2024-10-08; City Council; 09; Introduce an Ordinance Amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and 18.04.055 (Building Code—Board of Appeal

CA Review __MK__
Meeting Date: Oct. 8, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director of Community Development [email protected], 442-339-2607
Subject: Introduce an Ordinance Amending Carlsbad Municipal Code Sections

18.21.030 (Green Building Standards Code – Site Development) and

18.04.055 (Building Code—Board of Appeals) with Findings of Fact Supporting California Building Standards Code Amendments (MCA 2024- 2003)
Districts: All
Recommen
ded Actions

1. Introduce an ordinance amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and 18.04.055 (Building Code—Board of Appeals) with findings of fact supporting California Building Standards Code Amendments (Exhibit 1).

2. Schedule a public hearing for the second reading and adoption of the ordinance at the Oct. 29, 2024, City Council meeting.

Executive Summary
The City Council is being asked to approve amendments to the city’s Building Code, which sets the building standards for new development projects, to reflect the state’s recent changes to its requirements for electric vehicle charging stations.

The proposed ordinance (Exhibit 1) will strike inconsistent amendments from the city’s adopted Green Building Standards Code and adopt the state’s new requirements for electric vehicle charging stations.

Staff are also taking this opportunity to amend the procedures for Building Code appeals.

This item requires City Council review and approval because the request involves amendments to the Carlsbad Municipal Code, which only the City Council can approve (See Exhibit 1, Ordinance). This item also requires the City Council to make findings of fact to approve local amendments to the California Building Standards Code (See Attachment A to Exhibit 1).

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Explanation & Analysis
Background
The California Building Standards Commission, the state agency responsible for establishing and updating the building standards and codes for new construction in the state, comprehensively updates the state’s model building codes every three years. The model codes that make up the California Building Standards Code, California Code of Regulations Title 24, include detailed standards for energy efficiency in all newly constructed buildings.

Local jurisdictions like the City of Carlsbad are required to enforce the state-adopted codes as the minimum standard for construction. Under state law, the Building Standards Codes apply throughout the state and to all building occupancies, with limited exceptions, whether or not the local government has adopted the revised model codes as part of its municipal code.

The current state building code was published in 2022, with an effective date of Jan. 1, 2023.

The City Council adopted the California Building Standards Code on Nov. 8, 2022, with some local amendments that imposed more intensive energy efficient requirements, as required in the city’s current Climate Action Plan. These new standards have been applied to new construction effective January 2023.

Midway between the three-year code cycles, the California Building Standards Commission makes additions and clarifying amendments to the California Building Standards Code that produce supplements to the code. This is similar to the City Council making mid-year adjustments to the city’s adopted operational budget. In most years, these adjustments to the California Building Standards Code do not require any local approval because the city has already adopted the state code and there is no need for further action of the City Council.

What makes this intervening code cycle different is the California Green Building Standards Code has adopted electric vehicle charging station requirements that are more restrictive than the city’s adopted Climate Action Plan codes, which reach beyond what is required in state law.

Changes to the Green Building Standards Code
The 2024 mid-cycle revisions to the Green Building Standards Code include some EV charging requirements in multi-family projects that are more restrictive and therefore supersede the city’s adopted Climate Action Plan reach code, along with other requirements that are less stringent. These provisions apply to the installation of electric vehicle charging infrastructure, including equipment, fixtures and fittings. One of the more significant changes increases the required number of EV-capable and EV-ready spaces required, changing the requirement from 10% EV capable spaces and 25% EV ready spaces to 40% EV ready spaces. 1 The changes
also increase the required number of spaces with EV chargers installed from 5% to 10%.

City staff have de termined that it is necessary to modify Section 18.21.030 of the Carlsbad Municipal Code (the Green Building Standards Code) to bring this section into compliance with the state’s recent revisions. The new code requirements for EV charging 1 The technical definition for “EV capable” is a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted. “EV ready” means a vehicle space which is provided with a branch circuit, necessary raceways to accommodate EV charging, receptacle or a charger, with a dedicated branch circuit, electric panel capacity, overcurrent protective device and wire. “EV installed” means an EV-ready space with off- board charging equipment used to charge an electric vehicle.

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infrastructure must be incorporated into the city’s adopted Climate Action Plan reach codes, which are in some areas of the code still more stringent than the state.

The proposed amendments to Chapte r 18.21 are provided in Exhibit 1. Exhibit 2 includes draft ordinance language showing the changes proposed in the amendments. All other reach codes of the Green Building Standards Code are unaffected by the state’s recent revisions.

The findings to support the local amendments to the Green Building Standards Code’s Inter
vening Code Cycle can be found in Attachment A to Exhibit 1. Attachment A also contains findings previously adopted by the City Council in adopting local amendments to the 2022 California Building Standards Code, which have been updated with any necessary corrections and additions.

Changes proposed to building appeal procedures
An appeal on a building-related decision is a request to review decisions of the city’s Building Official when it is believed the conclusion reached was inappropriate or made in error. Before January 2023, decisions or determinations made by the Building Official relative to the application and interpretation of the State Building Code were heard by the City Council, the city’s legislative body. This is the default appeal body if no building appeals board is created by the local jurisdiction.

When the City Council adopted the 2022 editions of the Building Standards Code on Nov. 8, 2022, the city adopted new appeal procedures that created a Building Appeals Board to hear appeals of the Building Official (see Carlsbad Municipal Code Section 18.04.055). Due to the technical knowledge and broad subject matter related to building construction safety, it was thought that building officials from other local jurisdictions would be best qualified by experience and training to consider appeal matters. It was therefore made a requirement that the Building Appeals Board be comprised of local area building officials. The members were to serve without compensation.

Since the Building Appeals Board became effective in January 2023, city staff have encountered challenges in recruiting and retaining a Building Appeals Board with a full membership. Initially, it was believed that the Building Appeals Board would be informally established and meet on an ad-hoc basis, but the Building Appeals Board’s role is much like any other board or commission. Each member must be formally appointed, take an oath of office, complete ethics training as determined by law, and be subject to the same rules as any other board or commission.

Additionally, in March 2024, a state appeals court ruling in the case of Temple of 1001 Buddhas v. C
ity of Freemont expanded the range of appeals that are required to be heard by a city’s Board of Appeals. Under this ruling, not only must all orders, decisions, and determinations of the building official be heard by a city’s Board of Appeals, but the Board of Appeals must also hear appeals of all orders, decisions, and determinations made by the city, as an enforcing agency, relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance and change of occupancy. Any public nuisance determinations premised on violations of the city’s Building Ordinance must also be heard by the Board of Appeals.

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There have not been any Building Code related appeals to be heard by the Building Appeals Board, so there has been no impact to the community by not having a fully functioning Building Appeals Board. Because the state’s recent revisions require the city to make changes to certain areas of its Building Ordinance (Carlsbad Municipal Code Title 18), city staff believes that it is an appropriate time to simultaneously amend the appeal provisions for this title and change the appeal body back to the City Council.

The proposed amendments to Chapter 18.04 are provided in Exhibit 1, with the proposed revisions highlighted. Exhibit 2 includes draft ordinance language (strikeout/underline version) for the proposed amendments.

Required state findings
The
State of California allows municipalities to modify the California Building Standards Code to make local standards such as Green Building Standards more restrictive – but not less – if findings are made that the proposed modifications are necessary due to special local climatic, geological or topographical conditions (see California Health and Safety Code Sections 17958, 17958.5, 17958.7, 18941.5). Administrative standards do not require a justification or findings to justify proposed amendments (see Building Standards Bulletin 09-02, issued by the Building Standards Commission on February 1, 2009).

Staff are recommending that the City Council adopt Carlsbad-specific amendments to the mid- cycle Green Building Standards Code to continue imposing more stringent EV-charging requirements and to refine the city’s Building Code appeal procedures. Exhibit 1 and Attachment A provide the necessary findings for each proposed amendment.

Exhibit 1 and Attachment A also provide the necessary findings for all local amendments to Title 18 that were added to the Carlsbad Municipal Code in 2019 and 2022 but not yet accepted by the California Building Standards Commission or the California Energy Commission. Findings were not concurrently adopted for some of the appendices adopted in 2022. Moreover, amendments to the Green Building Standards Code in 2019 and 2022 did not include the necessary findings that such amendments to energy standards are cost effective and buildings would be designed to consume no more energy than permitted by the California Energy Code.

Fiscal Analysis
This item has no fiscal impact.

Next Steps
The City Clerk’s Office will publish a summary of the ordinance twice in a newspaper of general circulation between the introduction date and the public hearing and adoption date, in accordance with the California Government Code Section 50022.3 and Section 6066 requirements for adoption of a state code by reference.2 The City Clerk’s Office will then schedule the ordinance for a public hearing and adoption at the Oct. 29, 2024, City Council meeting.

Once the ordinance is adopted, the Community Development Department will file a copy of the ordinance and related findings with the California Building Standards Commission and the California Energy Commission and the City Clerk’s Office will publish the ordinance or a

2 Adoption of a state code by reference means the state code is incorporated into the city’s municipal code through a statement that the state code should be treated as if it was contained in the city’s municipal code.

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summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption, subject to its filing with the required state agencies.

Under state law, the changes introduced by the mid-cycle code cycle apply throughout the state and to cities and counties, whether or not the local government has adopted the mid-cycle cycle changes. All projects submitted for plan checks after July 1, 2024, are subject to the new EV charging infrastructure requirements. The developers of all projects in the plan check process prior to July 1, 2024, have one year to complete the plan review process and obtain a building permit for the project to be constructed under the provisions of the building code that existed at the time the initial submittal was made.

Environmental Evaluation
The proposed action is exempt from the California Environmental Quality Act because it qualifies for the “common sense” exemption, covered by the general rule under CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Most of the local amendments to the codes proposed as part of this project are necessary from an administrative standpoint and are general policy and procedure rulemaking. Other amendments are intended to address local climatic, geological or topographical conditions and safeguard public health and safety. There are no reasonably foreseeable adverse environmental impacts and there is no possibility that the activity in question may have a significant effect on the environment.

Furthermore, the proposed project involves the adoption of state building codes and standards that are applied to ministerial, or non-discretional, permits. CEQA Guidelines Section 15300.1 and California Public Resources Code Section 21080 exempt projects over which public agencies exercise only ministerial authority from the application of CEQA.

Exhibits

1. City Council ordinance

2. Proposed changes to Title 18 of the Carlsbad Municipal Code, with revisions highlighted Oct. 8, 2024
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Exhibit 1
ORDINANCE NO. .

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030 (GREEN BUILDING STANDARDS CODE – SITE DEVELOPMENT) AND 18.04.055 (BUILDING CODE —BOARD OF APPEALS) WITH FINDINGS OF FACT

SUPPORTING CALIFORNIA BUILDING STANDARDS CODE AMENDMENTS

WHEREAS, California Health and Safety Code Section 179 22 requires cities to adopt by reference the California Building Standards Code, which consists of certain state-wide uniform industry building standards; and
WHEREAS, California Health and Safety Code Section 17958 allows cities to make changes in the provisions adopted pursuant to Section 17922, if its governing body makes express findings, pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, that the proposed modifications are necessary due to special local climatic, geological, or topographical conditions .

Section 101.7.1 of the California Green Building Standards Code also allows the use of environmental conditions as an acceptable finding; and
WHEREAS, pursuant to Section 101.7.1 of the California Green Building Standards Code and Section 10 -106(b) of the California Administrative Code, local governments can amend energy efficiency standards, provided that the amended standards are determined to be cost effective and buildings would be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, the 2022 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, is comprised of the California Administrative Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical Building Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, and the California Referenced Standards Code; and
WHEREAS, the City of Carlsbad adopted by reference the 2022 edition of the California Building Standards Code, w hich is located in Title 18 of the Carlsbad Municipal Code (Ordinance No. CS -437) and contains certain local modifications; and
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WHEREAS, the State adopted an Intervening Code Adoption Cycle Supplement, effective July 1, 2024, resulting in additions and amendments to the California Building Standards Code with which local governments must comply; and
WHEREAS, local amendments may be made both to a triennial California Building Standards Code update and also to its individual parts during the intervening years; however, local amendments previously adopted may not be automatically applicable. Rather, they must be re- enacted with the required findings with each triennial state code update; and WHEREAS, the City Council recognizes the need to amend Carlsbad Municipal Code Section

18.21.030, the site development section of the city’s Green Building Standards Code , to bring this section into compliance with the 2024 Green Building Intervening Code Cycle . The City Council also recognizes the need to amend the building appeal procedures in Carlsbad Municipal Code Section

18.04.055 to reflect the hearing of such appeals by the City Council due to challenges with retaining a Board of Appeals comprised of area building officials; and WHEREAS, the City Council finds that all amendments to the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, topographical and environmental conditions, which are described in Attachment A to this ordinance and are hereby adopted. These findings include: (1) findings to adopt local amendments to the 2024 Intervening Code Adoption Cycle Supplement and (2) findings previously adopted by the City Council in adopting local amendments to the 2022 California Building Standards Code (Ordinance No. CS-437), which have been updated with any necessary corrections and additions; and WHEREAS, the City Council finds that based on the studies provided in Attachment A, a ll local amendments to energy standards are cost effective and will require buildings to be designed to consume less energy than permitted by Title 24, Part 6 (Energy Code); and WHEREAS, the City Council held a duly noticed public hearing, and upon hearing and considering all testimony, arguments, and public comments, if any, of all persons desiring to be heard, the City Council has considered all factors related to the changes proposed to Carlsbad Municipal Code Title 18; and
WHEREAS, the city distributed a notice of intended decision to adopt the “Common Sense” exemption, covered by the general rule under State CEQA Guidelines Section 15061(b)(3). The city did not receive any comment letters on the CEQA findings and determination and that decision is final.

