Any person, firm, or corporation that proposes to construct a project subject to the provisions of this Code shall first obtain permits required herein, together with any other licenses, permits, or approvals required by this Code.
(Ord. 2022-12)
The California Administrative Code, 2022 Edition, is adopted and hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
(Ord. 2022-12)
A. 
There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Encinitas for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq., based on the International Building Code, 2021 Edition, including specified appendices. Except as otherwise provided by the City of Encinitas Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Encinitas shall be in conformance with the California Building Code which is based on the International Building Code, 2021 Edition and the adopted appendix chapters, published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001.
B. 
Deletions, revisions and additions to the California Building Code, 2022 Edition, shall be as follows:
1. 
Section 101.1 is hereby revised to read:
101.1 Title. These regulations shall be known as the Building Code of the City of Encinitas, hereinafter referred to as "this code."
2. 
Section 105.3.1.1 is hereby added to read:
105.3.1.1 Action on application with grading permit or public improvements. Permits shall not be issued for construction on a site where the City Engineer determines that a grading permit or public improvements is required until the City Engineer notifies the Building Official in writing that the grading or public improvements work has been satisfactorily completed to allow building permits to be issued.
3. 
Section 105.3.1.2 is hereby added to read:
105.3.1.2 Action on application with flooding or geologic conditions. Permits shall not be issued if the City Engineer determines that flooding or geologic conditions at the site may endanger the public safety or welfare.
4. 
Section 109.1.1 is hereby added to read:
109.1.1. No fees for specific governmental organizations. The United States, the State of California, school districts, the County of San Diego, or the City shall not be required to pay any fees for filing an application for a building permit pursuant to this Code unless City building inspection services are requested. If so requested, the regular fee schedules in this Code shall apply.
5. 
Section 109.2 is hereby revised to read:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee schedule established by the City Council of the City of Encinitas.
6. 
Section 109.6 is hereby revised to read:
109.6 Refunds. Refunds of fees paid shall in accordance with the refund policy adopted by the City Council of the City of Encinitas.
7. 
Section 113 is modified by amending sections 113.2 and 113.3 to read:
Section 113.2 Limitations on Authority. The application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have the authority to waive requirement of this code or interpret the administration of this code, including, but not limited, the issuance of permits hereunder.
Section 113.3.1 Qualifications. The board of appeals shall consist of four currently employed Certified Building Officials, five currently licensed California design professionals employed and/or residing in San Diego County, and one accessibility advocate residing in San Diego County, who are not employees of the City of Encinitas.
Section 113.3.2 Selection. The board of appeals shall consist of volunteers who shall receive no compensation other than reimbursement of costs related to participation on the board such as travel expenses. A list of volunteers shall be kept on file by the City Clerk and updated on an annual basis. Selection of members shall be made either at the time of the filing of an appeal or may be appointed on a standing basis by the City Council.
Section 113.3.3 Quorum. A quorum of 6 members is required to act on an appeal. The Building Official and the Fire Marshal for the City of Encinitas shall participate as exofficio non-members and shall not vote.
8. 
Section 202 is hereby revised to add and/or modify the following definitions:
Closet. A small room used for storage that is structurally built and integrated into the walls of the bedroom. A minimum 2-feet in depth and 10-square feet in total floor area.
Enclosed Space. A space that is substantially surrounded by solid surfaces, including walls, ceilings or roofs, doors, fenestration areas, and floors or ground.
Newly Constructed Building. A building that has never before been used or occupied for any purpose; an existing structure that is removed and replaced; or modified/renovated in a manner that causes any of the following conditions to occur is considered a newly constructed building for the purpose of this definition:
1.a. 
More than 50% of the roof framing (e.g., structural support) is removed, and
1.b. 
More than 50% of the exterior bearing walls are removed or 50% of the columns are removed, where there are no walls, or
2. 
The proposed conditioned area in an addition or alteration that more than doubles that of the existing building's conditioned floor area or volume.
The wall calculations are based on the horizontal measurement of the affected portion of the exterior bearing walls between the associated footings and the ceilings. Cripple walls below the floor, or parapets, and similar projections above the roof are not included in the calculations of the exterior wall surface areas.
This definition applies to low-rise residential buildings (including single-family residential (SFR) and duplexes), multi-family residential, and nonresidential building uses.
9. 
Table 1505.1 is hereby amended to read:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
A
A
A
A
A
A
A
A
A
10. 
Appendices C and I of the California Building Code, 2022 Edition, are adopted.
(Ord. 2022-12)
A. 
There is adopted and incorporated by reference herein as the City Residential Code for the purpose of prescribing regulations in the City of Encinitas for construction, alteration, enlargement or repair of detached one-and two-family dwellings, townhouses not more than three stories above grade plane with a separate means of egress and structures accessory thereto, the 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code based on the International Residential Code, 2021 Edition. Except as otherwise provided by this section of the City of Encinitas Municipal Code, the erection, construction, enlargement, alteration or use and occupancy of one-and two-family dwellings, townhouses not more than three stories above grade plane and structures accessory thereto within the City of Encinitas shall be in conformance with the 2022 California Residential Code published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936.
