CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/24/2022
1 SUBJECT:
Discussion of 2022 California Building Code triennial update and proposed local amendments including building electrification requirements (i.e., Reach Codes), geotechnical hazard analysis requirements, and utility undergrounding.
RECOMMENDED ACTION:
Receive a presentation and provide direction to confirm local amendments to be included in an ordinance to be introduced on 11/14/2022.
STAFF CONTACT:
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The standards for construction of buildings are contained in Title 24 of the California Code of Regulations, more commonly known as the “California Building Code” (CBC). The CBC includes 12 parts addressing a range of regulations that comprehensively address building safety, energy efficiency, and other factors.1 State law requires local agencies including the City of Pacifica to adopt updated versions of the CBC every three years. The City of Pacifica must adopt the next triennial CBC update (2022 CBC) so that it can be effective as of January 1, 2023. State law also allows local agencies to amend the CBC, which is standardized across the state of California, to make changes that are reasonably necessary because of local climatic, geological, or topographical conditions.2
On September 27, 2022, the City Council conducted a study session to discuss potential local amendments related to electrification of buildings and electric vehicle (EV) charging station requirements, commonly known as “Reach Codes” because they exceed CBC requirements.
The City Council provided direction to staff on certain Reach Codes for new buildings to consider for adoption as part of the 2022 CBC update while deferring consideration of Reach Codes for altered buildings (i.e., renovations and additions) to the future.
For several CBC update cycles, the City has also adopted other local amendments to various components of the CBC. These have included the Building Code, Residential Code, Electrical Code, Plumbing Code, Energy Code, and Green Building Standards Code (codified in Pacifica Municipal Code [PMC] Title 8), as well as the Fire Code (codified in PMC Title 4, Chapter 3).
Staff intends to carry forward these local amendments in largely the same form as in prior updates with minor amendments to eliminate typos, improve organization of sections to align with the 2022 CBC, and other minor amendments.
1 These 12 parts include the Administrative Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, Fire Code, Existing Building Code, Green Building Standards Code, and Referenced Standards Code. 2 Health and Safety Code § 17958.5. State law also allows for local amendments to the California Historical Building Code due to local seismic conditions. Health & Safety Code § 18959(f).
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Since adoption of the last CBC update, staff has identified two other local amendments for consideration by City Council:
• Geotechnical hazard assessments
• Underground utility installation
These new local amendments are discussed in greater detail in the following sections of this staff report.
Geotechnical Hazard Assessments
The scope of required geotechnical hazard investigations arose during the General Plan update process. Section 1803 of the CBC, and related provisions in Section R401.4 of the California Residential Code, require an evaluation of the soils present on a development site by a registered design professional such as a civil engineer to determine whether any geological hazards may be present that could cause damage to the proposed structure, for instance from seismic activity. However, these standards are focused on the development site only and do not expressly require consideration of off-site conditions that may also relate to geotechnical hazards.
The local amendment would require evaluation of potential off-site geotechnical hazards, including but not limited to those upslope and/or downslope of a project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project. When such hazards are identified, it would also require appropriate design features to minimize them. The proposed local amendment would not require or authorize entry onto neighboring properties such as for the purpose of obtaining soil borings. Rather, the hazard assessment would be limited to data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publiclyaccessible areas in the vicinity of the project site, including but not limited to public rights-of-way and public open spaces.
Staff is seeking direction from City Council whether to include this local amendment in the CBC update. Staff recommends City Council inclusion of this local amendment as a citywide requirement to evaluate off-site geotechnical hazards prior to building permit issuance as a complement to similar analyses that are often performed during the discretionary permit review and California Environmental Quality Act (CEQA) analysis processes. The local amendment would also contribute to implementation of the 2040 General Plan which includes various policies addressing geotechnical hazards in the Safety Element, including but not limited to Implementing Policy SA-I-8 that requires geotechnical studies on certain sites with potential geotechnical hazards. Staff believes there is sufficient evidence to support a finding that this proposed local amendment is reasonably necessary due to local geological and topographical conditions in light of Pacifica’s extensive geotechnical hazard zones identified by the State Geologist, the prevalence of steep slopes in Pacifica, and Pacifica’s history of significant and damaging debris flows and other landslide types.
Underground Utility Installation
The 2040 General Plan requires underground installation of utilities in all new development, as did the 1980 General Plan that preceded it. However, the City does not currently have a generally-applicable ordinance requiring underground utility installation in new development.
This local amendment would create such a citywide requirement that would apply to all new buildings.
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The local amendment would require the following for new structures:
● All on-site utility lines must be placed underground; ● All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and
● If any utility lines are being upgraded, the upgraded portions as well as the pre-existing lines shall be placed underground.
The local amendment would also include an exception from the underground utility installation requirements when any of the following three conditions apply:
• The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within the last year from the date the building permit application was filed;
• The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure; or
• The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the residence, and that the carrier has refused to provide utilities through undergrounded utility lines.
