HomeMy WebLinkAboutOrdinance 611
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ORDINANCE 611
AMENDING CHAPTER 1.10 (GREEN BUILDING STANDARDS CODE) OF TITLE 8
(BUILDING REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL CODE AND
ADOPT REGULATIONS THAT REQUIRE NEW RESIDENTIAL BUILDINGS AND
SUBSTANTIALLY ALTERED EXISTING RESIDENTIAL BUILDINGS TO BE
CONSTRUCTED WITH ZERO NOx EMISSION EQUIPMENT
WHEREAS, much of the Greater Bay Area, including the Town of Los Altos Hills, remains a
nonattainment area that does not meet the federal air quality standards established to protect public
health;and
WHEREAS, Nitrous Oxide and Nitrous Dioxide (collectively NOx) emissions from building
appliances contribute significantly to the formation of ozone and other harmful air pollutants that
are present at levels that violate federal standards; and
WHEREAS, the Bay Area Air Quality Management District approved rules on June 21, 2023 that
outlaw the sale ofNOx-emitting water heaters and furnaces in 2027 and 2029 respectively for
installation into Bay Area buildings; and
WHEREAS, preparing the structures in the Town of Los Altos Hills for the upcoming
implementation of the Bay Area Air Quality Management District's rules will promote efficiency
and cost savings that will benefit Town residents; and
WHEREAS, Section 39002 of the California Health and Safety Code authorizes local agencies to
establish air pollution standards thafare stricter than statewide or federal standards; 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 Code of Regulations-Title 24; and;
WHEREAS, the Town of Los Altos Hills adopted such regulations on November 17, 2022 with
modifications as provided by California Health and Safety Code Sections 17958.5, 17958.7 and
18941.5 which specify 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;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further
ORDAIN as follows:
1. Title 8, Chapter 1.10 "Green Buildings Standards Code," of the Los Altos Hills
Municipal Code is hereby repealed and replaced with the following Chapter 1.10.
Chapter 1.10 CALIFORNIA GREEN BUILDING STANDARDS CODE
8-1.10.01 Adoption of 2022 California Green Building Standards Code.
(a) The 2022 California Green Building Standards Code, Part 11, Title 24 of the
California Code of Regulations, a portion of the California Building Standards
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Code, as defined in the California State Health and Safety Code Section 18901 et
seq., (hereinafter referred to as "CALGreen"), and any rules and regulations
promulgated pursuant thereto are hereby adopted and incorporated by reference
herein.
(b) Appendix Chapter A4, Section A4.106.8, Electric Vehicle (EV) Charging for
New Construction, is adopted. (§ 1, Ord. 605, eff. December 17, 2022)
(c) One copy of the CALGreen shall be kept on file at the Town of Los Altos Hills.(§
1, Ord. 558, eff. February 15, 2015; § 1, Ord. 568, eff. March 16, 2017; § 1, Ord.
585, eff.
(d) The requirements of this chapter may be adjusted or waived if the property owner
demonstrates that applying this chapter would take property in violation of the
United States and/or California Constitutions, or would violate applicable federal
law.
8-1.10.02 Amended sections of adopted code.
The Green Building Standards Code is amended as follows:
(a) Chapter 2, Definitions, is amended by adding with the following definitions to
read:
ADDITION. An extension or increase in floor area of an existing building or
structure.
ALTERATION OR ALTER. Any construction or renovation to an existing
structure other than repair for the purpose of maintenance or addition.
NITROGEN OXIDES (NOX). The sum of nitrogen oxide (NO) and nitrogen
dioxide (NO2), collectively expressed as nitrogen dioxide.
NOX EMITTING EQUIPMENT. Any equipment or appliance used for space
heating, water heating, cooking, clothes drying and/or lighting that emits more
than 0.0 nanograms of nitrogen oxides expressed as NOx per joule of heat and/or
light output.
REPAm. Reconstruction, replacement, or renewal of any part of an existing
building for the purpose of its maintenance or to correct damage, as defined in
the California Existing Building Code.
SUBSTANTIALLY ALTERED STRUCTURE. Any structure that is
voluntarily altered such that more than fifty (50) percent of the structure's
permitted floor area is altered, or more than fifty (50) percent of the permitted
exterior wall area is altered, or fifty (50) percent of the structure's combined wall
and floor area is altered, or more than fifty (50) percent of existing structure's
permitted floor area is added.
TECHNICALLY INFEASIBLE. With respect to an alteration of a building or
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a facility, there is a low probability of successfully completing the alteration
because existing building or site constraints prevent the modification or addition
of elements, spaces, or features that would fully and strictly comply with the
minimum requirements for new construction and are necessary for compliance.
