CITY COUNCIL STAFF REPORT
Meeting: October 1, 2024
Subject
Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Recommended Action
Adopt Ordinance No. 24-2265, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE” Reasons for Recommendation
On September 17, 2024, the City Council conducted a first reading and introduced Ordinance No. 24-2265. The proposed ordinance would repeal the City’s all-electric reach code in response to the Ninth Circuit Court of Appeals’ decision in California Restaurant Association v. City of Berkeley (2024) 89 F.4th 1094 and adopt local amendments to the California Energy Code to encourage energy efficiency and building electrification. If approved by the City Council, the ordinance will be submitted to the California Energy Commission for review and approval.
Sustainability Impact
The proposed ordinance advances the policy of requiring all-electric construction in newly constructed buildings set forth in Climate Action Plan 2.0.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
The proposed ordinance is categorically exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, § 15308 (Actions Taken by Regulatory Agencies for Protection of the Environment) and § 15061(b)(3) (“common sense” exemption). _____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Ursula Syrova, Environmental Programs and Sustainability Manager Sean Hatch, Building Official
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Proposed Ordinance