B. 
Deletions, revisions and additions to the 2022 California Residential Code shall be as follows:
1. 
Section R101.1 is hereby revised to read:
R101.1 Title. These regulations shall be known as the Residential Code for One-and Two-family Dwellings of the City of Encinitas and shall be cited as such and hereinafter referred to as "this code."
2. 
Section R105.3.1.2 is hereby added to read:
R105.3.1.2 Action on application with grading permit or public improvements. Permits shall not be issued for construction on a site where the City Engineer determines that a grading permit or public improvements is required until the City Engineer notifies the Building Official in writing that the grading or public improvements work has been satisfactorily completed to allow building permits to be issued.
3. 
Section R105.3.1.3 is hereby added to read:
R105.3.1.3 Action on application with flooding or geologic conditions. Permits shall not be issued if the City Engineer determines that flooding or geologic conditions at the site may endanger the public safety or welfare.
4. 
Section R108.1.1 is hereby added to read:
R108.1.1 No fees for specific governmental organizations. The United States, the State of California, school districts, the County of San Diego, or the City shall not be required to pay any fees for filing an application for a building permit pursuant to this Code unless City building inspection services are requested. If so requested, the regular fee schedules in this Code shall apply.
5. 
Section R108.2 is hereby revised to read:
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee schedule established by the City Council of the City of Encinitas.
6. 
Section R108.3 is hereby revised to read:
R108.3 Building permit valuation. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuation shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.
7. 
Section R108.5 is hereby revised to read:
R108.5 Refunds. Refunds of fees paid shall in accordance with the refund policy adopted by the City Council of the City of Encinitas.
8. 
Section R112.1 is hereby revised to read:
R112.1 General. The City Council shall serve as the Board of Appeals to hear appeals of any code interpretation by the City Building Official.
9. 
Section R112.3 is hereby deleted.
10. 
Section R313.1, Exception is hereby amended to read:
R313.1 Exception: An automatic residential fire sprinkler system may be required by the fire code official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.
11. 
Section R313.2, Exception is hereby amended to read:
R313.2 (1) An automatic residential fire sprinkler system may be required by the fire code official when additions or alterations are made to existing buildings that are not already provided with an automatic residential fire sprinkler system.
12. 
Section R332 is hereby added to read:
R332 SOLARAND ELECTRIC VEHICLE-READY BUILDINGS
R332.1 General. Solar-and electric vehicle-ready construction shall be provided as specified in Section 23.12.080 City Energy Code and 23.12.110 City Green Building Code.
13. 
Section R902.1.3 is hereby revised to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class A.
(Ord. 2022-12)
There is adopted and incorporated by reference herein as the City's Electrical Code for the purpose of prescribing regulations in the City of Encinitas for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code based on the National Electrical Code, 2020 Edition. Except as otherwise provided by this section of the City of Encinitas Municipal Code, all installation, alteration or repair of electrical systems within the City of Encinitas shall be in conformance with 2022 California Electrical Code, published by the California Building Standards Commission, which is based on the National Electrical Code, 2020 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269.
(Ord. 2022-12)
There is adopted and incorporated by reference herein as the City's Mechanical Code for the purpose of prescribing regulations in the City of Encinitas for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq., which is based on the Uniform Mechanical Code, 2018 Edition. Except as otherwise provided by this chapter of the City of Encinitas Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with 2022 California Mechanical Code, and any rules and regulations promulgated pursuant thereto, including the Uniform Mechanical Code, published by the California Building Standards Commission, and any rules and regulations promulgated pursuant thereto, which is based on the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street, Ontario, CA 91761-2816.
(Ord. 2022-12)
A. 
There is adopted and incorporated by reference herein as the City's Plumbing Code for the purpose of prescribing regulations in the City of Encinitas for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq., which is based on the Uniform Plumbing Code 2021 Edition. Except as otherwise provided by this section of the City of Encinitas Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Encinitas shall be in conformance with 2022 California Plumbing Code, published by the California Building Standards Commission, which is based on the Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street, Ontario, CA 91761-2861.
B. 
Section 1503.1.1(14) is hereby added to the 2022 California Plumbing Code to read:
(14) 
A clothes washer system consists solely of one single domestic clothes washing machine in a one-or two-family dwelling.
(Ord. 2022-12)
A. 
Section 100.1 DEFINITIONS, is hereby amended to modify the following definition to the 2022 California Energy Code to read:
NEWLY CONSTRUCTED BUILDING (or NEW CONSTRUCTION) shall have the meaning defined in Title 24, Part 2, Chapter 2, Section 202, as amended.
B. 
Section 120.11 of Section 23.12.080 is hereby amended and added to the California Energy Code as follows:
Section 120.11 - NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
Additions to existing nonresidential and hotel/motel buildings where the total roof area is increased by at least 1,000 square feet shall comply with the requirements of Section 120.11(a) or (b). Alterations to such buildings with a permit valuation of at least $1,000,000 that affects at least 75 percent of the gross floor area shall also comply with the requirements of Section 120.11(a) or (b). These requirements shall apply to Mixed Occupancy buildings as specified in Section 110.0(f).
The required installation of a photovoltaic (PV) system shall be sized according to one of the following methods:
(a) 
Based on gross floor area.
1. 
Buildings with greater than or equal to 10,000 square feet of gross floor area shall install a minimum PV system sized at 15 kilowatts direct current (kWdc) per 10,000 square feet of gross floor area.
Note to Section 120.11(a)1: PV system size = 15 kWdc X (Gross Floor Area/ 10,000 sq. ft.) where the building size factor shall be rounded to the nearest tenth and the resulting product shall be rounded to the nearest whole number. For example, an applicant with a 126,800 square foot building shall install a minimum 191 kilowatt (kWdc) PV system.
2. 
Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt (kWdc) PV system.
Note to Section 120.11(a): Applicants are encouraged to right-size the PV system based on the building's electrical demand to improve the system's cost effectiveness. Applications should also ensure that the PV system meets electrical corporation net energy metering requirements, if applicable.
Note to Section 120.11(a): Where appropriate and where approved by Development Services Director or designee, a PV system based on gross floor area may be based on the scope of the application where the system size reflects only the gross square footage controlled by the applicant, such as a tenant improvement that only affects the tenant's portion of a building's total gross floor area or a general renovation of a nonresidential building by a property owner or manager that only affects common areas. Applicant specific gross floor area PV systems shall be the minimum requirement unless an applicant can demonstrate to the Development Services Director or designee that serving applicant specific load is infeasible per Exception 1 to Section 120.11.
(b) 
Based on New Construction Energy Code.
Comply with CA Title 24, Part 6, Energy Code Section 140.10(a) which otherwise applies to Newly Constructed Buildings.
Note to Section 120.11(a) and (b): In determining whether additions to existing buildings increase the total roof area by at least 1,000 square feet, only roof area for new Enclosed Space, as defined in 23.12.030, Section 202, shall be included.
Exception 1 to Section 120.11: The Development Services Director or designee may waive or reduce, by the maximum extent necessary, the provision of this Section if the Development Services Director or designee determines there are sufficient practical challenges to make satisfaction of the requirements infeasible. Practical challenges may be the result of the building site location, structural load limitations, limited rooftop availability, or shading from nearby structures, topography or vegetation. The applicant is responsible for demonstrating requirement infeasibility when applying for an exception.
Exception 2 to Section 120.11: The Development Services Director or designee may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Development Services Director or designee determines the building has satisfied the purpose and intent of this provision through the use of alternate on-site renewable generation systems, such as wind energy systems.
Exception 3 to Section 120.11: Greenhouse structures used for commercial cultivation, educational purposes, or the conservancy of plants or animals are exempted from the requirements of Section 120.11. The Development Services Director or designee may exempt other greenhouse structure uses on a case-by-case basis.
Exception 4 to Section 120.11: If offered by local load serving entity (e.g. local utility provider), alterations having a building permit of at least $1,000,000 and affecting at least 75 percent of the existing floor area, or additions that increase roof size by at least 1,000 square feet, may instead comply with Section 120.11 by submitting proof to the Development Services Director or designee that each electrical meter related to the new construction, alteration, or addition is served by a load serving entity's electric tariff, contract, or offered product that provides the greatest available percentage of electrical power from renewable energy sources. To comply with this exception, the applicant must prove that the load serving entity's electric tariff, contract, or offered product is equivalent to the greatest available percentage of electrical power from renewable energy sources for any customer in the City of Encinitas. Proof of enrollment shall be maintained and documented through utility billings and shall be provided upon request to the Development Services Director or designee. If required, applicant shall consent to disclosure of tariff documentation to the Development Services Director or designee for verification as authorized under California Public Utilities Code § 8380(b). Applicant consent and disclosure shall be limited to Development Services Director or designee accessing tariff information for verification purposes only.
Exception 5 to Section 120.11: An applicant may install a ground-mounted solar PV system that meets the requirements of Section 120.11 as a voluntary alternative to installing rooftop solar PV. The ground-mounted solar photovoltaic system shall comply with all existing health and safety requirements and limitations in the City.
Exception 6 to Section 120.11: Permit valuation shall exclude valuations for aesthetic exterior alterations in determining the $1,000,000 permit valuation for alterations to existing buildings.
Note to Exception 6 in Section 120.11: Exclusion of aesthetic exterior alterations is intended to remove façade alterations and other exterior alterations that do not affect internal floor space or are not otherwise required to comply with health and safety requirements.
C. 
Section 160.10 is added to the California Energy Code as follows:
Section 160.10 – HIGH-RISE RESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
Additions to existing high-rise residential buildings, where the total roof area is increased by at least 1,000 square feet, shall comply with the requirements of Section 160.10(a) or (b). Alterations to such buildings with a permit valuation of at least $1,000,000 that affects at least 75 percent of the gross floor area shall also comply with the requirements of Section 160.10(a) or (b). These requirements shall also apply to Mixed Occupancy buildings, as specified in Section 110.0(f).
The required installation of a photovoltaic (PV) system shall be sized according to one of the following methods:
(a) 
Based on gross floor area.
