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2020-11-10 Item 09 Reach CodesCITY COUNCILAGENDA REPORTC IT^^s^vs^^^/FO^tiCITY OF MILLBRAE621 Magnolia AvenueMiIIbrae, CA 94030SUBJECT:Public Hearing to Adopt Amendments to the EnergyCode of the Millbrae Municipal Code for Title 24,California Code of Regulations, Part 6 Energy Code andPart 11 Green Building Code to Adopt Local ReachCodes to Reduce Greenhouse Gas EmissionsATTACHMENTS:1. Ordinance2. Ordinance with Track Changes3. Bay Area Exceptions ChartReport No. f^Stp IAgenda Item: <si\For Agenda of: November 1 0, 2020Department: Public WorksOriginator:Approved^Khee LimPublic Works DirectorBudget Action: D YesNoFinance Review: N/AREPORT TYPE: S ACTION D INFORMATIONALITEM TYPE: D CONSENT S PUBLIC HEARING D EXISTING BUSINESS D NEW BUSINESSRECOMMENDATION:Staff recommends that the City Council first convene the public hearing to take public comments, waive thesecond reading, and adopt an ordinance to adopt amendments to the Energy Code of the Millbrae MunicipalCode for Title 24, California Code of Regulations, Part 6 Energy Code and Part 11 Green Building Code toadopt local Reach Codes to reduce greenhouse gas emissions.BACKGROUND:At the October 27,2020 City Council meeting, staff presented a report for the first reading of an ordinanceto adopt amendments to the Energy Code and Green Building Code to adopt local Reach Codes to reducegreenhouse gas emissions. The Reach Codes go beyond the Energy Code and CalGreen Building Code toinclude building electrification, solar installation, and electric vehicle (EV) charging station infrastructurefor new developments.Utilizing Peninsula Clean Energy's (PCE) model Reach Codes and adapted codes from other jurisdictions,staff developed Reach Codes based on input from the City Council Infrastructure Subcommittee that meton September 17, 2020. At the October 27, 2020 City Council meeting. City Council members amendedone change to the building electrification section and one change to the electric vehicle section.The Reach Codes are measures included in the City's adopted Climate Action Plan (CAP), which willenable the City to reduce greenhouse gas (GHG) emissions by 3,111 metric tons of carbon dioxideequivalent. This will help the City towards meeting the CAP GHG emissions reduction target of reducingcommunity-wide GHG emissions by 49% by 2030 from the base year of 2005. While the Reach Codesapply only to new building developments, the CAP contains a variety of measures to reduce GHGPage 1 of 717002994.1 emissions from existing buildings that complement the Reach Codes.During the public comment period, all commenters spoke in favor of Reach Codes, with a fewrecommendations for amendments.ANALYSIS:Local governments are required by law to adopt new changes to the California Building Standards Codeevery three years (known as code cycles) proposed by the State. During this cycle, or independently of it,optional local building code amendments, such as known as Reach Codes, can be adopted that exceedState code standards to meet local environmental goals. The next code cycle will take effect January 1,2022. During the next code cycle, the City will have the opportunity to adopt new Reach Codes to exceedthose proposed by the State.The following outlines the revised and final proposed Ordinance requirements for building electrificationand solar installation.Proposed Building Electrification RequirementsNew single-family homes and low-rise multifamily buildings are required to use electric for spaceheating, water heating, and clothes dryers. It provides an exception for the use of natural gas forindoor and outdoor non-electric cooking appliances and fireplaces.New high-rise residential are required to be built all-electric for space heating, water heating,cooking appliances, fireplaces and clothes dryers.• New non-residential buildings are required to be built all-electric for space heating, water heating,cooking appliances, fireplaces and clothes dryers. It provides an exception for the use of naturalgas cooking appliances for restaurants and food services. Per City Council direction at the October27, 2020 meeting, the appeal process was amended to delete it from the final Ordinance.All new buildings must be built to be electric-ready if they are allowed to use natural gas appliancesthrough an exception.Proposed Solar Installation RequirementsFor solar systems for high density residential and non-residential, including hotel/motel buildings, theproposed Ordinance requires:A solar photovoltaic system equivalent in size to 50 percent of the roof area, excluding any skylightarea, to be installed on the roof or overhang of the building, or on the roof or overhang of anotherstmcture located within 250 feet of the building, or on covered parking installed with the buildingproject.Table 1 below outlines the building and solar installation requirements and exceptions.Page 2 of 717002994.1 Table 1: Proposed Energy Code Amendments - Building Electrification & Solar Photovoltaic (PV) Systemswl':.Building TypeSingle Familyand AccessoryDwelling UnitsLow-densityResidential(three storiesor lessmultifamily)High-densityResidential(high-risemultifamilybuildings -four storiesand greater)Proposed Energy CodeAmendments for NewConstructionmExceptions*»All electric building requiredfor space heating, waterheating, and clothes dryers.All electric building requiredfor space heating, waterheating, and clothes dryers.All electric building requiredthat uses electricity as thesource of energy for allappliances, including but notlimited to space heating, waterheating, cooking appliances,fireplaces and clothes dryers.Solar:Install on-site solar equivalentin size to 50 percent of the roofarea on the roof or overhang,or another structure locatedwithin 250 feet, or on coveredparking within the project.Table 1 continued on page 4.Solar:Natural gas can still be used for stoves, fireplacesor other appliances if desired.Prewiring for electric appliances is requiredwhere natural gas appliances are used.Natural gas can still be used for stoves, fireplacesor other appliances if desired.Projects that have received entitlements within 1year prior to the ordinance effective date caninstall gas water heating.Prewiring for electric appliances is requiredwhere natural gas appliances are used.Projects that have received entitlements within 1year prior to the ordinance effective date caninstall gas water heating.A modification may be granted if demonstratedthat the required percentage of PV installationwill over-generate the annual kWh required tooperate the proposed building.The PV system size may be reduced in size to themaximum that can be accommodated by theeffective annual solar access due to shading fromexisting permanent natural or manmade barriersexternal to the building, including trees, hills, andadjacent structures. The effective annual solaraccess must be 70 percent or greater of theoutput of an unshaded PV array on an annualbasis. No PV system is required if the effectiveannual solar access is restricted to less than 200contiguous square feet. If the applicantdemonstrates that conditions exist whereexcessive shading occurs, a performanceequivalency approved by the Building Officialmay be used as an alternative.If there is a vegetative roof which meets allrelevant code requirements includingconsiderations for wind, fire, and structuralloads, the solar photovoltaic system may bereduced in size that 50% of the roof is covered ineither photovoltaics or vegetative roof.*Additional Exception for All Building Types:// the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the EnergyCode, and that the building is not able to achieve the performance compliance standard applicable to the building under theEnergy Code using commercially available technology and an approved calculation method, then the CommunityDevelopment Director or his/her designee may grant a modification. If the Building Official grants a modification pursuantto this Exception, the applicant must comply with the pre-wiring provision.Page 3 of 717002994.1 Table 1: Proposed Energy Code Amendments - Building Electrification & Solar PV Systems (cont.)I Building Type!^,.-,.!.-..'""