Agenda Item C.1
DISCUSSION/ACTION ITEM
Meeting Date: January 21, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Peter Imhof, Planning and Environmental Review Director PREPARED BY: Dana Murray, Sustainability Manager
Angeline Foshay, Management Analyst
SUBJECT: First Reading of Ordinance Amending Title 15, Chapter 15.12 of the Goleta Municipal Code to Exempt Hospitals from the EV Reach Code
RECOMMENDATION:
Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 25-__ entitled, “ An Ordinance of the City Council of the City of Goleta, California, Amending Title 15, Chapter 15.12 (Green Building) of the Goleta Municipal Code Exempting Hospitals from the Electric Vehicle Reach Code and Finding the Amendment to be Exempt from the California Environmental Quality Act.” BACKGROUND:
Investing in the development and installation of Electric Vehicle (EV) charging infrastructure is identified in the City’s budget priorities and Strategic Plan as a means of supporting environmental vitality and the City’s transition to a clean energy future.
Additionally, ‘Developing an Electrical Vehicle Infrastructure Reach Code’ was a top priority in the City’s adopted Planning & Environmental Review Department’s FY 2023 - 24 Annual Work Program. The City Council adopted an EV Charging Station Permit Streamlining Ordinance in April 2020.
The City’s EV Reach Code was discussed at three public meetin gs of the Council’s Standing Committee on Energy and Green issues, in October 2022, September 2023, and January 2024. The City also held a public webinar/workshop for the community on February 28, 2024. Following those public meetings, the EV Reach Code ordinance was originally introduced for first reading at the May 7, 2024 City Council meeting. Second reading was initially postponed and the ordinance was developed further to clarify language and evidence local climatic, geographical, and topographical con ditions justifying the local amendments for reintroduction.
During the September 3 rd, 2024 City Council meeting , the ordinance was updated to include an exception in the Reach Code for Alterations that solely add Level 1 or Level 2 1 Meeting Date: January 21, 2025
EV charging receptacles or Level 1 or Level 2 EV chargers, and no other addition or alteration is performed. The ordinance was also updated to include clarifying language to Section 301.3 to add “parking lot surfaces.” The requirements in the EV Reach Code for non-residential development were reduced from 45% of parking spaces to 30% of parking spaces. City Council voted unanimously to approve the ordinance at First Reading with those modifications. City Council also directed staff to reach out to Goleta Valley Cottage Hospital about the EV Reach Code.
At the September 17 th, 2024 Council Meeting, Council voted unanimously to adopt the EV Reach Code at the second reading of the proposed ordinance and directed staff to return with an amendment that exempted hospitals from the EV Reach Code. Following the City Council meeting, the City’s EV Reach Code was approved by the State and went into effect on October 17, 2024.
DISCUSSION:
To address direction from Council from the September 3, 2024 discussion and first reading of the ordinance at City Council, staff reached out to Goleta Valley Cottage Hospital. Staff made contact with the Cottage Hospital Support and Construction Manager, and three other employees. The Hospital Construction Manager communicated the hospital’s preference for Cottage Hospital to be excluded from the ordinance due to the significant size of the hospital parking facilities , asserting that allowing charging access would deplete parking availability for staff and patients who are of higher priority, particularly in the event of a medical emergency . In acknowledgement of the hospital staff’s cost concerns associated with parking lot size , especially related to energy - intensive medical technology (such as an MRI machine) that could potentially trigger the State Code and EV Reach Code by requiring updates to the electrical panel, City Council directed that staff return with a potential amendment to the EV Reach Code carving out an exemption for hospitals with the City of Goleta.
As noted at the September 17th, 2024 City Council meeting, the recommended approach to a hospital exemption would be to use the “hospital overlay” zone designated in the Goleta Municipal Code to exclude potential hospital major redevelopment from the EV Reach Code. Staff drafted the attached amendment to exempt alterations in the hospital overlay zone, as it is the only area within the City where there is an existing hospital. The only hospital in Goleta’s boundaries is Cottage Hospital. Therefore, this exempt ion only applies to the property on which Cottage Hospital sits. It should be noted that redevelopment by Cottage Hospital could trigger State EV Code requirements that exist independently of the City’s regulations.
