RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING FINDINGS JUSTIFYING THE AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING CODE AND THE 2022 CALIFORNIA ENERGY CODE
WHEREAS, the City of East Palo Alto (" City") wishes to adopt a building code in accordance with law and to use the most updated regulations in the processing of development in the City; and WHEREAS, the California Green Building Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941. 5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards, including the Green Building Code, based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Public Resources Code Section 25402. 1(h)(2) and Section 10-106. of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy efficiency or conservation standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, on or about September 20, 2016, the State of California enacted Senate Bill (SB) 32, which added Health and Safety Code Section 38566 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by no later than December 31, 2030; and WHEREAS, in December 2011, the City Council adopted the City’s Climate Action Plan (CAP), which included policies directing staff to prepare a “green building policy”; and WHEREAS, such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code through the California Codes and Standards Reach Code Program, the State has performed cost effectiveness analyses as required by the California Energy Commission for the local amendments to the California Energy Code contained in this ordinance which is hereby incorporated by reference; and
WHEREAS, consistent with the CAP, the local amendments to the 2022 California Building Codes, including the California Green Building Code, establish requirements for single-family (e.g., townhomes), multifamily, and nonresidential structures to electrify, which will reduce demands for local energy and resources, reduce regional pollution, and promote a lower contribution to greenhouse gases emissions as evidenced by the statewide cost-effectiveness studies prepared by the California Statewide Investor Owned Utilities Codes and Standards Program, which demonstrate the potential for both a reduction in emissions and energy usage; and
WHEREAS, cost effectiveness studies prepared by the California Statewide Investor Owned Utilities Codes and Standards Program demonstrate that the local amendments are cost-effective and do not result in buildings consuming more energy than is permitted by the 2022 California Green Building Code; and
WHEREAS, based upon these analyses, the City Council of the City of East Palo Alto finds that the local amendments to the California Energy Code contained in the accompanying ordinance are cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, because of the City’s unique local climatic, geologic and topographic conditions, the City desires to make amendments and additions to the code.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY adopts findings justifying the amendments to the 2022 California Green Building Code and the 2022 California Energy Code as follows:
Section 1: RECITALS
The City Council finds the foregoing recitals to be true and correct and hereby incorporates those recitals into this Resolution.
Section 2: LOCAL CONDITIONS
The City Council makes the following findings regarding local climatic, geological, topographical, and environmental conditions related to the local amendments to the 2022 California Green Building Code described below:
The following local climatic, conditions justify modifications to the California Building Standards Code:
a. Climatic: The City is located in Climate Zones 3 and 4 as established in the 2022 California Energy Code, Climate Zones 3 and 4 incorporate mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences precipitation ranging from 13 to 20 inches per year with an average of approximately 15 inches per year.
Ninety- five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. Temperatures in the summer average around 80 degrees Fahrenheit and in the winter in the mid 50 degrees Fahrenheit. Prevailing winds in the area come from the west with velocities generally in the 12 miles per hour range, gusting from 25 to 35 miles per hour.
These climatic conditions along with the greenhouse emissions generated from structures in both the residential and nonresidential sectors requires exceeding the energy standards for building construction established in the 2022 California Buildings Standards Code. The City Council also adopted a Climate Action Plan that has a goal of reducing greenhouse gas emissions. In order to achieve and maintain this goal, the City needs to adopt policies and regulations that reduce the use of fossil fuels that contribute to climate change, such as natural gas in buildings, in new development.
Human activities, such as burning natural. gas to heat buildings, releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. This causes sea levels to rise, affecting the City's shoreline and infrastructure. Roughly 49% of the City remains in a regulatory flood inundation zone associated with the 100 -year sea level rise FEMA maps adopted April, 2019. San Francisquito Creek also runs through the City, which creates an increasing potential flooding risk with climate change as a result of human generated greenhouse gas emissions. East Palo Alto is vulnerable to sea level rise where new development is proposed in this code cycle. New buildings that are directly vulnerable to sea level rise should avoid generating additional greenhouse gas emissions.
The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free. Vehicular traffic through East Palo Alto is significant, and it continues to increase as East Palo Alto, and it' s neighboring cities, become an employment center as well as the location of residential projects. Moreover, the observed increase in plug- in electric vehicle adoption reduces the climate impact of vehicular greenhouse gas emissions. b. Seismic/Geologic: The City of East Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 miles long, situated mainly along the western base of the hills on the east side of San Francisco Bay.
Both of these faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to 2of14 establish criteria for repair of damaged properties following a local emergency. In the event of a natural disaster such as an earthquake or fire, the natural gas infrastructure in and around the City of East Palo Alto presents a risk to the life and safety of residents and first responders. Moreover, the electric grid system can be brought back online more swiftly than the natural gas pipeline when the community is recovering from such an event.
c. Topographic: The City of East Palo Alto is a low-lying contiguous portion of the San Francisco Bay, resulting in a natural receptor for storm and wastewater run-off. Also, the City is located in an area that is relatively high liquefaction potential given its proximity to the Bay. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from the California Building Standards Code is warranted.
Section 3: LOCAL AMENDMENTS
The City Council expressly finds that the following modifications and changes to the 2022 California Green Building Code are reasonably necessary because of the local geological, climatic, topographical, and/or environmental conditions, and that the local conditions detailed in Section 2 above apply to the following modifications and changes to the 2022 California Green Building Code, as follows:
No. Code Section(s) Amendment Summary Justification
from Section 2
Local
Conditions
1. 202 (Definitions) Adding definitions for two
principal requirements:
electrification and EV
infrastructure
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic
2. 301 (General) Applying mandatory provisions
of Section 5.106.5.3 to
additions or alterations of
existing parking facilities
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic
3. 4.106 (Site
Development)
Adding “all-electric” and electric
vehicle charging requirements
to new construction, including
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic
single-family, multifamily, etc.,
in addition to adding
requirements for combustion
equipment
4. 5.106 (Site
Development)
Adding “all-electric” and electric
vehicle charging requirements
to nonresidential structures, in
addition to adding
requirements for combustion
equipment
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic
BE IT FURTHER RESOLVED THAT this resolution shall take effect upon the effective date of Ordinance No. ____________ amending _______of the East Palo Alto Municipal Code. In the event such ordinance do not become effective, this resolution shall be void and of no legal effect.
PASSED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney