Resolution Number 1331
50 WHEREAS , the Department of Housing and Community Development found the 51 Housing Element to be in substantial compliance with State law; and 52 53 WHEREAS , the Housing Element included a number of programs that were required to 54 be implemented , including adoption of ordinances; and 55 56 WHEREAS , failure to adopt the required ordinances could cause the City's Housing 57 Element to fall out of compliance with State law which could lead to a revocation of the 58 substantial compliance determination ; and
59 60 WHEREAS , the City's ability to meet its regional housing needs assessment ("RHNA") 61 was based in part on the proposed densities set forth in the Old Town La Verne Specific Plan 62 ("OTLVSP") which includes of maximum of 60 du/acre and 70 du/acre in the Mixed-Use 1 and 63 Mixed-Use 2 Districts; and
64 65 WHEREAS , the anticipated residential development in Mixed-Use 1 and Mixed-Use 2 66 Districts is not only necessary to meet the City's RHNA numbers, it is also necessary to support 67 the vision set forth in the OTLVSP as well as the Enhanced Infrastructure Financing District 68 (''EIFD") that was created for that area; and
69 70 WHEREAS , in order to fulfill the OTLVSP , meet the City's RHNA, and accomplish the 71 goals of the EIFD , it is necessary to establish a minimum density in the Mixed-Use 1 and Mixed- 72 Use 2 Districts of the OTLVSP; and
73 74 WHEREAS , a number of policies in the Housing Element encourage higher density 75 development and Policy 4.3 specifically provides that the City should encourage higher density 76 and mixed-use projects in the form of transit-oriented development around the Metro L Line 77 station; and
78 79 WHEREAS , in addition to the programs set forth in the City's Housing Element, there 80 have been changes to state law which have rendered the City's Municipal Code out of date; and 81 82 GENERAL PROCEDURES
83 84 WHEREAS , on January 8, 2025, the Planning Commission of the City of La Verne held 85 a duly noticed public hearing on this Ordinance at which time it considered all evidence 86 presented, both written and oral; and
87 88 WHEREAS , the Planning Commission desires to amend the La Verne Municipal Code 89 so as to implement the programs required by the 2021-2029 Housing Element, impose 90 minimum requirements in the OTLVSP, and update the Municipal Code to comply with law; 91 92 NOW, THEREFORE , BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF 93 LA VERNE :
94 95 SECTION 1. The above recitals are true and correct and are incorporated herein by 96 reference as substantive findings of this Resolution. 97 98 SECTION 2. Based upon the entire record before the Planning Commission and the 99 findings set forth herein in the attached DRAFT City Council Ordinance, the Planning 100 Commission of the City of La Verne hereby recommends the City Council approve an Agenda Packet - February 3, 2025
Resolution Number 1331
IO 1 ordinance amending the Old Town La Verne Specific Plan (OTL VSP) and Title 18 of the 102 La Verne Municipal Code.
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I 04 SECTION 3. The documents and materials that constitute the record of proceedings on 105 which this Resolution has been based are located at City Hall, 3660 D St, La Verne, CA 91750.
I 06 The custodian for these records is the City Clerk. This information is provided pursuant to Public 107 Resources Code section 21081.6.
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109 SECTION 4. This Resolution shall become effective upon its adoption.
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11 1 SECTION 5. Signature. The Chairperson shall sign, and the Secretary shall attest to the I J 2 adoption of Resolution No. 1331.
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114 APPROVED AND ADOPTED this eighth day of January 2025, by the Planning 115 Commission at La Verne, California .
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ATTEST 0(-tf:fil
secretari"Planning Commission
Agenda Packet - February 3, 2025
City of La Verne,City Council
Agenda Report
DATE: February 3, 2025
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: RESOLUTION OPPOSING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROPOSED AMENDED RULES 1111 AND 1121 RELATED TO
REGULATION OF AIR EMISSIONS FROM RESIDENTIAL AND BUSINESS NATURAL GAS FURNACES AND WATER HEATERS.
SUMMARY
The South Coast Air Quality Management District (SCAQMD) will consider two Proposed Amended Rules (PARs), Rule 1111 and Rule 1121, regulating the emissions from residential and commercial furnaces and emissions from residential water heaters. The proposed amendments to the rules seek to transition to zero-emission space and water heating appliances, based on future effective dates, when existing appliances need to be replaced. The proposed Resolution seeks to oppose the two rules based on costs to transition and seeks additional time and assistance to affected residents and businesses.
RECOMMENDATION
That the City Council adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, OPPOSING PROPOSED AMENDED RULES 1111 AND 1121 OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RELATED TO
REGULATION OF NATURAL GAS EMISSIONS DUE TO COSTS TO AFFECTED BUSINESS AND RESIDENTS."
DISCUSSION
After being contacted by residents, Mayor Tim Hepburn requested that this item be placed for consideration by the City Council. Previously, on December XX, 2024, the City sent a letter to the South Coast Air Quality Management District (SCAQMD) expressing the City Council's opposition to the Proposed Amended Rules stating that while the City Council shares SCAQMD’s commitment to improving air quality, the proposed amendments pose significant challenges and unintended consequences for our community.
One of the functions of SCAQMD is to promulgate rules that assist the region in attaining federal air quality standards. Rule 1111 regulates the emissions from residential and commercial furnaces and Rule 1121 regulates the emissions from residential water heaters.
The proposed amendments to the rules seek to transition to zero-emission space and water heating appliances, based on future effective dates, when existing appliances need to be replaced.
There is strong concern over the two Proposed Amended Rules (PARS) due to the costs associated with implementing the regulations upon residents and business owners. Estimates
Agenda Packet - February 3, 2025
Resolution Opposing South Coast Air Quality Management District Proposed Amended Rules 1111 and 1121 Related to Regulation of Air Emissions from Residential and Business Natural Gas Furnaces and Water Heaters. ,
from a SCAQMD draft staff report on the PARS show replacement costs for space heaters ranging from $18,500 to $21,500 in an electric panel upgrade is needed. For water heater replacements, the cost to go electric ranges from approximately $5,200 to $8,200. At this time, SCAQMD has not released information on the proposed Go Zero Incentive Plan which is proposed to reimburse residents for the transition. It is important to note that as understood, the Go Zero Incentive Plan is a rebate program so residents would need to provide upfront funding. An example from a SCAQMD presentation shows the cost of a Heat Pump Water Heater at $5,200 while the incentive rebated is only in the $1,000 to $2,000 range, though with longer-term fuel savings derived from the switch.
Previously, on June 7, 2024, SCAQMD’s Governing Board approved updates to Rule 1146.2 that will require new and existing residential and commercial buildings to transition to zero- emission (ZE) water heaters, to include natural gas-fired pool heaters, larger water heaters, small commercial water heaters, boilers, and process heaters, starting January 1, 2026.
Concern expressed by industry and resident commenters in meetings held by SCAQMD include that the rules create significant burdens for consumers and will potentially cost billions of dollars to only slightly reduce overall nitrogen oxide (NOx) emissions within the South Coast Air Basin. Based on information contained in a preliminary staff report for the Proposed Amended Rules, that percentage is 10 tons per day out of the total 351 tons per day of NOx emitted by all sources within the basin. As such, there is concern that PARs 1111 and 1121 require significantly more public education and consideration before being promulgated by SCAQMD.
FISCAL ANALYSIS
The consideration and adoption of the Resolution does not have a City fiscal impact.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed the proposed Resolution.
ATTACHMENTS
1. Reso No 25-XX SCAQMD Rules 1111 and 1121
2. Rule 1111 and 1121 Factsheet
Agenda Packet - February 3, 2025
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, OPPOSING PROPOSED AMENDED RULES 1111 AND 1121 OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RELATED TO
REGULATION OF NATURAL GAS EMISSIONS DUE TO COSTS TO AFFECTED
BUSINESS AND RESIDENTS
WHEREAS, the South Coast Air Quality District (SCAQMD) is a regional air pollution control agency representing Los Angeles, Orange, Riverside and San Bernardino counties with responsibility for regulating stationary sources of air pollution; and WHEREAS, the SCAQMD is considering two rules that would have a significant impact on up to 17 million South Coast homeowners, renters and businesses: Rule 1111 would regulate air emissions from gas-powered central furnaces; and Rule 1121 would regulate air emissions from residential-type, natural gas-powered water heaters; and WHEREAS, Rules 1111 and 1121 would impose high costs to consumers while providing limited measurable air quality benefits for the four-county SCAQMD service area; and WHEREAS, the two rules would ban the use of natural gas-powered furnaces and water heaters in new construction, taking effect in 2026. These rules would phase out existing natural gas furnaces and water heaters in existing single-family homes, multi-family housing, and businesses in 2027; and
WHEREAS, housing affordability is and will remain a top public policy priority for all local governments for the foreseeable future, and local governments are being pressured to build more housing, specifically housing people can afford and maintain. Any regulations that increase these costs deserve scrutiny to ensure that the increased costs are met with an equal or more significant amount of benefit to the consumer; and
WHEREAS, unlike most SCAQMD rules that regulate large stationary sources of air pollution like oil refineries and warehouses, Rules 1111 and 1121 specifically target individual homeowners, apartment buildings, and businesses large and small, meaning that families and business owners will directly bear the costs of these two rules; and
Agenda Packet - February 3, 2025
WHEREAS, Rules 1111 and 1121 would require retrofitting homes, apartments, and businesses with electrical panel upgrades, extensive new plumbing, and physical renovations to accommodate compliant units; and
WHEREAS, on June 7, 2024, SCAQMD’s Governing Board approved updates to Rule 1146.2 that will require new and existing residential and commercial buildings to transition to zero-emission (ZE) water heaters, to include natural gas-fired pool heaters, larger water heaters, small commercial water heaters, boilers, and process heaters, starting January 1, 2026; and WHEREAS, for apartment owners, the cost to replace natural gas water heaters and furnaces with all- electric units will be passed down to tenants, leading to rent increases and placing additional financial pressure on renters; and
WHEREAS, updates to Rule 1146.2 will impact approximately 710,000 natural gas-fired residential pool and spa heaters alone, which will lead to further economic hardship to those pool owners; and
WHEREAS, for homeowners, and especially senior homeowners, of whom the City has a higher percentage than other cities, the costs to retrofit homes could be financially infeasible; and WHEREAS, the City Council shares the commitment of SCAQMD to clean air and water and other quality of life benefits that draw and retain residents and businesses; however, the current version of Rules 1111 and 1121 will increase the cost of living in La Verne and potentially impact job creation and business retention.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE THAT:
SECTION 1. Rules 1111 and 1121 will have a profound impact and impose significant costs on thousands of La Verne homeowners and renters and hundreds of businesses; and SECTION 2. The City Council requests more time to allow for a more robust public outreach process that ensures residents and businesses are properly informed and that questions regarding cost, technology, and the availability of potential incentives are able to be addressed; and
Agenda Packet - February 3, 2025
SECTION 3. The City Council of the City of La Verne opposes Proposed Amended Rules 1111 and 1121 and urges the SCAQMD to indefinitely delay or cease consideration of these two regulations.
PASSED, APPROVED, AND ADOPTED this 3rd day of February 2025.
_____________________
Tim Hepburn, Mayor
ATTEST:
__________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 25-XX was introduced and adopted at a regular meeting of the City Council of the City of La Verne held on the 3rd day of February 2025, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Debra Fritz, Deputy City Clerk
Agenda Packet - February 3, 2025
South Coast AQMD is Conducting
Rulemaking that Could Impact Your Home
Water Heaters and Furnaces
How Will the Rules Impact You?
Will Financial Assistance
be Available?
Rules will take effect in 2-5 years and will be
required only when:
Existing appliances
break
Appliances are
voluntarily replaced
Will There be any Flexibility?
Exceptions will be allowed for:
South Coast AQMD is working on an
incentive program to provide rebates
for residents, building owners and small
businesses.
Health Benefits
4,000 premature deaths
16,000 cases of newly onset asthma
4,000 emergency room visits
Want to provide feedback on the rules or need more information? Join a working group meeting.
More information can be found at: www.aqmd.gov/home/rules-compliance/rules. To receive future updates on rulemaking and incentives via email newsletter: Subscribe by checking the
“Building Appliances” box located under Rule Updates: www.aqmd.gov/sign-up.
Get Involved
Once implemented, these rules will prevent:
The rules will reduce emissions from residential furnaces (Rule 1111) and water heaters (Rule 1121) by transitioning to zero-emission appliances.
@SouthCoastAQMDSouth Coast Air Quality Management District 21865 Copley Dr. Diamond Bar, CA 91765
www.aqmd.gov • 1-800-CUT-SMOG
©
More
info
Construction or utility
upgrades delays
buildings
Owners of multifamily
Considering other
circumstances
High-altitude areas
V.1
Agenda Packet - February 3, 2025
From: Richard Bowen <[email protected]>
Sent: Monday, February 3, 2025 11:20 AM
To: Tim Hepburn <[email protected]>; Meshal Kashifalghrita <[email protected]> Cc: Ken Domer <kdomer@cityoflaverne.org>
Subject: Phone tower in North La Verne
Mr Mayor Hepburn (Dist 5) and Councilman Kashifalghrita (Dist 4)
For many years (over 15 at least) a large portion of northern La Verne has had terrible mobile phone service.
This has been an issue to many residents for a long time. Also, in many cases, vendors cannot use their phones or internet connections trying to work in this area.
The recent power outage put a focus on this problem from a safety issue.
With NO power and limited to NO phone service residents in No. La Verne were put in greater danger.
I am requesting that the city immediately address getting a tower(s) or any other system to offer normal mobile service in this critical area of the city.
All other areas of the city have great mobile service, why not US? This is no longer a joke but a potential crucial lifeline for many citizens.
Please request that the city IMMEDIATELY arrange for the safety of La Verne residents.
Respectfully,
Richard Bowen
42 year resident
BTW
Will one of you (or the city manager) read this during the council meeting tonight or do I need to attend in order for it to be made public?
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