FISCAL IMPACTS:
There is no fiscal impact associated with this item.
2 Meeting Date: January 21, 2025
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs.§ 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed amendment to the City’s EV Reach Code would not be an activity with potential to cause significant effect on the environment. Therefore, it can be seen with certainty that there is no possibility that th e ordinance in question may have a significant effect on the environment; accordingly, the ordinance is categorically exempt from CEQA. A copy of the NOE is provided as an Attachment.
ALTERNATIVES:
1) Amend the ordinance and introduce it; or 2) direct staff to return with further information; or 3) take no action.
LEGAL REVIEW BY: Isaac Rosen, Acting City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Ordinance No. 2 5-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Amending Title 15, Chapter 15.12 (Green Building) of the Goleta Municipal Code Exempting Hospitals from the Electric Vehicle Reach Code and Finding the Amendment to be Exempt from the California Environmental Quality Act”
2. CEQA Notice of Exemption
3. Presentation
3 ATTACHMENT 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.12 (GREEN BUILDING) OF THE GOLETA
MUNICIPAL CODE EXEMPTING HOSPITALS FROM THE ELECTRIC VEHICLE
REACH CODE AND FINDING THE AMENDMENT TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
4 ORDINANCE NO. 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, AMENDING TITLE 15 , CHAPTER 15.12 (GREEN
BUILDING) OF THE GOLETA MUNICIPAL CODE EXEMPTING
HOSPITALS FROM THE ELECTRIC VEHICLE REACH CODE AND
FINDING THE AMENDMENT TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the California State Green Building Standards Commission approved and published the 2022 Edition of the California Green Building Standards Code effective on January 1, 2023, and the California Building Standards Code intervening update on July 1, 2024, both of which provided for specific regulations regarding electrical vehicles; and
WHEREAS, Section 15.12.010.A of the Goleta Municipal Code adopts the latest 2022 Edition of the California Building Standards Code , except as amended by other sections of Chapter 15.12; and
WHEREAS, the City Council adopted Ordinance No. 24 -04 on September 17, 2024, amending Chapter 15 of the Goleta Municipal Code to create a City-specific electric vehicle (EV) Reach Code via amendments to the City’s Green Building Code in Goleta Municipal Code Chapter 15.12; and
WHEREAS, the City Council directed staff to return with an amendment to Chapter
15.12 that would exempt hospitals from the requirements of the City’s EV Reach Code; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that express findings must be made by the City for each local amendment, addition, or deletion to the 2022 California Green Building Standards Cde based upon climatic, topographical, or geological conditions , which include local environmental conditions as established by the City; and
WHEREAS, the Goleta City Council has considered the proposed amendments to the building standards contained in the California Building Standards Code and deem s them necessary in Golet a due to local climatic, geological, or topographical conditions; and
WHEREAS, in accordance with Governmental Code Section 50022.3, a noticed public hearing to be held at the second reading on February 4, 2025, before the City Council and all interested parties, were held;
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct, and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. PUBLIC HEALTH AND SAFETY FINDINGS.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the City of Goleta City Council declares that an amendment to California Building Standard’s Code to exempt the only hospital in Goleta and located on the only property zoned within a Hospital Overlay District is reasonably necessary due to concerns that if building alterations for necessary medical equipment upgrades and major renovations to the hospital within the City trigger potentially costly EV upgrades due to the City’s EV Reach Code, that these costs can potentially delay or prohibit the hospital ’s acquisition of equipment that could ensure certain standards of medical care . With alterations to provide upgraded medical equipment and facilities potentially triggering the City’s EV Reach Code, the resulting cost for electrical infrastructure upgrades could be prohibitive to improving healthcare access and quality for the community. The City Council does not desire to impose a requirement that could potentially negatively impact the provision of care from the only hospital in the City and residents’ access to medical care.
SECTION 3. ENVIRONMENTAL FINDINGS.
The City Council hereby finds and determines that this ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs.§ 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines,§ 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Adoption of the proposed amendment to the City’s EV Reach Code would not be an activity with potential to cause significant effect on the environment. Therefore, it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment; accordingly, the ordinance is categorically exempt from CEQA.
SECTION 4. CODE AMENDMENT.