#<?:B^K^Proposed Energy CodeAmendments for NewConstructionAll electric buildingrequired that useselectricity as the sourceof energy for allappliances, including butnot limited to spaceheating, water heating,fireplaces and clothesdryers.KExceptions"^•Solar:Solar:Non-residentialBuildingsInstall on-site solarequivalent in size to 50%of the roof area on theroof or overhang, oranother structure locatedwithin 250 feet, or oncovered parking withinthe project.••Life science buildings may use natural gas for spaceheating if desired.Public agency owned and operated emergencyoperations centers (e.g. fire and police stations) mayuse natural gas.Non-residential kitchens (e.g. for-profit restaurantsand cafeterias) can use natural gas stoves.For all exceptions, natural gas appliance locationsmust be electrically pre-wired for future electricappliance installation.A modification may be granted if demonstrated thatthe required percentage of PV installation will over-generate the annual kWh required to operate theproposed building.The PV system size may be reduced in size to themaximum that can be accommodated by the effectiveannual solar access due to shading from existingpermanent natural or manmade barriers external tothe building, including trees, hills, and adjacentstructures. The effective annual solar access must be70 percent or greater of the output of an unshaded PVarray on an annual basis. No PV system is required ifthe effective annual solar access is restricted to lessthan 200 contiguous square feet. If the applicantdemonstrates that conditions exist where excessiveshading occurs, a performance equivalency approvedby the Building Official may be used as an alternative.If there is a vegetative roof which meets all relevantcode requirements including considerations for wind,fire, and structural loads, the solar photovoltaicsystem may be reduced in size that 50% of the roof iscovered in either photovoltaics or vegetative roof.*t Additional Exception for All Building Types:If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the EnergyCode, and that the building is not able to achieve the performance compliance standard applicable to the building under theEnergy Code using commercially available technology and an approved calculation method, then the CommunityDevelopment Director or his/her designee may grant a modification. If the Building Official grants a modification pursuantto this Exception, the applicant must comply with the pre-wiring provision.The exception for life sciences laboratories to use natural gas for space heating is due to these types ofbuildings containing vulnerable lab experiments, which depend on temperature-controlled rooms. WhileMillbrae does not currently have life science laboratories, it is included as a consideration for futuredevelopments. These buildings would require water heating appliances to be electric.Page 4 of 717002994.1 The following outlines the revised and final proposed Ordinance requirements for Electric Vehicle (EV)Infrastructure.Electric Vehicle InfrastructureThe Green Building code amendments for consideration would require additional EV charginginfrastructure for the construction of new buildings. These requirements would enable more people topurchase, drive, and charge electric vehicles.Proposed EV Infrastructure RequirementsNew one- and two-family dwellings, town- houses, and Accessory Dwelling Units with attachedprivate garages are required to install one Level 2 EV Ready Space and a Level 1 EV Ready Spacefor each dwelling unit.Multifamily buildings with less than or equal to 20 dwelling units would be required to:o Include one Level 2 EV Ready Space for one parking space per dwelling unit with parking.• Amended per City Council direction at the October 27, 2020 meeting: Multifamily buildings withmore than 20 multifamily dwelling units would be required to:o Include one Level 2 EV Ready Space in the first 20 dwelling unit parking spaces.o For each additional dwelling unit over 20,25% of the dwelling units with parking space(s)would be provided with at least one Level 2 EV Ready Space, and each of the remainingdwelling units with parking space(s) would be provided with at least a Level 1 EV ReadySpace.• Non-residential Buildings, excluding offices:For 10 or more parking spaces:o Install Level 2 Charging Stations in 6% of spaces.o Install at least Level 1 EV Ready Spaces in an additional 5% of spaces.• Non-residential Buildings, including offices:For 10 or more parking spaces:o Install Level 2 EV Charging Stations in 10% of spaces.o Install at least Level 1 EV Ready Spaces in an additional 10% of spaces.o An additional 30% of spaces to be at least EV Capable.Table 2 below outlines the requirements and exceptions for the proposed Green Building Code amendmentfor EV infrastmcture.Page 5 of 717002994.1 Table 2: Proposed Green Building Code Amendments - Electric Vehicle InfrastructureBuilding Type^^^^^Ki^Single andTwo-Family,Townhouses,and AccessoryDwelling Units(ADUs)(with attachedgarages)MultifamilyDwellings**Non-residentialBuildings(excludingOffice Use)Non-residentialBuildings withOffice UseElectric Vehicle ChargingAmendments for New ConstructionInstall one Level 2 EV Ready Spaceand one Level 1 EV Ready Spacefor each dwelling unit.o For each dwelling unit withonly one parking space,install a Level 2 Ready Space.For buildings with less than orequal to 20 units:o Install one Level 2 EV ReadySpace for each unit withparking.• For buildings with more than 20units:o For the first 20 dwellingunits, one parking space perdwelling unit with parkinginstall a Level 2 Ready Space.o For each additional dwellingunit over 20, 25% of thedwelling units with parkingspace(s) install at least oneLevel 2 EV Ready Space, andthe remaining dwelling unitswith parking space(s) installat least a Level 1 EV ReadySpace.For 10 or more parking spaces:o Install Level 2 ChargingStations in 6% of spaces.o Install at least Level 1 EVReady Spaces in an additional5% of spaces.For 10 or more parking spaces:o Install Level 2 EV ChargingStations in 10% of spaces.o Install at least Level 1 EVReady Spaces in an additional10% of spaces.o An additional 30% of spacesto be at least EV Capable.Page 6 of 7Exceptions.Ka.ssssa,;':;:...':.:.:..:^:;tSSEKSS^Where there is no commercial powersupply.ADUs and Junior ADUs (JADUs) withoutadditional parking facilities, unless theelectrical panel is upgraded or a newpanel is installed, in which case only theelectrical capacity requirements apply.Spaces accessible only by automatedmechanical car parking systems.Above exceptions apply.Projects that have been grantedentitlements within 1 year prior to theOrdinance effective date must installLevel 2 EV Ready Spaces in at least 10%of spaces of parking spaces, aligning withstate code requirements.Multifamily Affordable hlousing:o Install at least one Level 2 EV ReadySpace in 10% of units with space(s).o Install at least one Level 1 EV ReadySpace in the remaining units withparking.Where there is no commercial powersupply.Spaces accessible only by automatedmechanical car parking systems.Installation of each Direct Current FastCharger with the capacity to provide atleast 80 kW output may substitute for 6Level 2 EVCS and 5 EV Ready Spaces aftera minimum of 6 Level 2 EVCS and 5 Level1 EV Ready Spaces are installed.Where there is no commercial powersupply.Spaces accessible only by automatedmechanical car parking systems.17002994.1 **Note for Multifamily Dwellings:The City may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentationdetailing that the increased cost of utility service or on-site transformer capacity would be greater than $4,500 amongparking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, theapplicant would provide EV infrastructure up to a level that would not exceed this cost for utility service or on-sitetransformer capacity.California Environmental Quality ActPursuant to Title 14 of the California Administrative Code, Section 15061 (b)(3), the Reach CodeOrdinance is exempt from the requirements of the California Environmental Quality Act (CEQA) on thegrounds that these standards are more stringent than the state energy standards, and there are no reasonablyforeseeable adverse impacts or significant effects on the environment. The California Energy Commission(CEC) adopted a Negative Declaration (ND) for the 201 9 California Energy Code (Title 24, Part 6), whichanalyzed the environmental impacts of the 2019 Energy Code.Next StepsAfter adoption of the Reach Codes, and with guidance from PCE, staff will submit the Reach Codes tothe California Energy Commission (CEC) for approval, which can take up to 60 days. The adopted ReachCodes