RESOLUTION NO. 22-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERCULES RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 5 OF TITLE 9 OF THE HERCULES MUNICIPAL CODE TO REQUIRE CERTAIN NEWLY CONSTRUCTED BUILDINGS TO BE ALL-ELECTRIC BUILDINGS.
WHEREAS, the 2022 Edition of the California Building Standards Code (CBSC) will take effect throughout California on January 1, 2023, and provides standards for both the use of natural gas and electricity for substantially the same purposes, such as heating buildings, cooking food, etc.; and WHEREAS, Health and Safety Code Sections 17958.5 and 18941.5 authorizes local agencies to establish more restrictive building standards than those specified in the CBSC, including, but not limited to, green building standards that are reasonably necessary because of local climatic, geological, or topographical conditions based on and in accordance with the findings required by Health and Safety Code Section 17958.7 and the other requirements imposed by Section 17958.7; and WHEREAS, after the staff presentation at its regular meeting on September 28, 2021, the City Council directed staff to return to Council with additional information regarding the range of ordinance types, example ordinance, feasibility, and power grid capacity; and WHEREAS, after the staff presentation at its regular meeting on January 11, 2022, the City Council directed staff to return to Council following the Contra Costa Board of Supervisors adoption of the County’s All-Electric reach code ordinance; and WHEREAS, after the staff presentation at its regular meeting on February 8, 2022, the City Council directed staff to draft recommendations to amend the 2022 California Building Standards Code to require all newly constructed residential buildings, hotels, and office buildings to be constructed as all-electric buildings without natural gas infrastructure and to present a draft ordinance amendment incorporating such recommendations to the Planning Commission for its consideration and recommendations; and WHEREAS, on April 18, 2022, the Planning Commission held a duly noticed public hearing to consider these amendments and did hear and use its independent judgment to consider all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERCULES DOES HEARBY RESOLVE AS FOLLOWS The foregoing recitals are true and correct and made a part of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF HERCULES RECOMMENDS THAT THE CITY COUNCIL:
Find that the ordinance is Categorically Exempt from CEQA pursuant to Section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility the project will have a significant effect on the environment and thus is not subject to CEQA. Adoption of these building standards does not require or authorize any construction or physical impact to the environment, and the standards themselves are intended to reduce greenhouse gas emissions Adopt the ordinance attached hereto as Exhibit A amending the Hercules Municipal Code and its Building Regulations by modifying Chapter 5 of Title 9, with the following revisions to the Section 100.0(e)(2)(A)(ii) of the ordinance:
Change subsection (b) from “Accessory Dwelling Units” to “Detached Accessory Dwelling Units”; Clarify that rebuilding of existing homes would be subject to the ordinance; and Revise the exception for laboratories and medical buildings to apply only to laboratory- and research-specific functions and not for general heating and appliance purposes.
The foregoing Resolution was duly adopted at a regular meeting of the Planning Commission of the City of Hercules held on the 18th day of April 2022, by the following vote of the Commission:
AYES: Morrison, Rubio, Sacramento, Schaufenbil
NOES:
ABSTAIN:
ABSENT:
Hector Rubio, Planning Commission Chair
ATTEST:
Robert Reber
Community Development Director
Exhibit A: Draft Ordinance amending Chapter 5 of Title 9 of the Hercules Municipal Code (Building Regulations) PC Resolution 22-04 – All-Electric Building Ordinance 2