Subsections 5.106.6.3 and 5.106.5.4 of Section 15.12.050 of Chapter 15.12 of the Goleta Municipal Code are hereby replaced and amended to read in its entirety as follows:
6 A. Section 5.106.5.3, "Electric vehicle (EV) charging . of Chapter 5 of the Green Building Standards Code is amended to read as follows:
Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 EV capable spaces and, Section 5.106.5.3.2 Electric vehicle charging stations and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 Electric vehicle charging stations (EVCS)—Power allocation method and associated Table 5.106.5.3.6 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local
enforcement agency substantiating that additional
local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3,
may increase construction cost associated with utility - owned infrastructure by an average of $4,500 per
parking space. EV infrastructure shall be provided up
to the level that would not exceed this cost for utility service.
d. Alterations that solely add Level 1 or Level 2 EV
charging receptacles or Level 1 or Level 2 EV chargers, and no other addition or alteration is performed. When
this exception is triggered, only Goleta Municipal Code Section 15.12.060 shall not apply but Chapter 5 of the
Green Building Code shall still apply.
e. Alterations to existing hospitals. Projects in the
Hospital Overlay District as identified in Goleta’s
7 Municipal Code Chapter 17.18 shall be exempt from
Goleta Municipal Code Section 15.12.050, but Chapter
5 of the Green Building Code shall still apply.
B. Section 5.106.5.4, "Additions or alterations to existing buildings or parking facilities [A]," is amended to read as follows:
“Existing buildings or parking facilities being modified by one of the following shall comply with Section 5.106.5.4.1 or 5.106.5.4.2. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.
1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.
2. When a new photovoltaic system is installed covering existing parking spaces.
3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.
Exceptions:
1. On a case -by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost associated with utility-owned infrastructure by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
8 d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.
2. Remote parking facilities that do not have access to the building service panel.
3. Parking area lighting upgrades where no trenching is part of the scope of work.
4. Emergency repairs, including but not limited to water line break in parking facilities, natural disaster repairs, etc.”
5. Alterations that solely add Level 1 or Leve l 2 EV charging receptacles or Level 1 or Level 2 EV chargers, and no other addition or alteration is performed. When this exception is triggered, only Goleta Municipal Code Section 15.12.050 shall not apply but Chapter 5 of the Green Building Code shall still apply.
6. Alterations to existing hospitals. Projects in the Hospital Overlay District as identified in Goleta’s Municipal Code Chapter 17.18 shall be exempt from Goleta Municipal Code Section 15.12.050, but Chapter 5 of the California Green Building Code shall still apply.
SECTION 5. SEVERABILITY.
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase of this Chapter, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid or unconstitutional.
SECTION 6. CERTIFICATION.
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
9 SECTION 7. EFFECTIVE DATE.
This ordinance shall take effect 30 days following adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2025.
PASSED, APPROVED, AND ADOPTED this ________day of ______, 2025.
_________________________
PAULA PEROTTE, MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ ISAAC ROSEN
CITY CLERK ACTING CITY ATTORNEY
10 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, Deborah S. Lopez, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 25 -__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
11 ATTACHMENT 2
CEQA Notice of Exemption
12 NOTICE OF EXEMPTION (NOE)
1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117
Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101
Subject: Filing of Notice of Exemption
Project Title: Ordinance Amending Chapter 15.12 Green Building Code of the Goleta Municipal Code to Adopt an Amendment to the Electric Vehicle Reach Code
Project Applicant: City of Goleta
Project Location (Address and APN): Goleta City Hall, 130 Cremona Drive, Suite B Goleta, CA 93117
Description of Nature, Purpose and Beneficiaries of Project: The City of Goleta City Council unanimously adopted an Electric Vehicle (EV) Infrastructure Reach Code on September 17th, 2024. The purpose of EV Reach Code is to enhance long-term public health and welfare by contributing to the overall reduction of greenhouse gas (GHG) emissions and the reduction of air pollutants associated with gas powered vehicles and combustion by increasing EV charging requirements for new construction and significant alterations. Following the City Council meeting, the City’s EV Reach Code was approved by the State and went into effect on October 17, 2024. At the September 17th, 2024 City Council meeting, Council directed staff to return with an amendment that exempted hospitals from the EV Reach Code.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the local amendment to California Building Standard’s Code to exempt the onl y hospital in Goleta zoned within a Hospital Overlay District is reasonably necessary due to concerns that if building alterations for necessary medical equipment upgrades and major renovations to the hospital within the City trigger potentially costly EV upgrades, that these costs can potentially deter or prohibit the hospital’s acquisition of equipment that could ensure certain standards of medical care. With alterations to provide upgraded medical equipment and facilities potentially triggering the EV Re ach Code, the resulting cost for electrical infrastructure upgrades could be prohibitive to improving healthcare access and quality for the community. As there is only one hospital within the City of Goleta, the City does not intend to impose a requirement that could potentially negatively impact the provision of care from the only hospital in the City and residents’ access to medical care.