will also be submitted to the California Building Standards Commission.The Ordinance would go into effect 30 days from adoption and the regulations would be enforced startingon January 1, 2021.Staff will also develop an implementation plan to prepare the necessary protocols and procedures fordevelopment applicants to comply with the Reach Codes. The proposed Reach Codes will be administeredby the Building Division. Due to the simpler nature of the electrical heating requirement, compliance withthe Reach Codes will not require additional staff resources, and may save time spent reviewing plans andconducting on-site inspections due to less natural gas infrastructure. The solar requirement for non-residential buildings will also not require additional resources to conduct plan reviews and on-siteinspections.FISCAL IMPACT:There is no significant fiscal impact. Staff time for implementing the Reach Codes are programmaticallyincluded in City Department budgets.COUNCIL ACTION:Convene the public hearing to take public comments, waive the second reading, and adopt an ordinance toadopt amendments to the Energy Code of the Millbrae Municipal Code for Title 24, California Code ofRegulations, Part 6 Energy Code and Part 11 Green Building Code to adopt local Reach Codes to reducegreenhouse gas emissions.Page 7 of 717002994.1 1 of 14 17002974.1 ORDINANCE NO. XXX CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA AN ORDINANCE OF THE CITY OF MILLBRAE ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE INFRASTRUCTURE ON NEWLY CONSTRUCTED SINGLE-FAMILY RESIDENCES, MULTIFAMILY BUILDINGS, AND NON-RESIDENTIAL BUILDINGS TO REDUCE GREENHOUSE GAS EMISSIONS WHEREAS, the California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations was adopted by the City of Millbrae (City) on October 22, 2019; and WHEREAS, the City’s Climate Action Plan includes increased energy efficiency, use of renewable energy sources, and electric vehicle charging station expansion by implementing “Reach Codes” for building electrification, electric vehicle infrastructure, and non-residential solar photovoltaic systems; and WHEREAS, Peninsula Clean Energy has provided support and technical resources to jurisdictions to adopt a Reach Code including model ordinances and cost effectiveness studies; and WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, the California Energy Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City Council of the City of Millbrae finds that each of the amendments, additions, and deletions to the California Energy Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions described in Section 5; and WHEREAS, Public Resources Code Section 25402.l(h)2 and Section 10-106. of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be Attachment 1 2 of 14 17002974.1 designed to consume no more energy than permitted by the California Energy Code; and WHEREAS, the California Codes and Standards Reach Code Program has determined specific modifications to the 2019 State Energy Code for each climate zone that are cost effective; and WHEREAS, such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code. THEREFORE, IT IS ORDAINED by the City Council of the City of Millbrae as follows: SECTION 1. AMENDMENT OF CHAPTER 9.50, “ENERGY CODE” OF THE MILLBRAE MUNICIPAL CODE. Chapter 9.50 of the Millbrae Municipal Code is hereby amended as follows: CHAPTER 9.50: ENERGY CODE Sections: 9.50.010 Adoption of the California Energy Code, Title 24, Part 6, 2019 Edition 9.50.020 Amendment to Section 100.0 9.50.030 Amendment to Section 100.1 9.50.040 Amendment to Section 110.2 9.50.050 Amendment to Section 100.3 9.50.060 Amendment to Section 100.4 9.50.070 Amendment to Section 100.5 9.50.080 Amendment to Section 140.0 9.50.010 Adoption of the California Energy Code, Title 24, Part 6, 2019 Edition. The code of rules and regulations known and designated as the California Energy Code, 2019 Edition, with the California State Amendments, hereinafter called the energy code, which establishes the minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings, printed in book form and filed in the office of the city clerk is adopted and by reference incorporated in this chapter as if fully set forth as the energy code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions, and deletions set forth in this chapter. One copy of the energy code shall, at all times, be kept on file in the office of the building official. 9.50.020 Amendment to Section 100.0 Section 100.0(e) is amended by replacing language to read as follows: SECTION 100.0 – Scope . . . (e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a). 3 of 14 17002974.1 1. All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed buildings. A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall not include newly constructed additions and tenant improvements in existing buildings. Exception 1: Non-Residential Buildings containing a Scientific Laboratory Building, such area may contain a non-electric Space Conditioning System. Exception 2: All one family, two family, ADUs, and low-density residential buildings may contain non-electric Cooking Appliances and Fireplaces. Exception 3: Multifamily residential building projects that have been granted entitlements within one year or less before the effective date of this ordinance are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below. Exception 4: Public agency owned and operated emergency centers. Exception 5: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Community Development Director or his/her designee may grant a modification. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre- wiring provision of Note 1 below. Exception 6: Non-residential buildings containing a for-profit restaurant open to the public or a commercial kitchen may install gas-fueled cooking appliances. Note 1: If natural gas appliances are used in any of the above exceptions 1-6, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following: 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel 4 of 14 17002974.1 with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; 2. Both ends of the conductor or conduit shall be labeled with the words “For Future Electric appliance” and be electrically isolated; 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e. “For Future Electric Range;”) and 4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the exceptions 1-5 are granted, the Building Official shall have the authority to approve alternative materials, design, and methods of construction or equipment per CBC 104. 9.50.030 Amendment to Section 100.1 Section 100.1(b) is modified by adding the following definitions: ALL ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating. SCIENTIFIC LABORATORY BUILDING: is a building or area where research, experiments, and measurement in medical, and life sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices. 9.50.040 Amendment to Section 110.2 Section 110.2 is modified as follows: SECTION 110.2 – MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING EQUIPMENT Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section. 9.50.050 Amendment to Section 100.3 Section 110.3 is modified as follows: 5 of 14 17002974.1 SECTION 110.3 – MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any service water-heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment. 9.50.060 Amendment to Section 100.4 Section 110.4 is modified as follows: 110.4 – MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment has all of the following: 1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations; and 2. On-off switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and 3. Instructions. A permanent, easily readable, and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and 4. Electric resistance heating. No electric resistance heating. Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tightfitting covers that are insulated to at least R-6. Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy. 9.50.070 Amendment to Section 100.5 Section 110.5 is modified as follows: SECTION 110.5 – CENTRAL FURNACES, COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED Any equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed only if it does not have a continuously burning pilot light: 9.50.080 Amendment to Section 140.0 Section 140.0(b) is modified as follows: 6 of 14 17002974.1 SECTION 140.0 – PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES (b)The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings) and for all newly constructed buildings: 1. A solar photovoltaic (PV) system equivalent in size to 50 percent of the roof area, excluding any skylight area, shall be installed on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project. Exception 1 to 140.0(b)1: The Community Development Director or his/her designee may grant a modification if the applicant demonstrates that the required percentage of PV installation will over-generate the annual kWh required to operate the proposed building; Exception 2 to 140.0(b)1: The PV system size may be reduced in size to the maximum that can be accommodated by the effective annual solar access due to shading from existing permanent natural or manmade barriers external to the building, including but not limited to trees, hills, and adjacent structures. The effective annual solar access shall be 70 percent or greater of the output of an unshaded PV array on an annual basis. No PV system is required if the effective annual solar access is restricted to less than 200 contiguous square feet. If the applicant demonstrates that conditions exist where excessive shading occurs, a performance equivalency approved by the Building Official may be used as an alternative; Exception 3 to 140.0(b)1: If there is a vegetative roof which meets all relevant code requirements including considerations for wind, fire, and structural loads, the solar photovoltaic system may be reduced in size such that 50 percent area of the roof is covered in either photovoltaics or vegetative roof. SECTION 2. AMENDMENT OF CHAPTER 9.35, “CALIFORNIA GREEN BUILDING CODE” OF THE MILLBRAE MUNICIPAL CODE. Chapter 9.35 of the Millbrae Municipal Code is hereby amended to read as follows: Chapter 9.35. GREEN BUILDING CODE Sections: 9.35.010 Adoption of the California Green Building Code, Title 24, Part 6, 2019 Edition. 9.35.020 Amendment of Section 202. 9.35.030 Amendment of Section 4.106.4 9.35.040 Amendment of Section 4.106.4.1 through 4.106.4.5 9.35.050 Amendment of Section 5.106.5 7 of 14 17002974.1 9.35.010 Adoption of the California Green Building Code, Title 24, Part 6, 2019 Edition. The code of rules and regulations known and designated as the California Green Building Code, 2019 Edition, with the California State Amendments, hereinafter called California Green Building Code, which establishes the minimum requirements for the effective use of green building in the design of new residential, commercial and industrial buildings and structures and also includes additions and alterations to all existing buildings and structures, printed in book form and filed in the office of the city clerk is adopted and by reference incorporated in this chapter as if fully set forth as the green building code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions, and deletions set forth in this chapter. One copy of the California Green Building Code shall, at all times, be kept on file in the office of the building official. 9.35.020 Amendment of Section 202: Section 202 is modified by adding the following definitions, and revising the definition of "Electrical Vehicle Charging Station": AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system that allows multiple EV chargers or EV-Ready electric vehicle outlets to share an electrical circuit and automatically reduce power at each charger. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready, or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types. AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income. ELECTRIC VEHICLE (EV) CAPABLE. A listed electrical panel with sufficient capacity to provide a minimum 20 amperes to a designated charging space. Raceways from the electrical panel to the charging space(s) shall be installed to a charging space(s) only in locations that will be inaccessible in the future, either underground or where penetrations through walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways shall be at least 1” diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The electric panel circuit directory shall identify the overcurrent protection device space(s) reserved for EV charging as “EV CAPABLE.” Construction documents shall identify the location of the raceway from the panel to the charging space. ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) according to the California Electrical Code and with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. LEVEL 1 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 20-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the 8 of 14 17002974.1 California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum ½” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE). LEVEL 2 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 208/240 Volt, 40-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum ½” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes. 9.35.030 Amendment of Section 4.106.4 Section 4.104.6 is amended to read as follows: 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Exceptions: 1. Where there is no commercial power supply. 2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities, unless the electrical panel is upgraded, or a new panel is installed in which case only the electrical capacity requirements apply. 3. Spaces accessible only by automated mechanical car parking systems. 9.35.040 Amendment of Section 4.106.4.1 through 4.106.4.5 Sections 4.106.4.1 through 4.106.4.5 are amended to read as follows: 4.106.4.1 New one- and two-family dwellings and town- houses with attached private garages. For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space. Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space. 4.106.4.1.1 Identification. The raceway termination location shall be permanently and visibly marked as “Level 2 EV-Ready”. 4.106.4.2 New multifamily dwellings. The following requirements apply to all new multifamily dwellings: 1. For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space. 2. When more than 20 multifamily dwelling units are constructed on a building site: 9 of 14 17002974.1 a. For the first 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 Ready Space. b. For each additional dwelling unit over 20, 25% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space and the remaining dwelling units with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Calculations for the required minimum number of EV Ready Spaces shall be rounded up to the nearest whole number. Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready Spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space. Notes: 1. ALMS may be installed to decrease electrical services and transformer capacity associated with EV Charging Equipment subject to review of the authority having jurisdiction. 2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis. 3. The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking. 4. Multifamily residential building projects that have been granted entitlements within one year before the effective date of this ordinance shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, with Level 2 EV Ready Circuits. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. 5. The City may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity. 6. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces. 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces shall comply with at least one of the following options: 10 of 14 17002974.1 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. Refer to the City’s zoning regulations for parking space dimension requirements. 4.106.4.2.3 Intentionally deleted. 4.106.4.2.4 Intentionally deleted. 4.106.4.2.5 Intentionally deleted. 9.35.050 Amendment of Section 5.106.5.3 Section 5.106.5.3 is amended in its entirety to read as follows: 5.106.5.3 Electric vehicle (EV) charging. [N] New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation and use of EV chargers. Electrical vehicle supply equipment (EVSE) shall be installed in accordance with the California Building Code, the Electrical Code. Exceptions 1. Where there is no commercial power supply. 2. Spaces accessible only by automated mechanical car parking systems. 5.106.5.3.1 Office buildings: In non-residential new construction buildings designated primarily for office use with parking: 1. When 10 or more parking spaces are constructed, 10% of the available parking spaces on site shall be equipped with Level 2 EVCS; 2. An additional 10% shall be provided with at least Level 1 EV Ready Spaces; and 3. An additional 30% shall be at least EV Capable. 11 of 14 17002974.1 Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 1 EV Ready Spaces and EV Capable spaces shall all be rounded up to the nearest whole number. Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1” and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE. Note: 1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS. 5.106.5.3.2 Other non-residential buildings: In non-residential new construction buildings that are not designated primarily for office use, such as retail or institutional uses: 1. When 10 or more parking spaces are constructed, 6% of the available parking spaces on site shall be equipped with Level 2 EVCS; 2. An additional 5% shall be at least Level 1 EV Ready. Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Ready Spaces shall be rounded up to the nearest whole number. Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready Spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready Spaces are installed. 5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated Parking for Clean Air Vehicles. Notes: 1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings 12 of 14 17002974.1 can be found in the New Policies & Directives number 13- 01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf 2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces. 3. The Governor’s Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf 4. Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1. 5. It is encouraged that EV Ready Spaces in shared parking are designated as “EV preferred.” 5.106.5.3.4 [N] Identification. The raceway termination location shall be permanently and visibly marked as “EV Ready.” SECTION 3: EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") 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. SECTION 4: SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 5: FINDINGS OF FACT. CHANGES TO THE ENERGY AND GREEN BUILDING CODES ARE REASONABLY NECESSARY AS FOLLOWS. Findings of Fact For the purposes of this ordinance, the City Council of the City of Millbrae hereby makes the following findings, as required by Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code. The City Council finds and declares that the unique characteristics of the topographic, geologic, and climatic conditions found in Millbrae make the local amendments to Title 24 reasonable and necessary. Finding 1: Topographic The City of Millbrae is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. The topography ranges from the flatlands 13 of 14 17002974.1 closer to the San Francisco Bay (approximately seven feet above mean sea level) to the western portion of the City at 485 feet in elevation. Millbrae’s hills include residences and contain plenty of open space and forested areas which could lead to combustible conditions during the dry months. The conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted. Finding 2: Geologic Millbrae is classified as Seismic Design Category E, which is the most severe earthquake category. Buildings and other structures in Category E can experience major seismic damage. For Millbrae the active faults are the San Andreas Fault and the Hayward Fault. The San Andreas Fault runs from Hollister, through the Santa Cruz Mountains, (epicenter of the 1989 Loma Prieta earthquake,) up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock—this is the approximate location of the epicenter of the 1906 San Francisco earthquake. The Hayward Fault is about 74 miles long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major northern California earthquake faults which may experience rupture at any time. Earthquake activity with nearby epicenters has the potential for inducing landslides which can create situations of reduced emergency response times and restoration of power utilities. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and natural gas infrastructure, which in turn cause power failures while at the same time starting fires or gas explosions throughout the County. There is a need to reduce dependence on the natural gas infrastructure to reduce harms and increase energy resiliency in the event of an earthquake. The modifications and changes cited herein are designed to reduce natural gas hazards in buildings and encourage energy resiliency through increased installation of solar and storage systems. Finding 3: Climatic The City is located in Climate Zone 3 as established in the 2019 California Energy Code. Climate Zone 3 incorporates mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences precipitation ranging from 20 to 25 inches per year with an average of approximately 23 inches per year. 96% of precipitation falls during the months of November through April and 4% from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to frequent periods of drought and the area recently suffered through an unprecedented seven-year drought. Similar periods of extended drought may be expected locally in the future. Relative humidity remains in the middle range most of the time. Temperatures in the summer average around 70 degrees Fahrenheit and in the winter in the mid 50 degrees Fahrenheit. Prevailing winds in the area come from the west with velocities generally in the 9 miles per hour range and can be gusting on occasion in the spring. Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, property damage, and threats to human health and food supplies. The State of California has outlined specific steps to reduce greenhouse gas emissions to prevent these negative impacts of changing climate, including moving the State to 100 percent clean 14 of 14 17002974.1 energy by 2045. This gives local governments the opportunity to achieve greenhouse gas emission reductions with a climate positive impact by powering buildings from clean electricity. Planned new buildings in Millbrae will be built near the coastline, which creates an increasing potential flooding risk with climate change as a result of human generated greenhouse gas emissions. Millbrae is vulnerable to sea level rise where new development is proposed. New buildings that are directly vulnerable to sea level rise should avoid generating additional greenhouse gas emissions. The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free. The proposed Electric Vehicle Reach Code ensures that new buildings can charge a greater number of electric vehicles beyond state code requirements and reduce greenhouse gas emissions. These climatic conditions along with the greenhouse emissions generated from structures in both the residential and non-residential sectors requires exceeding the energy standards for building construction established in the 2019 California Buildings Standards Code. SECTION 7 EFFECTIVE DATE; PUBLICATION: POSTING. This ordinance shall be in full force and effect thirty days from its passage and the regulations contained in this ordinance shall be enforced as of January 1, 2021. At least five days prior to its adoption and within fifteen days after its adoption, a summary of this ordinance shall be published once in a newspaper of general circulation printed and published in the County of San Mateo and circulated in the City of Millbrae. INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on October 27, 2020. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Millbrae held on November 10, 2020 by the following roll call vote: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK 1 of 15 17002974.1 Attachment 2 ORDINANCE NO. 2020- ____ CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA AN ORDINANCE OF THE CITY OF MILLBRAE ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE INFRASTRUCTURE ON NEWLY CONSTRUCTED SINGLE-FAMILY RESIDENCES, MULTIFAMILY BUILDINGS, AND NON-RESIDENTIAL BUILDINGS TO REDUCE GREENHOUSE GAS EMISSIONS WHEREAS, the California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations was adopted by the City of Millbrae (City) on October 22, 2019; and WHEREAS, the City’s Climate Action Plan includes increased energy efficiency, use of renewable energy sources, and electric vehicle charging station expansion by implementing “Reach Codes” for building electrification, electric vehicle infrastructure, and non-residential solar photovoltaic systems; and WHEREAS, Peninsula Clean Energy has provided support and technical resources to jurisdictions to adopt a Reach Code including model ordinances and cost effectiveness studies; and WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, the California Energy Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City Council of the City of Millbrae finds that each of the amendments, additions, and deletions to the California Energy Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions described in Section 5; and WHEREAS, Public Resources Code Section 25402.l(h)2 and Section 10-106. of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be 2 of 15 17002974.1 designed to consume no more energy than permitted by the California Energy Code; and WHEREAS, the California Codes and Standards Reach Code Program has determined specific modifications to the 2019 State Energy Code for each climate zone that are cost effective; and WHEREAS, such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code. THEREFORE, IT IS ORDAINED by the City Council of the City of Millbrae as follows: SECTION 1. AMENDMENT OF CHAPTER 9.50, “ENERGY CODE” OF THE MILLBRAE MUNICIPAL CODE. Chapter 9.50 of the Millbrae Municipal Code is hereby amended as follows: CHAPTER 9.50: ENERGY CODE Sections: 9.50.010 Adoption of the California Energy Code, Title 24, Part 6, 2019 Edition 9.50.020 Amendment to Section 100.0 9.50.030 Amendment to Section 100.1 9.50.040 Amendment to Section 110.2 9.50.050 Amendment to Section 100.3 9.50.060 Amendment to Section 100.4 9.50.070 Amendment to Section 100.5 9.50.080 Amendment to Section 140.0 9.50.010 Adoption of the California Energy Code, Title 24, Part 6, 2019 Edition. The code of rules and regulations known and designated as the California Energy Code, 2019 Edition, with the California State Amendments, hereinafter called the energy code, which establishes the minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings, printed in book form and filed in the office of the city clerk is adopted and by reference incorporated in this chapter as if fully set forth as the energy code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions, and deletions set forth in this chapter. One copy of the energy code shall, at all times, be kept on file in the office of the building official. 9.50.020 Amendment to Section 100.0 Section 100.0(e) is amended by replacing language to read as follows: SECTION 100.0 – Scope . . . (e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a). 3 of 15 17002974.1 1. All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed buildings. A.All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall not include newly constructed additions and tenant improvements in existing buildings. Exception 1: Non-Residential Buildings containing a Scientific Laboratory Building, such area may contain a non-electric Space Conditioning System. Exception 2: All one family, two family, ADUs, and low-density residential buildings may contain non-electric Cooking Appliances and Fireplaces. Exception 3: Multifamily residential building projects that have been granted entitlements within one year or less before the effective date of this ordinance are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below. Exception 4: Public agency owned and operated emergency centers. Exception 5: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Community Development Director or his/her designee may grant a modification. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre- wiring provision of Note 1 below. Conditional Exception 6: Non-residential buildings containing a for-profit restaurant open to the public or an a employee commercial kitchen may apply to the Community Development Director, or his/her designee, 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. The exception shall be granted if the following four items are found: 1. There is a business-related reason to cook with a flame; 2. This need cannot be reasonably achieved with an electric fuel source; 3. The applicant has employed reasonable methods to mitigate the greenhouse gas 4 of 15 17002974.1 impacts of the gas-fueled appliance; 4. The applicant shall comply with the pre-wiring provision of Note 1 below. Note 1: If natural gas appliances are used in any of the above exceptions 1-6, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following: 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; 2. Both ends of the conductor or conduit shall be labeled with the words “For Future Electric appliance” and be electrically isolated; 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e. “For Future Electric Range;”) and 4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the exceptions 1-5 are granted, the Building Official shall have the authority to approve alternative materials, design, and methods of construction or equipment per CBC 104. 9.50.030 Amendment to Section 100.1 Section 100.1(b) is modified by adding the following definitions: ALL ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating. SCIENTIFIC LABORATORY BUILDING: is a building or area where research, experiments, and measurement in medical, and life sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices. 9.50.040 Amendment to Section 110.2 Section 110.2 is modified as follows: 5 of 15 17002974.1 SECTION 110.2 – MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING EQUIPMENT Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section. 9.50.050 Amendment to Section 100.3 Section 110.3 is modified as follows: SECTION 110.3 – MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any service water-heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment. 9.50.060 Amendment to Section 100.4 Section 110.4 is modified as follows: 110.4 – MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment has all of the following: 1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations; and 2. On-off switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and 3. Instructions. A permanent, easily readable, and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and 4. Electric resistance heating. No electric resistance heating. Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tightfitting covers that are insulated to at least R-6. Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy. 6 of 15 17002974.1 9.50.070 Amendment to Section 100.5 Section 110.5 is modified as follows: SECTION 110.5 – CENTRAL FURNACES, COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED Any equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed only if it does not have a continuously burning pilot light: 9.50.080 Amendment to Section 140.0 Section 140.0(b) is modified as follows: SECTION 140.0 – PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES (b)The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings) and for all newly constructed buildings: 1. A solar photovoltaic (PV) system equivalent in size to 50 percent of the roof area, excluding any skylight area, shall be installed on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project. Exception 1 to 140.0(b)1: The Community Development Director or his/her designee may grant a modification if the applicant demonstrates that the required percentage of PV installation will over-generate the annual kWh required to operate the proposed building; Exception 2 to 140.0(b)1: The PV system size may be reduced in size to the maximum that can be accommodated by the effective annual solar access due to shading from existing permanent natural or manmade barriers external to the building, including but not limited to trees, hills, and adjacent structures. The effective annual solar access shall be 70 percent or greater of the output of an unshaded PV array on an annual basis. No PV system is required if the effective annual solar access is restricted to less than 200 contiguous square feet. If the applicant demonstrates that conditions exist where excessive shading occurs, a performance equivalency approved by the Building Official may be used as an alternative; Exception 3 to 140.0(b)1: If there is a vegetative roof which meets all relevant code requirements including considerations for wind, fire, and structural loads, the solar photovoltaic system may be reduced in size such that 50 percent area of the roof is covered in either photovoltaics or vegetative roof. SECTION 2. AMENDMENT OF CHAPTER 9.35, “CALIFORNIA GREEN BUILDING CODE” OF THE MILLBRAE MUNICIPAL CODE. Chapter 9.35 of the Millbrae Municipal Code is hereby amended to read as follows: 7 of 15 17002974.1 Chapter 9.35. GREEN BUILDING CODE Sections: 9.35.010 Adoption of the California Green Building Code, Title 24, Part 6, 2019 Edition. 