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R114641 City Council Meeting: September 27, 2022 Santa Monica, California RESOLUTION NUMBER 11464 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL AND ENVIRONMENTAL CONDITIONS PURSUANT TO PUBLIC RESOURCES CODE SECTION 17958.7, and 18941.5 WHEREAS, the State Building Standards Commission has approved and published the 2022 edition of the California Building Standards Code on July 1, 2022; and such code will be in effective 180 days thereafter, which is January 1, 2023; and WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, on or about September 20, 2016, the State of California enacted Senate Bill (SB) 32, which added Health and Safety Code Section 38566 to require DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 2 greenhouse gas emissions to be reduced to 40 percent below 1990 levels by no later than December 31, 2030; and WHEREAS, the City of Santa Monica is committed to reducing greenhouse gas emissions in accordance with the United States’ original commitment to the Paris Climate Accord; and WHEREAS, consistent with its May 2019 Climate Action & Adaptation Plan (“CAAP”), the City of Santa Monica is committed to establishing requirements to reduce greenhouse gas emissions by electrifying the building and transportation sectors, which will also increase the use of renewable energy; and WHEREAS, based upon the findings contained in this Resolution, the City Council will be adopting an ordinance making local amendments to the 2022 California Green Building Standards Code that are reasonably necessary based upon local climatic, geological, and environmental conditions. NOW, THEREFORE, the City of Santa Monica does resolve as follows: SECTION 1. The City Council makes the following findings regarding local climatic, geological, topographical, and environmental conditions related to the local amendments to the 2022 California Green Building Standards Code described in Section 2 below: General Findings (a) It is expected that climate change will result in more severe and frequent drought and extreme heat events, intensifying local heat islands and putting vulnerable populations at health risk. (Climatic) (b) Due to changes in rainfall patterns expected with climate change, the City of Santa Monica is likely to be subject to more severe weather events, including droughts DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 3 as well as more intense storms that increase the risks of wildfire, erosion, overland local flooding and landslides. (Climatic and Environmental) (c) The greater Los Angeles region is a densely populated area having buildings constructed within a region where environmental resources are scarce due to varying and occasional immoderate temperatures and weather conditions. (Climatic and Environmental) (d) Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level that could put at risk Santa Monica homes, businesses, and public facilities (Climatic and Geological). (e) The State of California enacted Senate Bill (SB) 32 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by 2030. (f) The City of Santa Monica is committed to reducing greenhouse gas emissions in accordance with the United States’ original commitment to the Paris Climate Accord. Specific Findings (g) As noted in the CAAP, in February 2019, the Clean Power Alliance of Southern California started serving Santa Monica residents with electricity sourced from a higher content of renewable energy sources, with the result that as of May 2019 Santa Monica residents and businesses receive a default 100% renewable electricity. (Climatic and Environmental) (h) The local amendments to promote the use of all-electric vehicles will encourage the substitution of all-electric vehicles for vehicles that use non-renewable fuel and emit GHG, which will increase the use of renewable energy, promote a lower contribution to DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 4 GHG emissions, and increase resilience to ongoing climate change. (Climatic and Environmental) (i) On August 15, 2022, the Commission on Sustainability, Environmental Justice, and the Environment met to consider recommendations to the City Council regarding adopting the 2022 California Building Standards Code, local amendments to that Code and local climatic, geological and topographical conditions. The Commission on Sustainability, Environmental Justice, and the Environment unanimously recommended that the City Council adopt a resolution making necessary local findings and adopt the 2022 California Building Standards Code with local amendments. (j) On August 17, 2022, the Building and Fire Life Safety Commission met to consider recommendations to the City Council regarding adopting the 2022 California Building Standards Code, local amendments to that Code and local climatic, geological and topographical conditions. The Building and Fire Life Safety Commission voted to remain neutral on the proposed changes to the 2022 California Building Standards Code with local amendments. SECTION 2: The City Council expressly finds that the following modifications and changes to the 2022 California Building Standards Code are reasonably necessary because of the local climatic or geological conditions and that each and every one the local conditions detailed in Section 1 above apply to the following modifications and changes to the 2022 California Building Standards Code, as follows: DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 5 No. Municipal Code Section Amendment Summary Justification from Section 1 of this Resolution Local Condition 1 8.106.110 In addition to current 2022 California Green Building Standards Code requirements: (a) In multifamily development projects with less than 20 dwelling units and hotels and motels with less than 20 sleeping units or guest rooms, 5% of the total parking spaces (rounded to the nearest whole number) must have EV chargers installed; (b) A minimum of one EV Capable space is required per project when parking is provided; and (c) In all new multifamily and hotel projects, 60% of the total parking spaces (rounded to the nearest whole number) must be Low Power Level 2 EV Ready spaces. Sections (a) through (j) Climatic, Geological, Environmental 2 8.106.120 In addition to current 2022 California Green Building Standards Code requirements: (a) In all new non-residential buildings, EV Capable and EV Charger spaces must be installed according to CALGreen Tier 1 (Table A5.106.5.3.1). (b) In new office parking facilities, an additional 20% of parking spaces must be Low Power Level 2 EV Ready spaces. Sections (a) through (j) Climatic, Geological, Environmental DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 6 Section 3. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _____________________ DOUG SLOAN City Attorney DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304 Adopted and approved this 27th day of September 2022. __________________________ Sue Himmelrich, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11464 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 27th day of September 2022, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Himmelrich NOES: None ABSENT: Mayor Pro Tem McCowan ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 22F77CE8-A038-499F-BE6A-01EC53925304