1. 
Buildings with greater than or equal to 10,000 square feet of gross floor area shall install a minimum PV system sized at 15 kilowatts direct current (kWdc) per 10,000 square feet of gross floor area.
Note to Section 160.10(a)1: PV system size = 15 kWdc X (Gross Floor Area/ 10,000 sq. ft.) where the building size factor shall be rounded to the nearest tenth and the resulting product shall be rounded to the nearest whole number. For example, an applicant with a 126,800 square foot building shall install a minimum 191 kilowatt (kWdc) PV system.
2. 
Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt (kWdc) PV system.
Note to Section 160.10(a): Applicants are encouraged to right-size the PV system based on the building's electrical demand to improve the system's cost effectiveness. Applications should also ensure that the PV system meets electrical corporation net energy metering requirements, if applicable.
Note to Section 160.10(a): Where appropriate and where approved by Development Services Director or designee, a PV system based on gross floor area may be based on the scope of the application where the system size reflects only the gross square footage controlled by the applicant, such as a tenant improvement that only affects the tenant's portion of a building's total gross floor area or a general renovation of a nonresidential building by a property owner or manager that only affects common areas. Applicant specific gross floor area PV systems shall be the minimum requirement unless an applicant can demonstrate to the Development Services Director or designee that serving applicant specific load is infeasible per Exception 1 to Section 160.10.
(b) 
Based on New Construction Energy Code.
Comply with Section 170.2(g) which otherwise applies to Newly Constructed Buildings.
Note to Section 160.10(a) and (b): In determining whether additions to existing buildings increased the total roof area by at least 1,000 square feet, only roof area for new Enclosed Space, defined as space that is substantially surrounded by solid surfaces, including walls, ceilings or roofs, doors, fenestration areas, and floors or ground, is applicable. For sizing of a system, the determination of total roof area shall also be consistent with total roof area under Title 24, Part 6, Section 110.10(b)1.B.
Exception 1 to Section 160.10: The Development Services Director or designee may waive or reduce, by the maximum extent necessary, the provision of this Section if the Development Services Director or designee determines there are sufficient practical challenges to make satisfaction of the requirements infeasible. Practical challenges may be the result of the building site location, structural load limitations, limited rooftop availability, or shading from nearby structures, topography or vegetation. The applicant is responsible for demonstrating requirement infeasibility when applying for an exception.
Exception 2 to Section 160.10: The Development Services Director or designee may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Development Services Director or designee determines the building has satisfied the purpose and intent of this provision through the use of alternate on-site renewable generation systems, such as wind energy systems.
Exception 3 to Section 160.10: Greenhouse structures used for commercial cultivation, educational purposes, or the conservancy of plants or animals are exempted from the requirements of Section 160.10. The Development Services Director or designee may exempt other greenhouse structure uses on a case-by-case basis.
Exception 4 to Section 160.10: If offered by local load serving entity (e.g. local utility provider, alterations having a building permit of at least $1,000,000 and affecting at least 75 percent of the existing floor area, or additions that increase roof size by at least 1,000 square feet, may instead comply with Section 160.10 by submitting proof to the Development Services Director or designee that each electrical meter related to the new construction, alteration, or addition is served by a load serving entity's electric tariff, contract, or offered product that provides the greatest available percentage of electrical power from renewable energy sources. To comply with this exception, the applicant must prove that the load serving entity's electric tariff, contract, or offered product is equivalent to the greatest available percentage of electrical power from renewable energy sources for any customer in the City of Encinitas. Proof of enrollment shall be maintained and documented through utility billings and shall be provided upon request to the Development Services Director or designee. If required, applicant shall consent to disclosure of tariff documentation to the Development Services Director or designee for verification as authorized under California Public Utilities Code § 8380(b). Applicant consent and disclosure shall be limited to Development Services Director or designee accessing tariff information for verification purposes only.
Exception 5 to Section 160.10: An applicant may install a ground-mounted solar PV system that meets the requirements of Section 160.10 as a voluntary alternative to installing rooftop solar PV. The ground-mounted solar photovoltaic system shall comply with all existing health and safety requirements and limitations in the City.
Exception 6 to Section 160.10: Permit valuation shall exclude valuations for aesthetic exterior alterations in determining the $1,000,000 permit valuation for alterations to existing buildings.
Note to Exception 6 to Section 160.10: Exclusion of aesthetic exterior alterations is intended to remove facade alterations and other exterior alterations that do not affect internal floor space or are not otherwise required to comply with health and safety requirements.
D. 
Section 150.2 of the California Energy Code is amended to add Section (d) as follows:
(d) 
Single Family Additions or Alterations.
The following requirements shall apply to the entire dwelling unit, not just the addition or altered portion. All additions and alterations of single family residential buildings with a building permit valuation of $50,000 or higher shall include any one of the measures identified as Available in Table 150.2-E, Single-Family Requirements, where vintage shall refer to the year in which the building was originally permitted for construction. The measures shall be installed to the specifications in Table 150.2-F, Single-Family Measure Specifications. Existing measures that meet the specifications in Table 150.2-F may be used to satisfy the requirements.
Note: To the extent the provisions of Section 150.2(d) conflict with other provisions of the California Energy Code, then the most energy conserving provisions shall supersede and control.
Exception to Section 150.2(d): The requirement for inclusion of energy efficiency measures does not apply to residential buildings that receive a rating of seven or higher on the U.S. Department of Energy's Home Energy Score rating system based upon an assessment by a Home Energy Score Certified Assessor, to the satisfaction of the Development Services Director or designee.
Table 150.2-E: Single Family Requirements
Measures
Building Vintage
Pre-1978
1978-1991
Post-1991
LED Lamps, Vacancy Sensors and Exterior Photocells
Available*
Available*
Available*
Water Heating Package
Available*
Available*
Available*
Cool Roof
Available*
Available*
Available
R-38 Attic Insulation and Air Sealing
Available*
Available
Available*
Duct Sealing
Available*
Available*
Available
New Ducts + Duct Sealing
Available*
Available
Available
Windows
Available
Available
Not applicable
R-13 Wall Insulation
Available
Not applicable
Not applicable
Heat Pump Water Heater (HPWH)
Available
Available
Available
Heat Pump HVAC
Available
Available
Available
Heat Pump Clothes Dryer
Available
Available
Available
Induction Cooktop
Available
Available
Available
PV + Electric Ready Pre-Wire
Available*
Available*
Available*
*
Measures that have been shown to be cost effective in this region.
Table 150.2-F: Single Family Measure Specifications
Measure Specifications
LED lamps, Vacancy Sensors and Exterior Photocells: Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4 in all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motion sensors, or dimmers do not need to install new Title 24 Section 110.9(b)4 sensors. Install photocell controls on all exterior lighting luminaires.
Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
Cool Roof: Install a cool roof. For steep-sloped roofs (ratio of rise to run greater than 2:12) install a roofing product rated by the Cool Roof Rating Council to have an aged solar reflectance equal to or greater than 0.25, and a thermal emittance equal to or greater than 0.75. For low-sloped roofs, install a roofing product meeting the requirements of Section 150.2(b)1Iiia, and insulate the roof in accordance with Section 150.2(b)1Iiib. Only areas of roof that are to be re-roofed are subject to the cool roof upgrade. All exceptions as stated in 2022 Title 24 Section 150.2(b)1Ii for steep slope roofs and 150.2(b)1Iii for low slope roofs are allowed.
R-38 Attic Insulation and Air Sealing.
Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.026 or insulation installed at the ceiling level shall have a thermal resistance of R-38 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling. Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover. Existing R-19 insulation satisfies this requirement.
Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Testing shall be conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten for Pre-1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for post 1991 vintage buildings. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2022 Title 24 Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the permit application date to verify the duct sealing and confirm that the requirements have been met.
New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Single Family Project permit application date.
Windows: Replace all existing windows with high performance windows with an area-weighted average Ufactor no greater than 0.32.
R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Heat Pump Water Heater (HPWH): Replace existing electric resistance or natural gas storage water heater with a heat pump water heater.
HVAC Heat Pump: Replace existing gas space heating system or all existing electric resistance heating systems with an electric heat pump system.
Heat Pump Clothes Dryer: Replace existing electric resistance clothes dryer with heat pump dryer with no resistance element and cap gas line.
Induction Cooktop: Replace existing gas and electric resistance stove top with inductive stove top and cap the gas line.
PV+ Electric Ready Pre-Wire: Install a solar PV system that meets the requirements of 2022 Title 24 Reference Appendix JA11. The system shall be sized such that the estimated annual kWh production shall not exceed the projected annual kWh demand. Upgrade the panelboard serving the individual dwelling to provide circuit breaker spaces for a heat pump water heater, heat pump space heater, electric cooktop and electric clothes dryer with the capacities specified in California Energy Code Section 150.0 (n), (t), (u) and (v); or, provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel. Install any two circuits for electric appliances from the list below:
1. Heat Pump Water Heater Ready, as specified in Section 150.0(n)1
2. Heat Pump Space Heater Ready, as specified in Section 150.0(t)
3. Electric Clothes Dryer Ready, as specified in Section 150.0(v)
4. Electric Cooktop Ready, as specified in Section 150.0(u)
5. Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s)
6. EV Charger Ready. Install a dedicated 208/240-volt branch circuit as specified in the California Green Building Code, Title 24, Part 11, Section A4.106.8.1, which otherwise applies to new construction
E. 
Section 180 of the California Energy Code is amended to add Section 180.5 as follows:
Section 180.5 - MULTIFAMILY ADDITIONS OR ALTERATIONS
The following requirements shall apply to the entire dwelling unit, not just the addition or altered portion. All additions and alterations of individual residential dwelling units (within the multifamily building), with a building permit valuation of $50,000 or higher shall include any one of the measures identified as Available in Table 180.5-A, Multifamily Requirements, where vintage shall refer to the year in which the building was originally permitted for construction. The measures shall be installed to the specifications in Table 180.5-B, Multifamily Measure Specifications. Existing measures that meet the specifications in Table 180.5-B may be used to satisfy the requirements.
Note: To the extent the provisions of Section 180.5 conflict with other provisions of the California Energy Code, then the most energy conserving provisions shall supersede and control.
Table 180.5-A: Multifamily Requirements
Measures
Building Vintage
Pre-1978
1978-1991
Post-1991
LED Lamps, Vacancy Sensors and Exterior Photocells
Available*
Available*
Available*
Water Heating Package
Available*
Available*
Available*
Cool Roof
Available*
Available*
Available
R-38 Attic Insulation and Air Sealing
Available*
Available
Available
Duct Sealing
Available*
Available*
Not applicable
New Ducts + Duct Sealing
Available*
Available
Available
Windows
Available
Available
Available
R-13 Wall Insulation
Available
Not applicable
Not applicable
Floor Insulation
Available
Not applicable
Not applicable
Heat Pump Water Heater (HPWH)
Available
Available
Available
Heat Pump HVAC
Available
Available
Available
Heat Pump Clothes Dryer
Available
Available
Available
Induction Cooktop
Available
Available
Available
PV + Electric Ready Pre-Wire
Available*
Available*
Available*
*
Measures that have been shown to be cost effective in this region.
Table 180.5-B: Multifamily Measure Specifications
LED lamps, Vacancy Sensors and Exterior Photocells: Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4 in all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motion sensors, or dimmers do not need to install new Title 24 Section 110.9(b)4 sensors. Install photocell controls on all exterior lighting luminaires.
Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
Cool Roof: Install a cool roof. For steep-sloped roofs (ratio of rise to run greater than 2:12) install a roofing product rated by the Cool Roof Rating Council to have an aged solar reflectance equal to or greater than 0.25, and a thermal emittance equal to or greater than 0.75. Low slope roofs (ratio of rise to run of 2:12 or less) shall meet the requirements of Section 180.2(b)1Ii of 2019 Title 24, Part 6. All exceptions as stated in 2022 Title 24 Section 180.2(b)1Ii for low slope roofs and 180.2(b)1Iii for steep slope roofs are allowed.
R-38 Attic Insulation and Air Sealing
Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.026 or insulation installed at the ceiling level shall have a thermal resistance of R-38 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling. Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover. Existing R-19 insulation satisfies this requirement.
Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Testing shall be conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten for Pre-1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for post 1991 vintage buildings. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of 2022 Title 24 Section 180.2(b)2Aiii. The duct system must be tested by a HERS Rater no more than three years prior to the Low-Rise Multifamily Covered Project permit application date to verify the duct sealing and confirm that the requirements have been met.
New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24, Part 6 Section 160.3(b)5.K, with the exception that the maximum duct leakage be reduced from the current code requirement of 12 percent to five percent. To qualify, a preexisting measure must have been installed no more than three years before the Low-Rise Multifamily Covered Project permit application date.
Windows: Replace all existing windows with high performance windows with an area-weighted average Ufactor no greater than 0.32.
R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Floor Insulation: Install floor insulation in the floor cavity of all exterior raised floors to achieve a weighted U-factor of 0.037 or an installed thermal resistance of R-19 or greater for the insulation alone.
PV+ Electric Ready Pre-Wire: Install a solar PV system that meets the prescriptive requirements in Section 170.2(f). The system shall be sized such that the estimated annual kWh production shall not exceed the projected annual kWh demand. Upgrade the panelboard serving the individual dwelling to provide circuit breaker spaces for a heat pump water heater, heat pump space heater, electric cooktop and electric clothes dryer with the capacities specified in California Energy Code Section 150.0 (n), (t), (u) and (v); or, provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel. Install any two circuits for electric appliances from the list below:
1. Heat Pump Water Heater Ready, as otherwise specified for Single Family buildings in Section 150.0(n)1
2. Heat Pump Space Heater Ready, as specified in Section 160.9(a)
3. Electric Clothes Dryer Ready, as specified in Section 160.9(b)
4. Electric Cooktop Ready, as specified in Section 160.9(b)
5. Energy Storage Systems (ESS) Ready, as otherwise specified for Single Family buildings in Section 150.0(s)
6. EV Charger Ready. Install a dedicated 208/240-volt branch circuit as specified in the California Green Building Code, Title 24, Part 11, Section A4.106.8.1, which otherwise applies to single family new construction
F. 
Applicability. These requirements apply to all building permit applications filed on or after January 1, 2023 or the effective date, whichever is later. On or after August 2, 2022 and until December 31, 2022, or the effective date of the ordinance codified in this section, whichever is later, the requirements adopted by Ordinance No. 2021-13 shall apply.
(Ord. 2022-13)
There is adopted and incorporated by reference herein as the City's Historical Building Code for the purpose of prescribing regulations in the City of Encinitas to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of designated historic buildings, the 2022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq., authorized by Health and Safety Code Sections 18950 through 18961.
(Ord. 2022-12)
There is adopted and incorporated by reference herein as the City's Existing Building Code for the purpose of prescribing regulations in the City of Encinitas to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of existing buildings, the 2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq.
(Ord. 2022-12)
A. 
