Local Amendments to the 2022 CA CEC (Title 24 Part 6)
Summary
SCH Number
2024080589
Public Agency
City of Brisbane
Document Title
Local Amendments to the 2022 CA CEC (Title 24 Part 6)
Document Type
NOE - Notice of Exemption
Received
Posted
8/15/2024
Document Description
Ordinance Adopting Green Building Amendments to City of Brisbane Title 15 – Building & Construction, adding a new chapter, 15.83 Energy Performance Reach Code
Contact Information
Name
Jeremiah Robbins
Agency Name
City of Brisbane
Job Title
Associate Planner
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project
Address
Phone
Email
Location
Cities
Brisbane
Counties
San Mateo
Regions
Citywide
Zip
94005
Other Location Info
Citywide
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
California Code of Regulations, Title 14, § 15061(b)(3) & California Code of Regulations, Title 14, § 15308.
Reasons for Exemption
The finding by the Energy Commission required by PRC Section 25402.1(h)(2), that the City of Brisbane ordinance will require the diminution of energy consumption levels permitted by the 2022 Energy Standards, involves the comparison of the energy savings of the ordinance pursuant to an objective fixed standard, and does not require the exercise of judgment or deliberation on the part of the Energy Commission. It is therefore a ministerial act consistent with Section 15369 of Title 14 of the California Code of Regulations and is exempt from CEQA pursuant to Public Resources Code section 21080(b)(1) and section 15268 of Title 14 of the California Code of Regulations.
The Energy Commission also determined that the activity is covered by the general rule that California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. (14 CCR § 15061(b)(3).) 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, the activity is not subject to CEQA. The Energy Commission previously found that its adoption of the California Green Building Code was exempt from CEQA pursuant to Title 14, Section 15061(b)(3). Additionally, analysis indicates that the 2022 Title 24 Part 6 Energy code amendments are not expected to result in significant environmental impacts.
These standards are more protective of the environment than the state standards, and there are no reasonably foreseeable adverse impacts, and so there is no possibility that the activity in question may have a significant effect on the environment. As the lead agency, the City of Brisbane also stated in its application to the Energy Commission that this activity is exempt from CEQA under Section 15061(b)(3) and 15308 of Title 14 of the California Code of Regulations.
County Clerk
San Mateo
Attachments
Notice of Exemption
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