HomeMy WebLinkAboutOrdinance 2022 (Ordinance Amending Green Building Codes)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2022
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 12 (BUILDING
REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY
AMENDING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE FOR
ELECTRIC VEHICLE CHARGERS; AMENDING THE 2022 CALIFORNIA MECHANICAL
CODE AND THE 2022 CALIFORNIA PLUMBING CODE TO LIMIT FUEL GAS IN EXISTING
SINGLE FAMILY HOMES AND DUPLEXES, AND PROHIBIT FUEL GAS IN NEW
CONSTRUCTION WITH LIMITED EXCEPTIONS; AND ADOPTING FINDINGS OF FACT
SUPPORTING THE AMENDMENTS TO THE CODES.
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 21st day of November 2022;
a SUMMARY of Ordinance No. 2022 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 5th day of December, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
6th day of December 2022
______________
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2022
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 12 (BUILDING
REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING
THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE FOR ELECTRIC VEHICLE
CHARGERS; AMENDING THE 2022 CALIFORNIA MECHANICAL CODE AND THE 2022
CALIFORNIA PLUMBING CODE TO LIMIT FUEL GAS IN EXISTING SINGLE FAMILY HOMES
AND DUPLEXES, AND PROHIBIT FUEL GAS IN NEW CONSTRUCTION WITH LIMITED
EXCEPTIONS; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO
THE CODES.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENTS TO MUNICIPAL CODE.
Chapter 12.235 of the Municipal Code of the City of San Rafael is hereby amended to read as
follows:
CHAPTER 12.235 - CALIFORNIA GREEN BUILDING CONSTRUCTION STANDARDS CODE
AMENDMENTS
12.235.010 General. For purpose of this Chapter:
Deleted language from the base code has been stricken through.
Replacement language to the base code has been underlined.
12.235.020 Amendments. The 2022 California Green Building Standards Code is amended or modified
as follows:
Delete Section 4.106.4.1 and replace in its entirety to read as follows:
4.106.4.1 New One- And Two-Family Dwellings and Town-Houses. For each dwelling unit, install
a 40 ampere 208/240 volt dedicated EV branch circuit, capable of supporting Level 2 EVSE, terminating
with a receptacle or an EV charger in close proximity to the vehicle charging area.
Delete Subsection 4.106.4.1.1 in its entirety.
Subsection 4.106.4.2 [unchanged].
Delete Subsection 4.106.4.2.1 and replace in its entirety to read as follows:
4.106.4.2.1 New Hotels and Motels. The number of dwelling units, sleeping units or guest rooms shall
be based on all buildings on a project site subject to this section.
1. EV Capable. Ten (10) percent of total number of parking spaces on the building site, provided
for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable
of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the
electrical panel service capacity and electrical system, including any on-site distribution
transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV
spaces at a minimum of 40 amperes.
The service or subpanel circuit directory shall identify the overcurrent protective device
space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance
with the California Electrical Code.
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Exceptions: When EV chargers (Level 2 EVSE) or EV Ready are installed in a number
greater than the minimum required, the EV capable spaces may be reduced by the same
number.
2. EV Ready. Thirty-five (35) percent of total number of parking spaces shall be equipped with
low power Level 2 EV charging receptacles. Conduit size and junction boxes for EV ready
must be sized for Level 2 EVSE as in accordance with the California Electrical Code.
Exceptions:
1. Areas of parking facilities served by parking lifts.
2. When EV chargers (Level 2 EVSE) are installed in a number greater than
the required, the EV ready spaces may be reduced by the same number.
3. EV Chargers. Ten (10) percent of total number of parking spaces shall be equipped with Level
2 EVSE.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed
beyond the minimum required, an automatic load management system (ALMS) may
be used to reduce the maximum required electrical capacity to each space served by
the ALMS. The electrical system and any on-site distribution transformers shall have
sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station
(EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40
amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS
shall not be used to reduce the minimum required electrical capacity to the required
EV capable spaces.
Delete Subsection 4.106.4.2.2 and replace in its entirety to read as follows (subsection 4.106.4.2.2.1
remains unchanged):
4.106.4.2.2 New Multifamily Dwellings and New Residential Parking Facilities. The number of
dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to
this section.
1. EV Ready. Eighty-five (85) percent of total number of parking spaces shall be equipped with
low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than
one receptacle is required per dwelling unit when more than one parking space is provided for
use by a single dwelling unit. Conduit size and junction boxes for EV ready must be sized for
Level 2 EVSE as in accordance with the California Electrical Code.
Exceptions:
1. Areas of parking facilities served by parking lifts.
2. When EV chargers (Level 2 EVSE) are installed in a number greater than
the required, the EV ready spaces may be reduced by the same number.
2. EV Chargers. Fifteen (15) percent of total number of parking spaces shall be equipped with
Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be
located in the common use parking area and shall be available for use by all residents or
guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed
beyond the minimum required, an automatic load management system (ALMS) may
be used to reduce the maximum required electrical capacity to each space served by
the ALMS. The electrical system and any on-site distribution transformers shall have
sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station
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(EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40
amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS
shall not be used to reduce the minimum required electrical capacity to the required
EV capable spaces.
Subsection 4.106.4.2.2.1 [unchanged].
CHAPTER 12.245 - CALIFORNIA MECHANICAL CODE AMENDMENTS
12.245.010 General. For purpose of this Chapter:
Deleted language from the base code has been stricken through.
Added language to the base code has been underlined.
12.245.020 Amendments. The 2022 California Mechanical Code is amended or modified as follows:
Amend Section 1301.1 to read as follows:
1301.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping
in or in connection with a building, structure or within the property lines of premises up to 5 pounds-
force per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other
than service pipe. Fuel oil piping systems shall be installed in accordance with NFPA 31.