Staff is seeking direction from City Council whether to include this local amendment in the CBC update. Public Works Department staff has identified the requirement to underground utility installations for new development as an important local amendment for public health and safety in light of Pacifica’s earthquake risk and the presence of wildland-urban interface areas. As a result of these climatic, geological, and topographical conditions, a local amendment would be appropriate. Planning Department staff also recognizes the aesthetic improvement that results when utilities are installed underground. Therefore, staff recommends City Council inclusion of this local amendment.
Reach Codes (Electrification)
The City Council provided direction to staff on certain Reach Codes for new buildings at a study session on September 27, 2022. The tables below summarize the City Council’s direction:
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MODIFICATIONS TO REACH CODES ADOPTED WITH 2019 CBC UPDATE Topic Applicable to New Buildings Direction on 9/27/2022 Exception 1 to All Electric Building
requirement:
All Residential buildings may contain nonelectric Cooking Appliances and Fireplaces.
Eliminate exception.
Exception 2 to All Electric Building
requirement:
Public agency owned and operated
emergency centers.
Eliminate exception.3
However, if the City Council determines to keep
this exception, then revise the local amendment
to define “Emergency Center” to include a broad
range of public facilities used for emergency
operations and services (e.g., emergency
operations center [EOC], fire/police stations,
emergency evacuation/comfort centers, etc.).
Exception 3 to All Electric Building
requirement:
Accessory dwelling units as defined in
Article 4.5 - Accessory Dwelling Units.
Eliminate exception.
Exception 4 to All Electric Building
requirement:
Non-residential buildings containing a forprofit restaurant open to the public may be approved at the discretion of the Building
Official for an exception to install gas-fueled
cooking appliances. This request must be
based on a business-related reason to cook
with a flame that cannot be reasonably
achieved with an electric fuel source.
Examples include barbeque-themed
restaurants and pizza ovens.
There was not clear direction from a majority of
City Council to eliminate this exception. Some
Councilmembers wanted additional information
on the preferences of restaurant operators (gas
vs. electric), as well as information about
restaurants approved since 2020 (when the
current 2019 Reach Codes took effect) and
whether they installed electric cooking
appliances.
Staff has been unable to poll restaurant operators
since the City Council study session on
9/27/2022. However, staff reviewed building
permits issued for new restaurants since the
effective date of the 2019 Reach Codes
(1/1/2020) and determined the following:
- Five new restaurants opened
- Two utilized only electric cooking
appliances
- One utilized only gas cooking appliances
- Two utilized both electric and gas cooking
appliances
Based on the building permit history since
enactment of the 2019 Reach Codes, staff’s
assessment is that the majority of the five new
restaurants (60%) chose to use the exception
and install gas cooking appliances for some or all
3 The City does not currently own or operate any natural-gas powered backup generators at facilities that would be included in the “emergency centers” definition. However, the Public Works Department does operate natural gas-powered backup generators at some stormwater and wastewater pump stations.
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Topic Applicable to New Buildings Direction on 9/27/2022 of their cooking needs.
Staff is seeking direction from City Council
whether to retain or to remove this exception for
certain restaurants.
NEW REACH CODES TO ADOPT WITH 2022 CBC UPDATE
Topic Applicable to New
Buildings
Direction on 9/27/2022
EV parking requirements –
Single-family and two-family
dwellings
Incorporate the model code provisions.
The model code would require two EV spaces total:
- One Level 2 EV Ready circuit 4
- One Level 1 EV Ready circuit 5
EV parking requirements –
Multi-family dwellings (3+
dwelling units)
Incorporate the model code provisions with the “high power” option.
The model code’s “high power” option would establish EV parking space requirements on a dwelling unit basis, as opposed to a proportion of overall parking spaces, to ensure each dwelling unit has dedicated access to EV charging
infrastructure, as follows:
- Level 2 EVCS: 15% of dwelling units with parking
spaces 6
- Level 2 EV Ready (low-power): 85% of dwelling units
with parking spaces 7
-
To minimize costs associated with affordable housing
development, the local amendment would give a developer the discretion to exclude any dwelling unit that is a deedrestricted affordable housing unit from EV parking requirements.
EV parking requirements –
Non-residential
Incorporate the model code provisions, with change of
“capable” to “ready.” 8
The model code includes two categories of non-residential development: Offices and All Other. The City Council also considered establishing new categories for publicly-owned or operated parking lots and overnight accommodations.
With the changes directed by City Council, non-residential EV parking would be required as follows:
4 Level 2 charging refers to a 240-volt circuit and results in faster charging as compared to Level 1 charging which uses a 120-volt circuit.
5 Ibid.
6 EVCS includes the elements of an EV ready configuration plus an EV charging station. 7 A “low-power” Level 2 EV Ready setup includes a minimum 4.1 kVA (240 volt, 20-ampere) circuit, as compared to a standard Level 2 EV Ready setup that includes a minimum 8.3 kVa (240 volt, 40-ampere) circuit.