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NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

SECTION I: T he above recitations are true and correct.

SECTION II: The Carlsbad Municipal Code is amended by updating Section 18.21.030 to read as follows:

Chapter 18.21

GREEN BUILDING STANDARDS CODE

18.21.030 Section 4.106 (Site Development) of the California Green Building Standards Code amended

A. Section 4.106 is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations.

New construction and major residential renovations shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Notwithstanding these requirements, the following exceptions apply:

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 local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

3. Where major residential renovations for one and two-family dwellings and townhouses with attached private garages do not include an electrical service panel upgrade, the requirements of Section 4.106.4.1 shall apply to the maximum extent that does not require an electrical service panel upgrade.

4. In major residential renovations, where there is evidence substantiating that meeting the requirements of this section presents an unreasonable hardship or is technically infeasible, the building official may consider an appeal from the project sponsor to reduce the number of EV ready spaces, EV capable spaces, and EVSE installed spaces required or provided for EV charging elsewhere.

5. Where alternative and innovative parking systems will be installed as determined by the building official.

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4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily dwellings, hotels and motels, and new residential parking facilities.

When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Section 4.106.4.2.2. The provisions of this section shall also apply to major residential renovations. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by ordinance or any other applicable law.

4.106.4.2.9.1 EV space requirements.

1. Single EV space required. When a single EV ready space or EV capable space is required, it shall be an EVSE installed space. A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of EVSE installed spaces, EV ready spaces, EV capable spaces or receptacles, or EV chargers.

Construction documents shall also provide information on amperage of installed or future receptacles or EVSE raceway method(s), wiring schematics, and electrical load calculations. Plan design shall be based upon a 40- ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible, or in concealed areas and spaces shall be installed at the time of original construction.

3. Exception. Notwithstanding subsection (2), a raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.9.2 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

SECTION III: The Carlsbad Municipal Code is amended by updating Section 18.04.055 to read as follows:

Chapter 18.04

BUILDING CODE

18.04.055 Section 113 (Board of Appeals) of the California Building Code amended.

A. Section 113.1 is amended to read as follows:

113.1 General.

In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, its amendments, and building requirements of the jurisdiction, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall also hear appeals of orders, decisions, and determinations made by the city, as an enforcing agency, relative to the application and interpretation of the California Building Code and other regulations governing construction, Oct. 8, 2024
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use, maintenance, and change of occupancy. An appeal of any public nuisance determination premised on a violation of Title 18 of the Carlsbad Municipal Code must also be heard by the Board of Appeals.

B. Section 113.3 is amended to read as follows:

113.3 Qualifications and membership.

The City Council is hereby designated as the Board of Appeals to hear and decide all appeals described in Section 18.04.055(A) of the Carlsbad Municipal Code.

C. Section 113.4 is amended to read as follows:

113.4 Appeal to the Board of Appeals.

Within 10 calendar days from the date the building official's order, determination, or decision was issued, or within 10 calendar days from the date of issuance of a building-related order, determination, or decision as described in Section 18.04.055(A) of the Carlsbad Municipal Code, any interested person or entity dissatisfied with such order, determination, or decision may file with the City Clerk a written appeal to the Board of Appeals specifying the reasons for the appeal, together with an appeal fee established by resolution of the City Council.

Any appellant who is financially unable to pay the required appeal fee may file a written request for an appeal fee hardship waiver. The written request must be filed prior to or contemporaneous with the filing of the appeal. The appellant requesting the appeal fee hardship waiver shall indicate on the written appeal that an appeal fee hardship waiver request has been filed. The hardship waiver shall be considered by the city pursuant to the standards in Carlsbad Municipal Code section 1.10.120. Failure of any person or entity to file a timely appeal in accordance with this section shall constitute a waiver of the right to an appeal hearing and the building official's decision or action shall become final.

D. Section 113.5 is added to read as follows:

113.5 Hearing and conduct.

As soon as practicable after receiving the written appeal and appeal fee, the Board shall fix a date, time, and place for the hearing of the appeal by the Board. The Board shall hold a public hearing on the matter within 60 calendar days of the filing of the written appeal, or as soon thereafter as a quorum can be assembled. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant and any interested parties of record discovered through reasonable diligence, through either personal service or first-class mail, each appellant at the address shown on the appeal, and to the interested parties of record at the parties' last known address. Notice by mail shall be deemed effective on the date of deposit.

E. Section 113.6 is added to read as follows:

113.6 Decision.

18.04.055(A) of the Carlsbad Municipal Code. The Board of Appeals shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it. The Board's written determination shall be final. There is no further administrative appeal.

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F. Section 113.7 is added to read as follows:

113.7 Effect of building official's decision during appeal period.

Except for orders, decisions, or determinations issued by the building official or by the city, as an enforcing agency, because of conditions that represent an immediate threat to life or safety of the public or adjacent properties, enforcement of any order, decision, or determination of the building official shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

EFFECTIVE DATE: 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.

INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of _____________________, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the _________ day of ____________________, 2024, by the following vote, to wit:

AYES:

N AYS:

ABSTAIN:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:

_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor

_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)

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FINDINGS
Every three years, the state adopts new building, residential, electrical, mechanical, plumbing, energy, historical, fire, existing building, and green building codes, known collectively as the California Building Standards Code (CBSC). A local jurisdiction may adopt the CBSC by reference in their jurisdiction’s local ordinances. Even if a local agency does not adopt a code by ordinance, the CBSC becomes the applicable code for all building occupancies by default. Local amendments to building standards require express findings for each amendment, addition, or deletion based on local climatic, topographical or geological conditions (and environmental conditions, if resulting in changes to the Green Building Standards Code (GBSC)). Local amendments adopted to clarify the procedures relating to carrying out and enforcing building standards, and that do not establish actual building standards, may be enacted by the local jurisdiction without meeting the requirements of the state laws governing CBSC building standards amendments.

The purpose of this Attachment is to p rovide the findings to support local amendments to the CBSC.