Exceptions:
1. Fuel gas and oil piping is prohibited in new construction unless for use in emergency electrical
generation when required by the code, commercial kitchen for preparing food, commercial
laundry for laundry, or in an approved industrial process.
2. Existing fuel gas and oil piping in one- and two-family dwellings may not be expanded unless
overall gas use is reduced, unchanged, or is for additional attached housing.
3. Existing gas meter service size in one- and two-family dwellings may not be increased unless
the increase is required for additional attached housing.
At the discretion of the building official, the building official may approve fuel gas in new construction
or expand fuel gas in existing construction when replacing with electric has been demonstrated to
be technically infeasible or has a disproportionate cost to the project causing an insurmountable
hardship.
CHAPTER 12.250 - CALIFORNIA PLUMBING CODE AMENDMENTS
12.250.010 General. For purpose of this Chapter:
Deleted language from the base code has been stricken through.
Added language to the base code has been underlined.
12.250.020 Amendments. The 2022 California Plumbing Code is amended or modified as follows:
Amend Section 1201.1 to read as follows:
1201.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping
in or in connection with a building, structure or within the property lines of premises up to 5 pounds-
force per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other
than service pipe. Fuel oil piping systems shall be installed in accordance with NFPA 31.
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Exceptions:
1. Fuel gas and oil piping is prohibited in new construction unless for use in emergency electrical
generation, commercial kitchen for preparing food, commercial laundry for laundry, or in an
approved industrial process.
2. Existing fuel gas and oil piping in one- and two-family dwellings may not be expanded unless
overall gas use is reduced, unchanged, or is for additional attached housing.
3. Existing gas meter service size in one- and two-family dwellings may not be increased unless
the increase is required for additional attached housing.
At the discretion of the building official, the building official may approve fuel gas in new construction
or expand fuel gas in existing construction when replacing with electric has been demonstrated to
be technically infeasible or has a disproportionate cost to the project causing an insurmountable
hardship.
DIVISION 2 FINDINGS.
The San Rafael City Council finds that the scientific evidence has established that natural gas combustion
as well as leakage occurring during natural gas procurement, transportation, storage, and distribution
produce significant greenhouse gas emissions that contribute to global warming, climate change and sea
level rise.
California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made
in order to change or modify building standards found in the California Building Standards Code based on
local climatic, geologic, or topographic conditions. Therefore, the San Rafael City Council hereby finds that
these changes or modifications to the California Green Building Standards Code, the California Plumbing
Code and the California Mechanical Code as adopted in Chapter 12.200 of the San Rafael Municipal Code
are reasonably necessary because of the following local climatic, geological and topographical conditions:
I. Climatic conditions:
a) Most of the annual rainfall in San Rafael occurs during the winter, it receives no measurable
precipitation between May and October. During this time, temperatures average between
70 and 90 degrees. These conditions eliminate most of the moisture in the natural
vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can
extend the dry periods to other months of the year. These conditions can be further
exacerbated by occasional off-shore hot, dry, Santa-Ana winds; all of which contribute to
an elevated fire hazard.
b) Most of the annual rainfall in San Rafael occurs during the winter, and some portions of
San Rafael are subject to tidal influences, there are times that flooding conditions occur in
low-lying areas
II. Geologic conditions:
a) San Rafael lies near several earthquake faults, including the very active San Andreas
Fault, there are significant potential hazards such as road closures, fires, collapsed
buildings, and isolation of residents requiring assistance.
b) Many areas of the city, including some highly developed industrial and commercial areas,
are located on bay alluvial soils which are subject to liquefaction in the event of an
earthquake.
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III. Topographic conditions:
a) Much of San Rafael is located in hilly areas, and many of the residential areas are heavily
landscaped, and many exist adjacent to hilly open space areas which are characterized by
dry vegetation and have limited access. In addition, the steepness of grades located in the
hills and canyons results in narrow and winding roads, and limited water supply, making
timely access, rescue and firefighting activities by emergency providers difficult.
b) The major arterial route between San Francisco and Marin and Sonoma county areas,
Highway 101, bisects the City of San Rafael; should that highway become impassable,
alternative routes via surface streets in San Rafael may cause heavy traffic congestion,
limiting emergency access.
More specifically, the above modified building standards are listed below with the corresponding climatic,
geological or topographical condition which necessitates the modification.
Cal Green Section Numbers Climatic, geological and topographical condition
4.106.4.1. Ia, Ib, IIa, IIIa, IIIb
4.106.4.2.1 Ia, Ib, IIa, IIIa, IIIb
4.106.4.2.2. Ia, Ib, IIa, IIIa, IIIb
CMC Section Numbers
1301.1 Ia, Ib, IIa, IIIa, IIIb
CPC Section Numbers
1201.1 Ia, Ib, IIa, IIIa, IIIb
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR
Section 15061(b)(3), since it can be seen with certainty that the adoption of this Ordinance would not have
potential for causing a significant effect on the environment. (14 Cal. Code Regs. Section 15061(b)(3),
‘general rule’ provision). The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA
Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment
and natural resources.
DIVISION 4 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the
City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases shall be declared invalid.
DIVISION 5. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper
of general circulation, published and circulated in the City of San Rafael and shall be in full force and effective
thirty (30) days after its adoption. If published in summary form, the summary shall also be published within
fifteen (15) days after the adoption, together with the names of those Council members voting for or against
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same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of
Marin, State of California.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City
Council on the 21st day of November 2022, and was passed and adopted at a regular meeting of the San
Rafael City Council on the 5th day of December 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Kate Colin, Mayor
Attest:
LINDSAY LARA, City Clerk