9.35.020 Amendment of Section 202. 9.35.030 Amendment of Section 4.106.4 9.35.040 Amendment of Section 4.106.4.1 through 4.106.4.5 9.35.050 Amendment of Section 5.106.5 9.35.010 Adoption of the California Green Building Code, Title 24, Part 6, 2019 Edition. The code of rules and regulations known and designated as the California Green Building Code, 2019 Edition, with the California State Amendments, hereinafter called California Green Building Code, which establishes the minimum requirements for the effective use of green building in the design of new residential, commercial and industrial buildings and structures and also includes additions and alterations to all existing buildings and structures, printed in book form and filed in the office of the city clerk is adopted and by reference incorporated in this chapter as if fully set forth as the green building code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions, and deletions set forth in this chapter. One copy of the California Green Building Code shall, at all times, be kept on file in the office of the building official. 9.35.020 Amendment of Section 202: Section 202 is modified by adding the following definitions, and revising the definition of "Electrical Vehicle Charging Station": AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system that allows multiple EV chargers or EV-Ready electric vehicle outlets to share an electrical circuit and automatically reduce power at each charger. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready, or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types. AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income. ELECTRIC VEHICLE (EV) CAPABLE. A listed electrical panel with sufficient capacity to provide a minimum 20 amperes to a designated charging space. Raceways from the electrical panel to the charging space(s) shall be installed to a charging space(s) only in locations that will be inaccessible in the future, either underground or where penetrations through walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways shall be at least 1” diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The electric panel circuit directory shall identify the overcurrent protection device space(s) reserved for EV charging as “EV CAPABLE.” Construction documents shall identify the location of the raceway from the panel to the charging space. 8 of 15 17002974.1 ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) according to the California Electrical Code and with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. LEVEL 1 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 20-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum ½” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE). LEVEL 2 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 208/240 Volt, 40-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum ½” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes. 9.35.030 Amendment of Section 4.106.4 Section 4.104.6 is amended to read as follows: 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Exceptions: 1. Where there is no commercial power supply. 2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities, unless the electrical panel is upgraded, or a new panel is installed in which case only the electrical capacity requirements apply. 3. Spaces accessible only by automated mechanical car parking systems. 9.35.040 Amendment of Section 4.106.4.1 through 4.106.4.5 Sections 4.106.4.1 through 4.106.4.5 are amended to read as follows: 4.106.4.1 New one- and two-family dwellings and town- houses with attached private garages. For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space. Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space. 4.106.4.1.1 Identification. The raceway termination location shall be permanently 9 of 15 17002974.1 and visibly marked as “Level 2 EV-Ready”. 4.106.4.2 New multifamily dwellings. The following requirements apply to all new multifamily dwellings: 1. For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space. 2. When more than 20 multifamily dwelling units are constructed on a building site: a. For the first 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 Ready Space. 25% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. b. For each additional dwelling unit over 20, 25% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space and the remaining dwelling units with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Calculations for the required minimum number of EV Ready Spaces shall be rounded up to the nearest whole number. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready Spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space. Notes: 1. ALMS may be installed to decrease electrical services and transformer capacity associated with EV Charging Equipment subject to review of the authority having jurisdiction. 2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis. 3. The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking. 4. Multifamily residential building projects that have been granted entitlements within one year before the effective date of this ordinance shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, with Level 2 EV Ready Circuits. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. 10 of 15 17002974.1 5. The City may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity. 6. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces. 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. Refer to the City’s zoning regulations for parking space dimension requirements. 4.106.4.2.3 Intentionally deleted. 4.106.4.2.4 Intentionally deleted. 4.106.4.2.5 Intentionally deleted. 9.35.050 Amendment of Section 5.106.5.3 Section 5.106.5.3 is amended in its entirety to read as follows: 5.106.5.3 Electric vehicle (EV) charging. [N] New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation and use of EV chargers. Electrical vehicle supply equipment (EVSE) shall be installed in accordance with the California Building Code, the Electrical Code. 11 of 15 17002974.1 Exceptions 1. Where there is no commercial power supply. 2. Spaces accessible only by automated mechanical car parking systems. 5.106.5.3.1 Office buildings: In non-residential new construction buildings designated primarily for office use with parking: 1. When 10 or more parking spaces are constructed, 10% of the available parking spaces on site shall be equipped with Level 2 EVCS; 2. An additional 10% shall be provided with at least Level 1 EV Ready Spaces; and 3. An additional 30% shall be at least EV Capable. Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 1 EV Ready Spaces and EV Capable spaces shall all be rounded up to the nearest whole number. Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1” and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE. Note: 1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS. 5.106.5.3.2 Other non-residential buildings: In non-residential new construction buildings that are not designated primarily for office use, such as retail or institutional uses: 1. When 10 or more parking spaces are constructed, 6% of the available parking spaces on site shall be equipped with Level 2 EVCS; 2. An additional 5% shall be at least Level 1 EV Ready. 12 of 15 17002974.1 Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Ready Spaces shall be rounded up to the nearest whole number. Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready Spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready Spaces are installed. 5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated Parking for Clean Air Vehicles. Notes: 1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf 2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces. 3. The Governor’s Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf 4. Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1. 5. It is encouraged that EV Ready Spaces in shared parking are designated as “EV preferred.” 5.106.5.3.4 [N] Identification. The raceway termination location shall be permanently and visibly marked as “EV Ready.” SECTION 3: EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") 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. SECTION 4: SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of the ordinance 13 of 15 17002974.1 which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 5: FINDINGS OF FACT. CHANGES TO THE ENERGY AND GREEN BUILDING CODES ARE REASONABLY NECESSARY AS FOLLOWS. Findings of Fact For the purposes of this ordinance, the City Council of the City of Millbrae hereby makes the following findings, as required by Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code. The City Council finds and declares that the unique characteristics of the topographic, geologic, and climatic conditions found in Millbrae make the local amendments to Title 24 reasonable and necessary. Finding 1: Topographic The City of Millbrae is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. The topography ranges from the flatlands closer to the San Francisco Bay (approximately seven feet above mean sea level) to the western portion of the City at 485 feet in elevation. Millbrae’s hills include residences and contain plenty of open space and forested areas which could lead to combustible conditions during the dry months. The conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted. Finding 2: Geologic Millbrae is classified as Seismic Design Category E, which is the most severe earthquake category. Buildings and other structures in Category E can experience major seismic damage. For Millbrae the active faults are the San Andreas Fault and the Hayward Fault. The San Andreas Fault runs from Hollister, through the Santa Cruz Mountains, (epicenter of the 1989 Loma Prieta earthquake,) up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock—this is the approximate location of the epicenter of the 1906 San Francisco earthquake. The Hayward Fault is about 74 miles long, situated mainly along the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major northern California earthquake faults which may experience rupture at any time. Earthquake activity with nearby epicenters has the potential for inducing landslides which can create situations of reduced emergency response times and restoration of power utilities. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and natural gas infrastructure, which in turn cause power failures while at the same time starting fires or gas explosions throughout the County. There is a need to reduce dependence on the natural gas infrastructure to reduce harms and increase energy resiliency in the event of an earthquake. The modifications and changes cited herein are designed to reduce natural gas hazards in buildings and encourage energy resiliency through increased installation of solar and storage systems. 14 of 15 17002974.1 Finding 3: Climatic The City is located in Climate Zone 3 as established in the 2019 California Energy Code. Climate Zone 3 incorporates mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences precipitation ranging from 20 to 25 inches per year with an average of approximately 23 inches per year. 96% of precipitation falls during the months of November through April and 4% from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to frequent periods of drought and the area recently suffered through an unprecedented seven-year drought. Similar periods of extended drought may be expected locally in the future. Relative humidity remains in the middle range most of the time. Temperatures in the summer average around 70 degrees Fahrenheit and in the winter in the mid 50 degrees Fahrenheit. Prevailing winds in the area come from the west with velocities generally in the 9 miles per hour range and can be gusting on occasion in the spring. Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, property damage, and threats to human health and food supplies. The State of California has outlined specific steps to reduce greenhouse gas emissions to prevent these negative impacts of changing climate, including moving the State to 100 percent clean energy by 2045. This gives local governments the opportunity to achieve greenhouse gas emission reductions with a climate positive impact by powering buildings from clean electricity. Planned new buildings in Millbrae will be built near the coastline, which creates an increasing potential flooding risk with climate change as a result of human generated greenhouse gas emissions. Millbrae is vulnerable to sea level rise where new development is proposed. New buildings that are directly vulnerable to sea level rise should avoid generating additional greenhouse gas emissions. The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free. The proposed Electric Vehicle Reach Code ensures that new buildings can charge a greater number of electric vehicles beyond state code requirements and reduce greenhouse gas emissions. These climatic conditions along with the greenhouse emissions generated from structures in both the residential and non-residential sectors requires exceeding the energy standards for building construction established in the 2019 California Buildings Standards Code. SECTION 7 EFFECTIVE DATE; PUBLICATION: POSTING. This ordinance shall be in full force and effect thirty days from its passage and the regulations contained in this ordinance shall be enforced as of January 1, 2021. At least five days prior to its adoption and within fifteen days after its adoption, a summary of this ordinance shall be published once in a newspaper of general circulation printed and published in the County of San Mateo and circulated in the City of Millbrae. 15 of 15 17002974.1 INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on October 27, 2020. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Millbrae held on November 10, 2020 by the following roll call vote: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK Bay Area Exceptions Chart Attachment 3All ordinance contain requirements for the following end-uses: Space heating, water heating, clothes drying, pools/spas. Exceptions Noted Below in Orange with Circles A Gray Cell indicates that the building type did not fall under an all-electric requirement, but has electric-preferred elements where noted Last Updated Oct 27, 2020 Berkeley Brisbane Burlingame Campbell Cupertino East Palo Alto Hayward Healdsburg Los Altos Hills Menlo Park Millbrae Proposed Oct. 2020 Morgan Hill Mountain View Pacifica Palo Alto Redwood City Richmond San Jose San Mateo San Mateo County Santa Rosa Santa Cruz Saratoga Windsor Cooking O O O O O O O O O O Clothes Drying, Pools, Spas O O O Fireplaces O O O O O O O O O O ADUs O O O attached only O O O attached only attached only O O attached only Cooking elec prefered O elec prefered O elec prefered O Fireplaces elec prefered O elec prefered O elec prefered O Cooking With BO approval O O O elec prefered O With BO approval 0 With BO approval With BO approval elec prefered O With Planning Dept approval elec prefered O O Factories O elec prefered O elec prefered O elec prefered Hazardous O elec prefered O elec prefered O elec prefered Laboratory/Science Buildings O O O elec prefered With 3rd party verification O O elec prefered O With 3rd party verification elec prefered O Public agency owned and operated Emergency Centers "Essential facilities" as defined in CBC O elec prefered O With 3rd party verification O O elec prefered O elec prefered O With 3rd party verificatio n OSHPD 1 and 3 Hospitals O 100% Affordable housing water heating only O O (high performa nce req'd) Cost considerations/financial hardship O O O Projects that have received entitlement O O O O O Not physically/code feasible O O O O O O O O O O Public interest exemption O O O Link https://www.c http://brisbaneca.https://burlingameca https://www.ci.camhttps://cupertino.legistar.com/Legisla https://hayward.http://healdsburgca.https://losaltoshi https://www.menlopar k.org/DocumentCenter/ View/22773/F5--- 20190910-Intro-reach- code-ord---CC?bidId= http://morganhillc https://mountainvi https://pacificac https://www.cityohttps://meet https://www.ci.rich https://records.sanjoseca.gov/O https://sanmateocounty.legistar.c http://scsire.c ityofsantacruz .com/sirepub/ cache/2/nlnb 02qromqtccfe qx1y4abd/496 29360819202 0084018649.P DF https://legistar web- production.s3.a mazonaws.com /uploads/attac hment/pdf/483 036/Attachmen t_B_Ordinance. pdf Other All-Electric or Limited Gas Ordinances Exceptions Low-Rise Residential High-Rise Residential Non- Residential