Name of Public Agency Approving the Project: City of Goleta
Name of Person or Agency Carrying Out the Project: City of Goleta
Exempt Status: (check one)
Ministerial (Sec. 15369)
Statutory (Sec. 21080.35)
Categorical Exemption: (Sec. 15307 & 15308)
Emergency Project (Sec. 15359)
13 NOTICE OF EXEMPTION (NOE)
2 Other: (Sec 15061(b)(3))
Reason(s) why the project is exempt:
This ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs.§ 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed amendment to the City’s EV Reach Code would not be an activity with potential to cause significant effect on the environment. Therefore, it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment; accordingly, the ordinance is categorically exempt from CEQA.
City of Goleta Contact Person and Telephone Number:
Dana Murray, Sustainability Manager, 805-961-7547
Peter Imhof Director, Planning & Environmental Review Date
14 NOTICE OF EXEMPTION (NOE)
3 If filed by the applicant:
1. Attach certified document of exemption finding
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR: _____________________________________________
Note: Authority cited: Sections 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 15 Attachment 3
Presentation
16 Amendment to EV
Reach Code
January 21, 2025
Presentation by:
Dana Murray, Sustainability Manager
Angeline Foshay, Management Analyst
17 Background-History
October 2022 – Green Committee
Overview of EV Reach Codes
Requested more information
September 2023 – Green Committee
Provided EV Reach Code options
Recommendation to pursue model ordinance
January 2024 – Green Committee
Intervening Code updates
Model ordinance option evaluation
Recommendation to pursue model ordinance
February 28, 2024
Public Webinar on Draft EV Reach Code
May 7, 2024 – City Council
Passed unanimously on first reading
September 3, 2024 – City Council
Passed unanimously on first reading with
minor amendments
September 17, 2024 – City Council
Passed on second reading with request to
return with amendment for hospital
exemption
October 17, 2024 – EV Reach Code
E
ffective
2January 21, 2025 City Council Meeting
18 Non-residential
3 2022 CALGreen Intervening
(July 1st 2024) Adopted EV Reach Code
(Anticipated 2025 CALGreen Tier 1 Voluntary)
Mandatory
Offices & Retail (30%):
7% Level 2 EV Capable
23% Level 2 EVCS
All other (30%):
15% Level 2 EV Capable
15% Level 2 EVCS
5%
7%
23%
15% 15%
15%
15% Level 2 EV Capable
5% Level 2 EVCS
% of Parking Spaces
Take-away: EV Reach Code splits non-res into two categories with distinct requirements based on the anticipated 2025 CALGreen
voluntary Tier 1 code
19 Proposed Amendments
Alterations & Additions now trigger EV
code
Proposed amendment - exempt alterations
projects in the Hospit
al Overlay District
Zone from the Reach Code
Hospital Overlay defined in the GMC
Chapter 17.18 -
H Hospital Overlay District
The only hospital in Goleta is in this zone
4January 21, 2025 City Council Meeting
20 Recommendation
A. Introduce and conduct the first reading by title only, waiving further rea
ding of Ordinance No. 25-__ entitled, “An
Ordinance of the City Council of the City of Goleta,
California, Amending Title 15, Chapter 15.12 (Green Building) of the Goleta Municipal Code Exempting Hospitals from the Electric Vehicle Reach Code and Finding the Amendment to be Exempt from the California Environmental Quality Act.”
5January 21, 2025 City Council Meeting
21