Section 202 DEFINITIONS, is hereby amended to add or modify the following definitions to the 2022 California Green Building Standards Code to read:
All-Electric Building. A building that uses electricity as the source of energy for all its space heating (including but not limited to fireplaces and outdoor heaters), water heating (including but not limited to pools and spas), cooking (including but not limited to barbeques), and clothes drying appliances, and has no Fuel Gas Infrastructure within the building or building property lines for these end uses, except for abandoned Fuel Gas plumbing. An All-Electric Building may include solar thermal collectors.
Fuel Gas. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
Fuel Gas Infrastructure. Fuel Gas piping in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter or gas tank as specified in the California Mechanical Code and Plumbing Code.
Newly Constructed Building (or New Construction) shall have the meaning defined in Title 24, Part 2, Chapter 2, Section 202, as amended.
B. 
Section 4.504.6 Fuel gas, is hereby added to the 2022 California Green Building Standards Code to read:
Section 4.504.6 Fuel gas. All Newly Constructed Residential and Hotel/Motel buildings shall be designed and constructed as All-Electric Buildings.
Exception to Section 4.504.6. At the discretion of the Development Services Director or designee, non-residential buildings containing a for-profit restaurant open to the public may be approved 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, woks, and pizza ovens. The Development Services Director or designee shall grant this exception if they find the following:
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 methods to mitigate the greenhouse gas impacts of the gas fueled appliance based on reducing on site energy use that is equal to or greater than the expected annual GHG emissions from the therms consumed onsite based on new natural gas service request from the utility and equipment installed.
Note: GHG emissions mitigation can include energy efficiency, onsite renewable generation, electric vehicle service equipment, or other action to reduce GHG emissions from the building;
4. 
The applicant shall comply with the pre-wiring provision of Note 1 below.
Note 1: If natural gas appliances are used under the exception above, natural gas appliance locations shall also be Electric-Ready for future electric appliance installation. Electric-Ready shall be specified in the Design Guidelines for Electric-Ready Buildings published by Development Services.
Note 2: Where the exception is granted, the applicant is prohibited from completing any natural gas or propane plumbing rough work or stub out for any appliance or end-use that is required to be electric.
Note 3: If the exception is granted, the Development Services Director or designee shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code, Part 2, Section 104.
C. 
Section 5.509 Fuel gas, is hereby added to the 2022 California Green Building Standards Code to read:
Section 5.509 Fuel gas. All Newly Constructed nonresidential buildings shall be designed and constructed as All-Electric Buildings.
Exception 1 to Section 5.509. "Essential Facilities" as defined by California Health and Safety Code Section 16007 built to the standards required by the Essential Services Buildings Seismic Safety Act of 1986 (California Health and Safety Code Sections 16000-16023) and Title 24, Part 1, Chapter 4 are exempt from the all-electric requirements if it is necessary to meet the requirements of other permitting agencies or is demonstrated to be necessary for the purpose of protecting public health, safety, and welfare. "Essential Facilities" as defined by the California Building Code Part 2 Section 202 are included in the definition of "essential services building."
Exception 2 to Section 5.509. At the discretion of the Development Services Director or designee, non-residential buildings containing a for-profit restaurant open to the public may be approved 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, woks, and pizza ovens. The Development Services Director or designee shall grant this exception if they find the following:
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 methods to mitigate the greenhouse gas impacts of the gas fueled appliance based on reducing on site energy use that is equal to or greater than the expected annual GHG emissions from the therms consumed onsite based on new natural gas service request from the utility and equipment installed.
Note: GHG emissions mitigation can include energy efficiency, onsite renewable generation, electric vehicle service equipment, or other action to reduce GHG emissions from the building;
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 1-2, natural gas appliance locations shall also be Electric-Ready for future electric appliance installation. Electric-Ready shall be specified in the Design Guidelines for Electric-Ready Buildings published by Development Services.
Note 2: Where any of the exceptions 1-2 are granted, the applicant is prohibited from completing any natural gas or propane plumbing rough work or stub out for any appliance or enduse that is required to be electric.
Note 3: If any of the exceptions 1-2 are granted, the Development Services Director or designee shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code, Part 2, Section 104.
D. 
Section 4.304.2 Graywater Systems is hereby added to the 2022 California Green Building Standards Code to read:
4.304.2 Graywater systems. Newly Constructed single-family dwelling units shall be preplumbed for a graywater system permitted and constructed in accordance with Chapter 15 of the California Plumbing Code and including a connection to a convenient location for integration of the graywater system with landscape irrigation systems and accepting graywater from all sources permissible in conformance with the definition of graywater as per Section 14876 of the California Water Code.
Exception:
A graywater system shall not be permitted where a qualified soils engineer determines in a written, stamped report, or a percolation test shows, that the absorption capacity of the soil at the project site is unable to accommodate the discharge of a graywater irrigation system.
E. 
This section covers Electric Vehicle Service Equipment requirements and includes the following sections:
A4.106.8 Electric vehicle charging for new construction.
A4.106.8.1 Electric vehicle charging for new one-and two-family dwellings and town-houses with attached private garages.