Examples include but are not limited to, utility conflicts, service capacity
constraints, or construction limitations due to environmental conditions.
ZERO-NOX EMISSION BUILDING. A building with zero NOx emissions that
utilizes zero NOx equipment or appliances.
ZERO-NOX EMITTING EQUIPMENT. Any equipment or appliance that
emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per
joule of heat and/or light output. Equipment and appliance uses include, but are
not limited to, space heating, water heating, cooking, clothes drying, and lighting.
(b) Chapter 4, Residential Mandatory Measures, is amended by amending the
following sections to read:
DIVISION 4.1 PLANNING AND DESIGN
SECTION 4.106 SITE DEVELOPMENT
New construction. All newly constructed buildings, newly constructed detached
accessory dwelling units, and other newly constructed detached habitable
structures shall be Zero-NOx Emission Buildings.
Exemptions:
1. Outdoor cooking equipment, outdoor fireplaces, portable space heaters,
generators, and pool/spa heaters for residential building projects are exempt
from the requirements of 4.106.5.1, or
2. Indoor cooking equipment for residential building projects is exempt from the
requirements of 4.106.5.L The applicant shall comply with Section 4.106.5.3.
4.106.5.1. Substantially Altered Structures. All Substantially Altered
Structures shall be Zero-NOx Emission Buildings.
Exemptions:
1. Outdoor cooking equipment, outdoor fireplaces, portable space heaters,
generators, and pool/spa heaters for residential building projects are exempt
from the requirements of 4.106.5.2, or
2. Indoor cooking equipment for residential building projects is exempt from the
requirements of 4.106.5.1. The applicant shall comply with Section 4.106.5.3,
or
3. Substantially Altered Structures are exempt from the requirements of
4.106.5.2 if the electrical utility service is underground and the installation of
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Zero-NOx Emitting Equipment is technically infeasible as determined by the
Building Official per 4.106.5.4, or
4. Substantially Altered Structures are exempt from the requirements of
4.106.5.2 if the primary electrical utility customer of record at the residence
is enrolled in the PG&E California Alternate Rates for Energy Program
(CARE) and Family Electric Rate Assistance Program (FERA) Programs.
4.106.5.3 Requirements for indoor cooking equipment. Where NOx Emitting
Equipment is allowed for indoor cooking per exemption #2 under 4.106.5.1 or
4.106.5.2, the construction drawings shall provide for the infrastructure and
physical space needed to accommodate the future installation of a Zero-NOx
Emitting cooking appliance in the following ways, as certified by a registered
design professional or licensed electrical contractor:
1. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet
from the cook.top and accessible to the cooktop with no obstructions. The
branch circuit conductors shall be rated at 50 amps minimum. The blank
cover shall be identified as "240V ready." All electrical components shall
be installed in accordance with the California Electrical Code.
2. The main electrical service panel shall have a reserved space to allow for the
installation of a double pole circuit breaker for a future electric cooktop
installation. The reserved space shall be permanently marked as "For Future
240Vuse."
4.106.5.4 Technical Infeasibilities. For technical infeasibilities, the property
owner shall submit a request to use alternate means and methods. The property
owner shall provide any additional information required by the Building Official
to make a determination on the request per the 2022 CALGreen, Section 101.8.
The determination of the Building Official may be appealed to the City Council,
as provided in LAHMC, Section 1-4.01.
2. Severability. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid or unconstitutional, the remainder of this ordinance,
including the application of such part or provision to other persons or circumstances,
shall not be affected thereby and shall continue in full force and effect. To this end,
provisions of this ordinance are severable. The City Council of the Town of Los Altos
Hills hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after
adoption. Within fifteen days (15) after the passage of this ordinance, the City Clerk
shall cause this ordinance or a summary thereof to be published once, with the names of
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those City Councilmembers voting for or against it in a newspaper of general circulation
in the Town of Los Altos Hills, as required by law. Prior to the effective date of this
ordinance, the City Clerk shall further file a copy of the ordinance with the California
Building Standards Commission. This ordinance shall apply to any project for which a
development or permit application is filed with the Town as of the effective date of the
ordinance.
INTRODUCED: JANUARY 18, 2024
PASSED: FEBRUARY 15, 2024
AYES: MOK, SCHMIDT, SWAN, TANKHA, TYSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
BY:
ATTEST: Stanley Q. Mok, Mayor
Arika Birdsong-Miller, City Clerk
APPROVED AS TO FORM:
City Attorney