EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Romeo Herrera, Chief Building Official
SUBJECT: Adoption of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation
Adopt an ordinance, waive second reading, amending Chapter 15.11 of the East Palo Alto Municipal Code to adopt local amendments to the 2022 edition of the California Green Building Code to adopt a “Reach” Code, and accept conforming amendments.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 6: Create a Healthy and Safe Community
Executive Summary/Background/Analysis
On March 7, 2023, the City Council waived the first reading and introduced an ordinance amending Chapter 15.11 of the East Palo Alto Municipal Code to adopt local amendments to the 2022 edition of the California Green Building Code to adopt a “Reach” Code, and make any necessary conforming amendments (as noted in Resolution 19-2023).
As noted in the staff report, the recommended reach code for newly constructed buildings is the All-Electric Required Building Code Amendment, which requires all newly constructed residential and nonresidential buildings to be built all-electric. Buildings will have no fuel gas infrastructure installed, and electricity will be the sole source of energy for all space heating, water heating, cooking, and clothes drying appliances.
The ordinance presented to the Council at its March 7 regular meeting included multiple residential and nonresidential exceptions from the 2020 edition of East Palo Alto’s reach code, including exemptions for ADUs and Junior ADUs, as well as Scientific laboratories. That ordinance, however, did not remove these exemptions consistent with staff’s recommendation, as noted in the staff report, which the Council approved by motion per the vote below. The attached ordinance corrects this minor clerical error in that it reflects City Council’s approval of staff recommendations and thus includes the removal of these two exceptions. Typographical or clerical errors do not require re-introduction. Calif. Government Code Section 25131.
The City Council introduced the attached ordinance with the following vote:
AYES: Mayor Gauthier, Vice-Mayor Lopez, Councilmembers Barragan, and Romero NOES:
ABSENT: Councilmembers Abrica
ABSTAIN:
As amended, for the minor clerical error noted above (highlighted in blue in Attachment 1), this item is now before the Council for adoption of the ordinance, waiving the second reading, which is attached to this report as Attachment 1.
Fiscal Impact
There is no fiscal impact with the items described in this staff report.
Public Notice
Notice of the 1st public hearing (March 7, 2023) was published in the local newspaper: Palo Alto Daily News on February 24, 2023. Additionally, a Notice of the public hearing was published in the local newspaper: San Mateo Daily Journal on March 16, 2023. The City Council agenda and staff report were made available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
This action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) in that the standards set forth in the ordinance are more protective of the environment than the California Energy Code standards, and there is no possibility that the activity in question may have a significant effect on the environment. As a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines section 15308 in that the standards set forth in the ordinance assure the maintenance, restoration, enhancement or protection of natural resources and the environment. In addition, CEQA Guidelines section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) applies to the project in that the standards set forth in the Ordinance are consistent with the General Plan and the Climate Action Plan.
Attachments
1. Ordinance