8 Ibid.
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Topic Applicable to New
Buildings
Direction on 9/27/2022
Offices
- Level 2 EVCS: 20% of off-street parking spaces
- Level 2 EV Ready: 30% of off-street parking spaces
Public Parking Lots9(Staff Recommendation)
- Level 2 EVCS: 15% of off-street parking spaces
- Level 2 EV Ready: 20% of off-street parking spaces
Overnight Accommodations (Staff Recommendation)
- Level 2 EVCS: 30% of off-street parking spaces
- Level 2 EV Ready: 20% of off-street parking spaces
All Other
- Level 2 EVCS: 10% of off-street parking spaces
- Level 2 EV Ready: 10% of off-street parking spaces
Staff’s recommendation for Public Parking Lots reflects an assessment that such lots dedicated to primary use as visitor parking will likely have medium parking durations between those for retail parking (included in the All Other category, with short durations) and Offices (long durations).
Staff’s recommendation for Overnight Accommodations
reflects an assessment that many occupants may drive
significant distances before, during, and after their stays, and as a result will require a greater proportion of Level 2 EVCS parking spaces than other uses.
Reach Codes (Graywater)
The City Council also directed exploration of a potential Reach Code related to use of graywater10 for certain domestic plumbing purposes. The 2022 Plumbing Code contains standards for graywater systems but does not mandate their installation or use.
Staff has evaluated the Town of Portola Valley’s graywater ordinance 11, which was adopted in 2017, and which was mentioned at the September 27 study session. Portola Valley’s ordinance requires graywater ready infrastructure in new buildings to enable future installation of a distributed irrigation system. Graywater ready infrastructure includes:
- installation of additional drain piping to capture the discharge from all clothes washers and all applicable fixtures from bathrooms located above grade; - connection of the additional drain piping to either a separate multiple pipe outlet or a 9 Includes parking lots dedicated to primary use as an off-street parking facility, and does not include offstreet parking areas that are accessory to another primary use such as an office or other public facility. 10 The term “graywater” is defined in the California Plumbing Code as “untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. ‘Graywater’ includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.”
11 Primarily on page 10.
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diverter valve and an outside “stub-out” installation on clothes washing machine hookups, to allow separate discharge of graywater directly for irrigation; - installation of a building drain(s) for lavatories (i.e., bathroom sinks), showers, and bathtubs segregated from drains for all other plumbing fixtures, connected to the blackwater (i.e., non-graywater) drain pipe a minimum of three feet from the building foundation;
- Installation of a power supply for future graywater treatment system; and - identification of an appropriate location for future installation of a graywater treatment system, including storage tanks.
The graywater Reach Code enacted by Portola Valley requires the installation of plumbing and other improvements during new construction due to the typical location of these components behind finished walls and beneath finished surfaces such as floors and concrete. Because of the limitation to a ready status, the Portola Valley ordinance would not result in graywater reuse for irrigation until such future time as a building owner voluntarily installs the remaining system components to enable a fully functioning system. Portola Valley’s ordinance also would require installation of a separate drain system by a licensed plumber, potentially increasing project costs. The licensed plumber would need to coordinate with a licensed electrician given the requirement to also install a power supply for a future graywater treatment system.
Other alternative ways to reduce water use for irrigation that may be considered more costeffective and impactful than a graywater Reach Code, include restricting installation of high water use landscaping and requiring water-efficient irrigation systems. These alternative methods would have the added benefit of being adaptable to existing buildings, whereas there is not likely to be a cost-effective way to convert existing buildings to a graywater ready status due to the need to access and install plumbing drain pipes that may be located behind finished walls or elsewhere that would require invasive demolition to expose.
Staff is seeking City Council direction on whether to further explore graywater Reach Code options for inclusion in the ordinance adopting local amendments.
Conclusion
The City Manager is seeking City Council confirmation of direction from the September 27 study session regarding carrying forward existing non-Reach Code local amendments, and incorporating Reach Codes addressing building electrification and EV charging for new buildings as detailed in this report. The City Manager also recommends adding requirements to study off-site geotechnical hazards and installation of underground utilities, and seeks Council input on these requirements. Finally, the City Manager requests City Council direction whether to include Reach Codes related to graywater.
ALTERNATIVE ACTION:
None identified. Staff is only requesting direction by City Council. Any decision to adopt local amendments to the CBC would be considered by the City Council at a future public hearing.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adoption of local amendments to the CBC is not related to a City Council priority work plan item.
However, adoption of certain local amendments, including Reach Codes, would support the following Council-adopted goals:
Goals
● “Stewardship of City Infrastructure” includes repairing/replacing outdated city facilities, improving streets, stormwater and wastewater infrastructure and responding to impacts of sea level rise and other effects of climate change.
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● “Environmental Sustainability” includes stewardship of parks, urban forests and open space, preserving hillsides and beaches, and adaptation to climate change.
In addition, the City of Pacifica’s Climate Action Plan (CAP) Goal 4.1.1 states that the City should “Require Green Building Practices in Both the New Construction and Remodel Market.” FISCAL IMPACT:
The Fiscal Year 2022-2023 adopted budget included $25,000 for costs associated with the 2022 California Building Code update. Staff estimates the budgeted amount should be sufficient for analysis and adoption of all local amendments identified in this staff report. Council direction to analyze other local amendments has the potential to incur additional costs that were not anticipated in the adopted budget.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST: