil fuel usage; and
NOW THEREFORE, THE CITY COUNCIL OF THE TOWN OF ATHERTON DOES ORDAIN AS FOLLOWS:
SECTION 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to prepare Town for Statewide electrification mandates. The proposed amendments extend electric readiness requirements to major alterations and renovations of existing buildings
SECTION 2. AMEND THE ATHERTON MUNICIPAL CODE CHAPTER 15.19 Chapter 15.19 is hereby amended to read as follows:
Chapter 15.19 GREEN BUILDING CODE
The California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended.
15.19.030 Electric Readiness Model Reach Code
CHAPTER 2 DEFINITIONS
ADDITION. An extension or increase in floor area of an existing building or structure.
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ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural or manufactured, including liquefied petroleum, or a mixture thereof.
NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations, or repairs.
UTILITY ROOM. A non-habitable room or building which contains only HVAC, plumbing, or electrical controls or equipment; and which is not a bathroom, closet, garage, or laundry room.
CHAPTER 3 GREEN BUILDING
SECTION 301 - General
Green Building Code Section 301.1.1 is amended to read as follows:
301.1.1 Additions and alterations.
[HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alterations increases the building’s conditioned area, volume or size. The requirements shall apply only to and/or within the specific area of the addition and alteration.
The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.
See Section 4.106.4.3 for application.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing light fixtures are not considered alterations for the purpose of this section.
The mandatory provisions of Section 4.106.5.2 shall apply to all additions and alterations requiring an electrical permit.
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CHAPTER 4 - RESIDENTIAL MANDATORY MEASURES
DIVISION 4.1 – Planning and Design
Green Building Code Section 4.106 "Site Development," is amended to include new subsections to read as follows:
SECTION 4.106
SITE DEVELOPMENT
4.106.5 Electric ready new construction residential buildings.
New construction residential buildings shall comply with Section 4.106.5.1 and Section
4.106.5.2.
4.106.5.1 New single-family and multifamily
4.106.5.1.1 Heat pump space heater ready.
Systems using a gas or propane furnace to serve individual dwelling units shall meet the requirements of 150.0(t) of Title 24, Part 6 and, in addition, include a designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate.
4.106.5.1.2 Electric readiness requirements for systems using gas or propane.
Where any systems using gas or propane plumbing are installed, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric equivalent of that system that serves the same function in the following ways, as certified by a registered design professional or licensed electrical contractor.
a) Branch circuit wiring, electrically isolated and designed to serve a future electric appliance with the same function in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
b) Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. “Reserved for Future Electric Fireplace”), and positioned on the opposite end of the panel supply conductor connection; and
d) Connected subpanels, main panels, and busbars, and transformers shall be sized to serve the future electric appliance. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
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e) Physical space for future electric appliances, including equipment footprint, shall be depicted on the construction drawings. The footprint necessary for future electric appliances may overlap with the location of currently designed combustion equipment.
Exception 1: Generator systems used for emergency power generation.
Exception 2: Outdoor cooking appliances.
4.106.5.2 Additions and alterations of single-family and multifamily Additions and alterations requiring an electrical permit shall comply with Section
4.106.5.2.1 through 4.106.5.2.5.
Exceptions:
1. Electrical capacity shall not be required to exceed the proposed utility electrical service to the building to meet compliance with Section
4.106.5.2. Capacity and overcurrent protection spaces shall be reserved to the extent allowable under the proposed electrical capacity.
4.106.5.2.1 Panel Upgrades
Where the electrical panel and service are upgraded, the project shall comply with the following requirements:
1. The building electrical panel and service shall be sized to meet the future electric requirements of the electric ready equipment specified in Title 24, Part 6, Sections 150.0(n) and 150.0(s) through 150.0(v). To meet this requirement the building main service shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.
2. The infrastructure in accordance with the Water Heating Ready requirements, as specified in Section 4.106.5.2.5.
3. The infrastructure in accordance with the Space Heating Ready Requirement specified in Title 24, Part 6, Section 150.0(t).
4.106.5.2.2 Kitchen Alterations
Where a kitchen is altered, comply with the Electric Cooktop Ready requirement, as specified in Title 24, Part 6, Section 150.0(u).
4.106.5.2.3 Laundry Alterations
Where a laundry room is altered, comply with the Electric Clothes Dryer Ready requirement, as specified in Title 24, Part 6, Section 150.0(v).
4.106.5.2.4 Utility Room Alterations
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Where a utility room is altered, comply with the electric readiness components per Section 4.106.5.2.5 and Title 24, Part 6 Section 150.0(t).
4.106.5.2.5 Electric Ready Water Heater Requirements
Where a project requires electric readiness components for water heaters in Section 4.106.5.2.1 or 4.106.5.2.4, comply with the following requirements:
1. Systems using gas or propane water heaters to serve individual dwelling units shall designate a space at least 2.5 feet by 2.5 feet wide and 7 feet tall suitable for the future installation of a heat pump water heater (HPWH). All electrical components shall be installed in accordance with the California Electrical Code. The space shall include the following:
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; and
b. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated; and
c. 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 Use”; and
d. 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.
e. 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.
CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT
5.106.13 Readiness to become all-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or 5.106.13.2 so that they are ready to facilitate future electrification.
5.106.13.1. New construction. All newly constructed nonresidential buildings shall be ready to become all-electric buildings.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
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1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may install commercial food heatprocessing equipment served by fuel gas.
The applicant shall comply with Section 5.106.13.2.
2. [repealed]
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Sections 5.106.13 or 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
SECTION 3. SEVERABILITY
If any section, subsection, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
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SECTION 4. EFFECTIVE DATE
This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the day of , 2024.
Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the day of , 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Hawkins-Manuelian
ATTEST:
Anthony Suber, City Clerk/Deputy City Manager