Climatic: T he weather of the San Diego region, as in most of Southern California, is influenced by the Pacific Ocean and its semi- permanent high- pressure systems that result in dry, warm summers and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit (°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April with infrequent (approximately 10%) precipitation during the summer. The average seasonal precipitation along the coast is approximately 10 inches; the amount increases with elevation as moist air is lifted over the mountains to the east.

The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these climatic conditions necessitate building standards modifications as further described in the following tables.

Geologic: The neares t fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs offshore of the western edge of the city and is considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Carlsbad is located within a seismically active region, and earthquakes have the potential to cause ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone. Earthquake exposed electricity/power lines and leaking gas pipelines are a major cause of fire after an earthquake. The City Council specifically finds that these geologic conditions necessitate building standards modifications as further described in the following tables.

Topography: The topog raphy in the San Diego region varies greatly, from beaches on the west to mountains and desert on the east. Along with local meteorology, the topography influences viewshed areas and the existing visual character, as well as the dispersal and movement of Attachment A
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pollutants in the basin. The mountains to the east prohibit dispersal of pollutants in that direction and help trap them in inversion layers. Natural areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons – Buena Vista, Agua Hedionda and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned communities and resorts are located. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these topographic conditions necessitate building standards modifications as further described in the following tables.

Noise conditions: The
County of San Diego, Department of Public Works Airport Division, owns and operates McClellan-Palomar Airport (Palomar Airport) as a public-use facility in accordance with Federal Aviation Regulations. Palomar Airport is approximately 232 acres, which consists of approximately 231 acres defined as the active airfield and approximately 0.7 acre on adjacent county-owned land for location of the existing navigational lighting system. The Airport is accessible via Interstate 5 (I-5), one of the region’s major north-south highways that extends through San Diego County. The Airport is located three miles east of I-5 on Palomar Airport Road, which is the Airport’s principal ground access route.

The Airport is generally bounded by Palomar Airport Road to the south and El Camino Real to the east.

The I-5 Widening Project adds two HOV lanes and one general purpose lane in each direction from the State Route 56 Interchange to the S tate Route 78 Interchange. The project also adds auxiliary lanes. On an average day, I-5 alone serves more than 700,000 trips, including commuters, goods movement, local trips, visitors, and recreational users.

Some land uses are considered more sensitive to ambient noise levels than others because of the amount of noise exposure (both exposure duration and insulation from noise) and the types of activities typically involved. Residences, schools, rest homes, churches, and hospitals are more sensitive to noise than commercial and industrial land uses. From a noise compatibility standpoint, the noise/land use acceptability criteria for sensitive land uses at 65 CNEL for outdoor areas and 45 CNEL for indoor areas of residential land uses. The City Council specifically finds that these noise conditions necessitate greater noise protection than that provided by the California Building Standards Code as further described in the following tables.

Other conditions: Add
itional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code. These changes include provisions making the CBSC compatible with other codes, including but not limited to administrative and procedural ordinances enforced by the city.

SECTION 1: 2022 CALIFORNIA BUILDING CODE

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The modifications made to the 2022 California Building Code, located in Carlsbad Municipal Code Chapter 18.04 (“Building Code”), are detailed in the ordinance. Unless otherwise noted below, the amendments to the 2022 California Building Code are not substantive in nature and are limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may amend the building code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table A: 2022 Building Code Adoption Matrix

CMC Section Section amended Building standard or
administrative change
Finding
Section 18.04.015 Adoption of Appendix H (Signs) Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
sign design and construction under challenging
environmental conditions.

Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.

Section 18.04.015 Section 101 amended to ensure that
maintenance of decks and balconies
complies with the Health and Safety
Code
Admin. ---
Section 18.04.020 Section 104 amended to clarify the
authority of the building official and to
establish rebuild thresholds for
construction projects
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
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proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could have a severe
consequence to improved properties at risk.

While it is understood that the adoption of such
regulations to clarify rebuild requirements may
not prevent the incidence of fire, the
implementation of the amendments helps
resolve disputes, planning construction, and
supporting transactions. The threshold holds
immense significance in different scenarios as it
assists property owners and buyers to prevent
legal conflicts and to describe projects that would
be subject to the requirements (substantial
remodels and new construction definitions).

Oct. 8, 2024
Item #9 Page 15 of 46
Substantial improvements are addressed by
different agencies in different contexts. Each
agency has a definition of substantial
improvement that triggers compliance
requirements under their specific authority. The
proposed change shall not be construed to
change those compliance requirements. For
example, the FEMA definition of substantial
improvement is used to regulate major additions
and other improvements to buildings in the
floodplain if the cost of the improvement exceeds
50% of the building’s value (cost of improvement
divided by market value of the building is >50%).

Under this rule, the floodplain regulations for
new construction will apply and the building must
meet the post Flood Insurance Rate Map (FIRM)
for developments in the floodplain. The
ordinance also does not interfere with the
administration or enforcement of CALGreen
Section 301.1.1, Chapter 7A of the CBC (for
Wildland Urban Interface), property tax collection
from the CA State Board of Equilization, or school
development impact fees through CA Education
Code Section 17620(B), etc.

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Section 18.04.025 Section 105 amended to identify certain improvements as exempt, allow
electronic submission of applications,
extend plan check and permit expiration
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
Oct. 8, 2024
Item #9 Page 16 of 46
to 12 months, and provide criteria for
plan check and permit extensions
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could pose a severe
consequence to improved properties at risk.

While it is understood that certain permit
exemptions may not prevent the incidence of
fire, the implementation of the amendments
reduces the severity and potential loss of life and
property when such fires occur.

The topography of the city is also burdened by
major structures. As a general setting, rolling
foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
Oct. 8, 2024
Item #9 Page 17 of 46
existing visual character when land
improvements are made. The proposed code
change to exempt specified improvements from
building permits still requires compliance with
basic zoning standards.

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Section 18.04.030 Section 107 amended to clarify criteria for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.

The city has beaches, creeks, and other low-lying
areas prone to flooding. The city is at risk to
coastal storms, erosion, and flooding. There is
broad scientific consensus that the earth will
continue to warm, and sea levels will rise
impacting beaches, roads, properties,
infrastructure, and environmentally sensitive
areas. The topography of the city is also being
burdened by major structures. As a general
setting, rolling foothills frame much of the city’s
land. Many properties have scenic views.

Oct. 8, 2024
Item #9 Page 18 of 46
The topography of the city has led to the
development of buildings on small lots. In most
residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city and location in coastal zoned areas lends
itself to noticeable changes to the existing visual
character when land improvements are made. It
is important to establish boundaries for property
(enabling accurate determination of land
boundaries and providing a valuable resource for
resolving disputes and for planning and executing
construction projects).

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Section 18.04.035 Section 109 amended to reflect current fee collection practices and cost
recovery services and imposing a
penalty for doing work without a permit
Admin. ---
Section 18.04.040 Section 110 amended to clarify the city’s requirements in the inspection process
Admin. ---
Section 18.04.045 Section 111 amended to clarify the
requirements for occupancy
Admin. ---
Section 18.04.050 Section 112 amended to include various use restrictions and administrative
provisions to enhance the city’s ability
to implement the code and provide
remedies to safeguard life or limb,
health, property and public welfare
Admin. ---
Oct. 8, 2024
Item #9 Page 19 of 46
Section 18.04.055 Section 113 amended to establish an
appeal process and standing committee
to review such appeals, consisting of
subject matter experts
Admin. ---
Section 18.04.060 Section 114 amended to republish
existing provisions from the 2019 code
adoption and revisions to Chapter 1.10
of the Carlsbad Municipal Code
Admin. ---
Section 18.04.065 Section 115 amended to ensure the stop work order notice covers the same
scope as Chapter 1.10 of the Carlsbad
Municipal Code
Admin. ---
Section 18.04.070 Section 117 amended to include unsafe building appendages to safeguard life or
limb, health, property, and welfare
Admin. ---
Section 18.04.075 Reserved for future use Admin. ---
Section 18.04.080 Section 1206.4.1 amended to establish prescriptive standards for interior noise
construction in new multi-family homes
adjacent to freeways and the airport
Building standard The city strives to achieve uniformity among the local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to state codes is the
prime goal. However, there are noise conditions
that are unique in the city, including the existing
operation of the McClellan-Palomar Airport
(Palomar Airport) and its potential expansion;
and 2) the Interstate 5 North Coast Corridor (I-5
NCC) and its freeway expansion. Noise conditions
in the city warrant prescriptive measures for
indoor noise insulation in multi-family units
within a noise impact boundary of an airport or
freeway as defined in Section 1206.4.1. Health
and Safety Code Section 17922.7 authorizes the
adoption of building standards relating to noise
insulation as are reasonably necessary because of
local conditions due to substantial noise
Oct. 8, 2024
Item #9 Page 20 of 46
generated by airports, roadways, or commercial
and industrial activities immediately surrounding
or adjacent to such proposed dwellings.

The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.

Section 18.04.085 Section 1501.1 amended to cover the
scope of roof assembly applications
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
compliance and enhanced roof performance and
a reasonable and appropriate degree of proper
security and fire and life safety in this jurisdiction.

It focuses on better performance under
challenging environmental conditions.

Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.

Section 18.04.090 Section 1505 amended to provide a fire classification for rooftop mounted
photovoltaic
Building standard The city strives to achieve uniformity among the local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, fire is one of the biggest
threats to life and property. To reduce this
potential hazard, rooftop mounted
appurtenances should have a higher fire
classification rating. Health and Safety Code
Sections 17958.7 and 18941.5 authorize
modifications to the building standards based on
Oct. 8, 2024
Item #9 Page 21 of 46
local climatic, geologic, or topographical
conditions. The city is surrounded by open spaces
consisting of grassland and underdeveloped or
undeveloped areas, which in conjunction with the
dry and sometimes windy local climate creates a
hazardous fire situation (wind and terrain-driven
fires could lead to extensive grass and brush fires
and pose a danger to life and property).

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

SECTION 2: 2022 CALIFORNIA RESIDENTIAL CODE

The proposed modifications made to the 2022 California Residential Code in Chapter 18.20 of the Carlsbad Municipal Code (“Residential Code”) are detailed in the ordinance. Unless otherwise noted below, the proposed amendments to the 2022 California Residential Code are not substantive in nature and are limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may amend the residential code to impose more restrictive standards if express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Oct. 8, 2024
Item #9 Page 22 of 46
Table B: 2022 Residential Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.20.010 Adoption of Appendix AH (Patio Covers), AK (Sound Transmission), AQ (Tiny
House), AX (Swimming Pool Safety Act)
and AZ (Emergency Housing)
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
patio, tiny house, and emergency housing design
and construction under challenging
environmental conditions.

Moreover, local conditions make it necessary to
adopt Appendix AK. Noise is an important and
complex issue in Carlsbad. Almost every part of
the city is susceptible to noise impacts, due
mainly to the presence of major noise
generators. Significant sources of noise in the city
including the existing operation of the McClellan-
Palomar Airport (Palomar Airport) and its
potential expansion; and 2) the Interstate 5 North
Coast Corridor (I-5 NCC) and its freeway
expansion, and railroad tracks. The city’s land use
pattern generally accommodates these
conditions but noise conditions in the city
warrant prescriptive measures for indoor noise
insulation as a measure to reduce sound and
effectively mitigate any adverse noise levels that
could impede a person's use of a residential
structure.

Compliance with pool safety laws and regulations
is essential for ensuring the safety and security of
Oct. 8, 2024
Item #9 Page 23 of 46
swimmers in both public and private pool settings
as required per Health and Safety Code Sections
11590-115929. More specifically, this section of
law increases the safety of public swimming pools
and spas by ensuring that public swimming pools
and spas are equipped with proper safety
devices, which is provided under Appendix AX.

For the most part, most swimming pools will be
found in warmer areas of the state, such as
coastal San Diego County. Local coastal
conditions make it necessary to adopt Appendix
AX. Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.

Section 18.20.020 Section R101 amended to clarify the
authority of the building official
Admin. ---
Section 18.20.030 Section R105 amended to identify
certain improvements as exempt, allow
electronic submissions of applications,
extend plan check and permit expiration
to 12 months, and provide criteria for
plan check and permit extensions. This
section also is amended to clarify the
authority of the building official to
establish rebuild thresholds for
construction projects
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
Oct. 8, 2024
Item #9 Page 24 of 46
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could have a severe
consequence to improved properties at risk.

While it is understood that the adoption of such
regulations to clarify permit exemptions may not
prevent the incidence of fire, the implementation
of the amendments reduces the severity and
potential loss of life and property in the event of
such fires.

The topography of the city is also being burdened
by major structures. As a general setting, rolling
foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. The exemption of
specified improvements from building permits
still requires compliance with basic zoning
standards.

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Oct. 8, 2024
Item #9 Page 25 of 46
Section 18.20.040 Section R106 amended to clarify criteria for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.

The topography of the city has led to the
development of buildings on small lots. In most
residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city and location in coastal zoned areas lends
itself to noticeable changes to the existing visual
character when land improvements are made. It
is important to establish boundaries for property
Oct. 8, 2024
Item #9 Page 26 of 46
(enabling accurate determination of land
boundaries and providing a valuable resource for
resolving disputes and for planning and executing
construction projects).

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Section 18.20.050 Section R109 amended to clarify the
city’s requirements in the inspection
process
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions.

The topography of the city has led to the
development of buildings on small lots. In most
Oct. 8, 2024
Item #9 Page 27 of 46
residential zoning districts, housing is constructed
close to the side property lines. Given this historic
pattern of development, any exterior
construction in has the capacity to negatively
impact neighboring property. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. It is important to
establish boundaries for property (enabling
accurate determination of land boundaries and
providing a valuable resource for resolving
disputes and for planning and executing
construction projects).

The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.

Section 18.20.060 Section R111 amended to include
various use restrictions and
administrative provisions to enhance the
city’s ability to implement the code and
provide remedies to safeguard life or
limb, health, property, and public
welfare
Admin. ---
Section 18.20.070 Section R901.1 amended to cover the
scope of roof assembly applications
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
compliance and enhanced roof performance and
a reasonable and appropriate degree of proper
security and fire and life safety in this jurisdiction.

It focuses on better performance under
Oct. 8, 2024
Item #9 Page 28 of 46
challenging environmental conditions. Health and
Safety Code Sections 17958.7 and 18941.5
authorize modifications to the building standards
based on local climatic, geologic, or topographical
conditions.

SECTION 3: 2022 CALIFORNIA MECHANICAL CODE

The proposed modifications made to the 2022 California Mechanical Code in Chapter 18.10 of the Carlsbad Municipal Code (“Mechanical Code”) are detailed in the ordinance. Pursuant to state law, the city may amend the mechanical code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table C: 2022 Mechanical Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.10.020 New section added to the CMC to
establish screening requirements for
mechanical equipment
Building standard The city strives to achieve uniformity among the local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the city is largely urbanized
and nearing build-out with residential
subdivisions, commercial and industrial uses, and
recreation and open spaces. As a general setting,
rolling foothills frames much of the city’s land.

Many properties have scenic views. The
topography of the city lends itself to noticeable
changes to the existing visual character when
Oct. 8, 2024
Item #9 Page 29 of 46
land improvements are made. The proposed code
change addresses screening requirements for all
new mechanical equipment and helps maximize
the visual quality and aesthetic value of all
project frontages. Health and Safety Code
Sections 17958.7 and 18941.5 authorizes
modifications to the building standards based on
climatic, geologic or topographical conditions,
which is further substantiated in the ordinance.

The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.

Section 18.10.030 New section added to the CMC to
establish rooftop hazard avoidance
Building standard Roof safety is a system of preventative and safety measures. Any mechanical devices or access
points that are located close to a roof’s edge
requires safety guard railings at the edge of the
building’s roof. The placement of a safety rail or
fence at the edge of a roof line has the potential
to degrade the quality of views of the building
from the site, its surroundings, and from near or
far various topographical advantages. Health and
Safety Code Sections 17958.7 and 18941.5
authorizes modifications to the building
standards based on climatic, geologic or
topographical conditions, which is further
substantiated in the ordinance.

The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.

Oct. 8, 2024
Item #9 Page 30 of 46
SECTION 4: 2022 CALIFORNIA PLUMBING CODE

The proposed modifications made to the 2022 California Plumbing Code in Chapter 18.16 (“Plumbing Code”) are detailed in the ordinance.

Pursuant to state law, the city may amend the building code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table D: 2022 Plumbing Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.16.010 Adoption of Appendix H (Private Sewage Disposal Systems) and M (Peak Water
Demand Calculator)
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to ensure
safe design and construction of private sewage
disposal systems under challenging
environmental conditions. For this reason, it is
necessary to adopt Appendix H. The amendment
to the code described above is necessary to
preserve the health, welfare and safety of
residents, businesses and property within the
city.

To assist plumbing system designers and to
encourage proper use and promote uniform
application of the new approaches for estimating
peak water demands, it is necessary to adopt
Appendix M. Estimating peak water supply
demand for different project types would result
in more accurately sized systems consistent with
Oct. 8, 2024
Item #9 Page 31 of 46
the lower flow rates and consumption values
from water-efficient plumbing fixtures and
appliances.

Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.

Section 18.16.020 Section 1505 amended to identify
minimum requirements for bypass tees
recycled water systems. This item was
adopted in 2019 as Section 18.16.080.

Building standard This provision is already adopted, per Ord. CS- 364.

Section 18.16.030 New section to establish the appropriate sizing of roof drainage systems
Building standard The city strives to achieve uniformity among the local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the code needs to
incorporate a rainfall intensity for sizing of storm
water drainage infrastructure for roofs that is
consistent with locally documented storm events
and drainage reports. The proposed amendment
adjusts the rate to reflect concentrated surges
(i.e., 1-hour storm rainfall amounts) and duration
intensities that were modeled according to the
San Diego Hydrology Manual and the isopluvial
maps provided. Health and Safety Code Sections
17958.7 and 18941.5 authorizes modifications to
the building standards based on climatic, geologic
or topographical conditions, which is further
substantiated in the ordinance.

The amendment to the code described above is
necessary to preserve the health, welfare and
Oct. 8, 2024
Item #9 Page 32 of 46
safety of residents, businesses and property
within the city.

SECTION 5: 2022 CALIFORNIA ENERGY CODE

The proposed modifications made to the 2022 California Energy Code in Chapter 18.30 (“Energy Code”) are detailed in the ordinance. Pursuant to state law, the city may amend the Energy Code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table E: 2022 Energy Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.30.010 Adoption of Appendix 1-A (Standards
and Documents Referenced)
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards under challenging
environmental conditions.

Health and Safety Code Sections 17958.7 and
18941.5 authorize modifications to the building
standards based on local climatic, geologic, or
topographical conditions.

Section 18.30.020 Section 120.11 amended to change the
solar or recovered energy requirements
for nonresidential buildings
Building standard These provisions are already adopted, per Ord.

CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an
increased risk to the health, safety, and welfare
of city residents, businesses. and other
community members. Energy efficiency enhances
Section 18.30.030 Section 140.5 amended to change the
water heating requirements for
nonresidential buildings
Building standard
Oct. 8, 2024
Item #9 Page 33 of 46
Section 18.30.040 Section 141.2 amended to change the
nonresidential photovoltaic
requirements
Building standard the public health and welfare by promoting the environmental and economic health of the city
through incorporating green practices into the
design, construction, maintenance, and operation
of new and existing buildings. Installation of
renewable energy systems to provide a building's
energy and water heating needs enhances the
public health and welfare by reducing air
pollution and greenhouse gas emissions that
come from fossil fuel combustion. According to
the Carlsbad Climate Action Plan, community-
wide GHG emissions need to be reduced 49
percent by 2035 to help achieve statewide
reduction targets necessary to reduce impacts
from climate change. Residential land uses
account for 25 percent of the community's GHG
emissions, while commercial and industrial uses
are responsible for about 32 percent.

Implementation of energy efficiency,
photovoltaic energy and alternative water
heating systems in new and existing residential
and nonresidential buildings will significantly
reduce emissions from these uses.

The following studies demonstrate that the local
amendments are cost effective and do not result
in buildings consuming more energy than is
permitted by the California Energy Code. (All
studies can be found on the Local Energy Codes
and Standards website at:
https://localenergycodes.com

Section 18.30.050 Section 150 amended to change the
solar or recovered energy requirements
for single family homes
Building standard
Section 18.30.060 Section 150.2 amended to change
energy efficiency requirements on single
family home alterations and additions
Building standard
Section 18.30.070 Section 180.5 amended to change
energy efficiency requirements on multi-
family home alterations and additions
Building standard
Oct. 8, 2024
Item #9 Page 34 of 46
1) 2024 Cost Effectiveness Study: Existing
Single-Family Residential Building
Upgrades (May 23, 2024)
2) 2024 Cost Effectiveness Study: Single-
Family New Construction (May 20, 2024)
3) 2023 Cost Effectiveness Study: New
Multi-Family Buildings (May 23, 2023)
4) 2023 Cost Effectiveness Study: Non-
Residential New Construction (Jan. 31,
2023)

SECTION 6: 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE

The proposed modifications made to the 2022 California Green Building Standards Code in Chapter 18.21 (“Green Building Standards Code”) are detailed in the ordinance. Pursuant to state law, the city may amend the Green Building Standards Code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table F: 2022 Green Building Standards Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.21.020 Section 202 amended to clarify the
scope of definitions.

Building standard These provisions are already adopted, per Ord.

CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an
increased risk to the health, safety, and welfare
of the city residents, businesses and other
community members. Energy efficiency enhances
the public health and welfare by promoting the
environmental and economic health of the city
Section 18.21.030 Section 4.106 amended to adopt more
restrictive EV requirements for
residential (construction and installation
standards)
Building standard
Section 18.21.040 Section 5.106 amended to adopt more
restrictive EV requirements for
Building standard
Oct. 8, 2024
Item #9 Page 35 of 46
nonresidential (construction and
installation standards)
through incorporating green practices into the
design, construction, maintenance, and operation
of new and existing buildings. Installation of
renewable energy systems to provide a building's
energy and water heating needs enhances the
public health and welfare by reducing air
pollution and greenhouse gas emissions that
come from fossil fuel combustion. According to
the Carlsbad Climate Action Plan, community-
wide GHG emissions need to be reduced 49
percent by 2035 to help achieve statewide
reduction targets necessary to reduce impacts
from climate change. Residential land uses
account for 25 percent of the community's GHG
emissions, while commercial and industrial uses
are responsible for about 32 percent.

1) 2024 Cost Effectiveness Study: Existing
Single-Family Residential Building
Upgrades (May 23, 2024)
Section 18.21.050 Appendix A5 adopted to adopt certain
nonresidential voluntary measures and
amended to change the service water
heating and on-site renewable energy
requirements
Building standard
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2) 2024 Cost Effectiveness Study: Single-
Family New Construction (May 20, 2024)
3) 2023 Cost Effectiveness Study: New
Multi-Family Buildings (May 23, 2023)
4) 2023 Cost Effectiveness Study: Non-
Residential New Construction (Jan. 31,
2023)

SECTION 7: 2022 EXISTING BUILDING CODE

The proposed modifications made to the 2022 California Existing Building Code in Chapter 18.09 (“Existing Building Code”) are detailed in the ordinance. Pursuant to state law, the city may amend the Existing Building Code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

Table G: 2022 Existing Building Code Adoption Matrix

CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.09.010 Adoption of Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings)
and B (Supplementary Accessibility
Requirements for Existing Buildings and
Facilities)
Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards under challenging
environmental conditions.

Earthquake damage to structures can be caused
by ground rupture, liquefaction, ground shaking,
and possibly inundation from tsunami (as
discussed above). The level of damage at a
location resulting from an earthquake will
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Item #9 Page 37 of 46
depend upon the magnitude of the event, the
epicenter distance, the response of geologic
materials, and the design and construction
quality of structures. Although there are no active
faults within Carlsbad, the city is located within a
seismically active region and earthquakes have
the potential to cause ground shaking of
significant magnitude. For this reason, and
because the city has a lot of older structures,
some which are unreinforced masonry structures
it is necessary to adopt Appendix A. The
amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.

Regarding Appendix B, under the Title II ADA
regulation, state and local governments must
provide program accessibility in existing facilities,
and the under the Title III regulation public
accommodations must remove architectural
barriers in existing facilities where it is “readily
achievable.” Public entities, such as Carlsbad
must reasonably modify their rules, policies, and
procedures to avoid discriminating against people
with disabilities. This proposed amendment is
related to the public entities’ program
accessibility obligations. Local conditions,
including a new historic local register, warrant
making necessary changes or modifications to the
state building standards under challenging
environmental conditions to accommodate
alterations of changes of occupancy to qualified
historic buildings and facilities.

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Item #9 Page 38 of 46
Exhibit 2
BUILD
ING ORDINANCE AMENDMENTS (TITLE 18)
Amend the various titles and sections of the Building Ordinance to read as specified below, signified as replacements, additions, or revisions to existing text. The proposed amendments update building standards amendments that have previously been adopted by the city.

Revisions to existing text are s hown in order by section number, with yellow back shaded strikeout typeface (i.e. strikeout) illustrating deletions and yellow back shaded underline typeface (i.e. underline) illustrating new text.

A clean copy
of the proposed changes will be provided in the ordinance that is presented to the City Council for review and consideration.

SECTION 1. GREEN BUILDING STANDARDS CODE

18.21.030 Section 4.106 (Site Development) of the California Green Building Standards Code amended
A. S ec
tion 4.106 is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations.

New construction and major residential renovations shall comply with Section 4.106.4.1 or 4.106.4.2 to fac
ilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Notwithstanding these requirements, the following exceptions apply:

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. W he
re there is no local utility power supply or the local utility is unable to supply adequate power.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

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5. Where alternative and innovative parking systems will be installed as determined by the building official.

4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.

For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit to provide an EV ready space. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate to the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

4.106.4.1.1 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as "(EV) READY". The receptacle or charger shall be permanently and visibly marked as "EV READY".

4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily dwellings, hotels and motels, and new residential parking facilities.

When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Section 4.106.4.2.12. The provisions of this section shall also apply to major residential renovations. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by ordinance of a local jurisdiction or any other applicable law. See Vehicle Code Section 22511.2 for further details.

4.106.4.2.1 Multifamily development projects, major residential renovations to existing multifamily dwellings, and hotels and motels.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. 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 future Level 2 EVSE. Electrical load calculations shall demonstrate 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 capable spaces at a minimum of 40 amperes.

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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.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

Notes:

a. Construction documents shall show locations of future EV spaces. Construction documents shall also provide information on amperage of future EVSE, raceway methods and electrical load calculations to verify that the electrical panel service capacity and electrical system has sufficient capacity to simultaneously charge future EVs at all EV capable spaces at the full amperage.

b. There is no requirement for EV capable spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with lower power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit. Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking shall be equipped with Level 2 EVSE.

Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

4.106.4.2.2 When a single EV space is required, it shall be an EVSE installed space with EV charger.

4.106.4.2.2.1 Electric vehicle charging stations (EVCS).

Vehicle spaces with EV chargers and other electric vehicle charging stations required by Section

4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.2.1. Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.2.2.1.1 Location.

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EVCS shall comply with at least one of the following options:

1. The charging 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 charging space shall be located on an accessible route, as defined 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 4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3

4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions.

The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV ready space, EV capable space, and EVSE installed space shall be 18 feet (5486 mm).

2. The minimum width of each EV ready space, EV capable space, and EVSE installed space shall be 9 feet (2743 mm).

3. One in every 25 charging 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 of the 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.

4.106.4.2.2.1.3 Accessible EV spaces.

In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

4.106.4.2.3.9.1 EV space requirements.

1. Single EV space required. When a single EV ready space, or EV capable space, or EVSE installed space is required, it shall be an EVSE installed space. Exception: A raceway is not required if a minimum 40- ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

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2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of EVSE installed spaces, or EV ready spaces, or EV capable spaces, or receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible, or in concealed areas and spaces shall be installed at the time of original construction.

3. Exception. Notwithstanding subsection (2), a A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.4.9.2 Identification.

4.106.4.2.5 Electric Vehicle Ready Space Signage.

Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.

When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be electric vehicle charging spaces (EV capable spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.

2. There is no requirement for EV capable spaces to be constructed or available until EV chargers are installed for use.

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SECTION 2. BUILDING CODE

Chapter 18.04

BUILDING CODE

18.04.055 Section 113 (Means of Appeals) of the California Building Code amended.

A. Section 113.1 is amended to read as follows:

113.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the building official rel
ative to the application and interpretation of this code, its amendments and building requirements of the jurisdiction, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall also hear appeals of orders, decisions, and determinations made by the city, as an enforcing agency, relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance, and change of occupancy. An appeal of any public nuisance determination premised on a violation of Title 18 of the Carlsbad Municipal Code must also be heard by the Board of Appeals.

B. Section 113.3 is amended to read as follows:

113.3 Qualifications and membership.

The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters and reach decisions on matters pertaining to building construction and applicable building codes, local ordinances, and other applicable law. The Board shall include five regular members, consisting of the building official from the cities of Oceanside, Encinitas, Vista, San Marcos, and Escondido. Voting members of the Board shall not be employees or residents of the jurisdiction whose building official made the determination or took the action that is being appealed. The term shall be considered indefinite provided that the person is authorized and directed by one of the aforementioned jurisdictions to carry out the functions of that jurisdiction's building division. Three members shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to render a decision. The members of the Board shall serve without compensation and will not be reimbursed for their service.

The City Council is hereby designated as the Board of Appeals to hear and decide all appeals described in Section 18.04.055(A) of the Carlsbad Municipal Code.

113.3.1 Standing committee.

The Board of Appeals shall have no regular meetings, and all meetings shall be special meetings noticed pursuant to Government Code Section 54956. The Board shall be considered a "standing committee" with a continuing subject matter jurisdiction. The Board shall meet when an appeal is filed pursuant to this section; or as called upon by the building official to provide advisory comments regarding issues related to this code, such as the potential adoption of new codes or alternative methods and materials.

113.3.2 Hearing examiner or chairperson.

The Board of Appeals may temporarily select one member to serve as a hearing examiner or chairperson to conduct a hearing and to report the Board's findings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until a decision is made on the appeal and the business of the meeting has concluded.

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C. Section 113.4 is addedamended to read as follows:

113.4 Secretary.

The building official shall be an ex officio member and shall act as the secretary to the Board of Appeals and shall keep the minutes thereof but shall have no vote upon any matter before the Board. All meetings of the Board shall be conducted pursuant to the terms of this section and called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et seq.).

D. Section 113.5 is added to read as follows:

113.54 Appeal to the Board of Appeals.

Within 10 calendar days from the date the building official's decision, order, determination, or decision was issued, or within 10 calendar days from the date of issuance of a building-related order, determination, or decision as described in Section 18.04.055(A) of the Carlsbad Municipal Code, any interested person or entity dissatisfied with such order, determination or the decision may file with the City Clerk a written appeal to the Board of Appeals specifying the reasons for the appeal, together with an appeal fee established by resolution of the City Council.

Any
appellant who is financially unable to pay the required appeal fee may file a written request for an appeal fee hardship waiver. The written request must be filed prior to or contemporaneous with the filing of the appeal. The appellant requesting the appeal fee hardship waiver shall indicate on the written appeal that an appeal fee hardship waiver request has been filed. The hardship waiver shall be considered by the city pursuant to the standards in Carlsbad Municipal Code section 1.10.120. Failure of any person or entity to file a timely appeal in accordance with this section shall constitute a waiver of the right to an appeal hearing and the building official's decision or action shall become final.

ED. Section 113.65 is added to read as follows:

113.65 Hearing and conduct.

Notice by mail shall be deemed effective on the date of deposit.

Hearin
gs before the Board shall be open to the public. The appellant, the building official and any person whose interests are affected shall be given an opportunity to be heard. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

The Board of Appeals may continue the hearing for good cause.

FE. Section 113.76 is added to read as follows:

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113.76 Decision.

The Board of Appeals shall hear the matter and approve, disapprove, or modify the order, determination, or decision of the building official or the building-related order, determination, or decision as described in Section 18.04.055(A) of the Carlsbad Municipal Code. The Board of Appeals shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it.

The Board's written determination shall be final. There is no further administrative appeal.

GF. Section 113.87 is added to read as follows:

113.87 Effect of building official's decision during appeal period.

Except for orders, decisions, or determinations issued by the building official or by the city, as an enforcing agency, because of conditions that represent an immediate threat to life or safety of the public or adjacent properties, enforcement of any notice and order, decision or determination of the building official shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

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Carlsbad City CouncilOctober 8, 2024

Carlsbad City Council
October 8, 2024