Clean Energy Choice Policy, Implementation Measures, and Ordinances

Summary

SCH Number
2020070163
Lead Agency
San Luis Obispo, City of (City of San Luis Obispo)
Document Title
Clean Energy Choice Policy, Implementation Measures, and Ordinances
Document Type
NOE - Notice of Exemption
Received
Posted
7/8/2020
Project Applicant
City of San Luis Obispo
Present Land Use
Citywide

Document Description
A program is entitled "Clean Energy Choice Policy for New Buildings" that by adoption of a Resolution establishes a policy that new buildings should be all-electric. The program includes adoption of two ordinances (described below) and an incentive program to assist with the transition to designing and building all-electric new buildings. Ordinance No. 1684 (2020 Series) - Pursuant to Public Resources Code Section 25402.1(h)(2) and Section 10-106 of the Building Energy Efficiency Standards, the City adopted an Ordinance that amends Title 15 of the City's Municipal Code, adding local amendments to the California Energy Code for new buildings as part of a "Clean Energy Choice" program to encourage that new buildings be all-electric and that energy use in new buildings should not cause net additional greenhouse gas emissions. The local amendments to the California Energy Code include requiring solar panels on new nonresidential buildings, requiring new buildings with natural gas to be built to a substantially higher performance standard, and requiring new residential buildings with natural gas to include "retrofit ready" requirements. The Ordinance includes findings that the amendments are "cost effective" and use less energy than the standard state requirements. There are several exemptions in the ordinance including natural gas use in commercial kitchens. The ordinance only applies to new buildings. It does not apply to existing buildings with natural gas appliances even if that building is sold, renovated or changes use. Ordinance No. 1685 (2020 Series) - The Ordinance amends Title 17 of the City's Municipal Code (Zoning Code) in order to provide limited term regulatory flexibility in support of all-electric new buildings. The Ordinance amends Chapter 17.70 Site Development and General Development Standards, and provides the Director of Community Development authority to grant minor allowances for certain site development standards when there are no practical ways to design a project to be all electric and no other feasible alternatives will result in better implementation of Zoning Regulations or General Plan policies while allowing reasonable use of sites. The regulatory flexibility will be in effect for a limited time in order to address design challenges that may arise during the initial transition period to all-electric buildings and is proposed to run from September 1, 2020 to December 31, 2022.

Contact Information
Teresa McClish
City of San Luis Obispo
919 Palm Street Community Development Department
San Luis Obispo, CA 93401

Phone : (805) 783-7840
tmcclish@slocity.org

Location

Cities
San Luis Obispo
Counties
San Luis Obispo
Regions
Citywide Southern California
Cross Streets
Citywide
Zip
93401
State Highways
101, 227, 1
Railways
UPRR
Airports
San Luis Obispo County Regional
Schools
All schools (high school, middle school, elementary), Cal Poly
Waterways
San Luis Obispo Creek and tributaries
Base
MDBM
Other Location Info
Citywide

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Sections 15308 and 15303
Reasons for Exemption
The Clean Energy Choice Program for New Buildings is categorically exempt from CEQA because they constitute actions taken by a regulatory agency for the purpose of protecting the environment (CEQA Guidelines Section 15308). In addition, the ordinances are exempt from CEQA under the General Rule, 15061 (b)(3), on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the activity in question may have a significant effect on the environment. The ordinance to provide regulatory flexibility is additionally categorically exempt from environmental review under the Class 3 exemptions for (1) construction and location of limited numbers of new small facilities or structures (2) installation of small new equipment and facilities in small structures (15303 CEQA Guidelines).
Exempt Status
Other
Type, Section or Code
General Rule, Section 15061(b)(3)
Reasons for Exemption
The Clean Energy Choice Program for New Buildings is categorically exempt from CEQA because they constitute actions taken by a regulatory agency for the purpose of protecting the environment (CEQA Guidelines Section 15308). In addition, the ordinances are exempt from CEQA under the General Rule, 15061 (b)(3), on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the activity in question may have a significant effect on the environment. The ordinance to provide regulatory flexibility is additionally categorically exempt from environmental review under the Class 3 exemptions for (1) construction and location of limited numbers of new small facilities or structures (2) installation of small new equipment and facilities in small structures (15303 CEQA Guidelines).

Attachments

Notice of Exemption
NOE_Clean Energy Choice Program   PDF 102 K

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