4.106.4.4 Electric vehicle charging for newly constructed multifamily buildings.
5.106.5.3.2.1 Additional electric vehicle charging equipment (EVCE) requirements for nonresidential buildings.
Section 102.4: Electric vehicle service equipment streamlined permitting for AB 1236 compliance.
The first paragraph of Section A4.106.8 and the entirety of Section A4.106.8.1 are hereby added as amended to the 2022 California Green Building Standards Code to read:
A4.106.8 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections A4.106.8.1 to facilitate future installation and use of electric vehicle chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
A4.106.8.1 Electric vehicle charging for new one-and two-family dwellings and town-houses with attached private garages.
Tier 1 and Tier 2. For each dwelling unit a dedicated 208/240-volt branch circuit shall be installed in the raceway required by Section 4.106.4.1. The branch circuit and associated overcurrent protective device shall be rated to 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.
A4.106.8.1.1 Identification. The service panel or subpanel circuit director shall identify the overcurrent protective device designated for future EV charging purposes as "EV READY" in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as "EV READY."
F. 
Section 4.106.4.4 EV Chargers, is hereby added to the 2022 California Green Building Standards Code Section 4.106.4 to read:
4.106.4.4 Electric vehicle charging for newly constructed multifamily and hotel/motel buildings. At least 15 percent of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces). For any new hotel or motel project, or for any alteration or addition to a hotel, or motel that requires a building permit with square footage larger than 10,000 square feet as determined by the City of Encinitas Building Division, at least 8% of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces). Each such space shall be equipped, at a minimum, with fully operational Level 2 Electric Vehicle Supply Equipment (EVSE). Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. These requirements shall apply to mixed occupancy buildings as specified in Section 302.
4.106.4.4.2 Technical requirements. The EV spaces required by Section 4.106.4.4 shall be designed and constructed in accordance with Sections 4.106.4.2.2.1.1, 4.106.2.2.1.2, 4.106.2.2.1.3.4.
Exceptions:
On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1. 
Where there is no local utility power supply or the local utility is unable to supply adequate power.
2. 
Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4.4, may adversely impact the construction cost of the project.
3. 
Or other conditions as determined by the City.
G. 
Section 5.106.5.3.2.1 Additional Electric Vehicle Charger Requirements for Nonresidential Buildings, is hereby added to the 2022 California Green Building Standards Code Section to read:
5.106.5.3.2.1 Additional electric vehicle charging station requirements for nonresidential buildings.
1. 
The total number of parking spaces provided with electric vehicle supply equipment (EVSE) required under Section 5.106.5.3.2 shall be at least 8% of the total number of parking spaces provided for all types of parking facilities, but in no case less than one. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. All EVSE and EV spaces shall be made available to all employees and patrons of the property.
2. 
For any nonresidential alteration or addition that requires a building permit with square footage larger than 10,000 sq. ft. as determined by the City of Encinitas Building Division, at least 8% of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces). Each such space shall be equipped with, at a minimum, fully operational Level 2 electric vehicle supply equipment (EVSE). Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. All EVSE and EV spaces shall be made available to all employees and patrons of the property in the same manner as other parking spaces. Refer to Sections 5.106.5.3.2 and 5.106.5.3.3 for design requirements.
3. 
These requirements shall apply to mixed occupancy buildings as specified in Section 302.
Exceptions:
On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.
Where there is no local utility power supply or the local utility is unable to supply adequate power.
2.
Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3.2.1, may adversely impact the construction cost of the project.
3.
Or other conditions as determined by the City.
H. 
Section 102.4, Electric Vehicle Charging Station Streamlined Permitting/ AB 1236 and AB 790 Compliance, is hereby added to the 2022 California Green Building Standards Code Section to read:
Section 102.4: Electric vehicle service equipment streamlined permitting for AB 1236 and AB 970 compliance.
102.4.1 Purpose. The purpose of this amendment is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Sections 65850.7 and 65850.71, as modified.
102.4.2 Definitions. The following definitions shall apply to Section 102.4:
Electric Vehicle Charging Station or Charging Station.
Any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
Association.
A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Checklist.
The submittal checklist required by the City of Encinitas to be submitted with the permit application for an electric vehicle charging station to demonstrate compliance.
Specific, Adverse Impact.
A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Electronic Submittal.
Submittal through the City's Customer Self Service Portal.
Feasible Method.
A method to satisfactorily mitigate or avoid a specific, adverse impact including, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.
102.4.3 Permit Application Processing. Section 102.4 applies to the permitting of all electric vehicle charging stations in the City of Encinitas.
A.
Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
B.
A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7 and Section 65850.71, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
C.
Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
102.4.4 Permit Application and Submittal Requirements.
A.
All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
B.
All documents required for the submission of an electric vehicle charging station application are available on the city website, including a checklist of submittal requirements for expedited review. Unless otherwise specified, the checklist shall be the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook."
C.
Along with the Checklist, the applicant shall submit a site plan, accessibility details, and associated electrical plans as part of their submittal to the City.
D.
Electronic submittal of the required permit application and documents shall be made available to all electric vehicle charging station permit applicants. The permit application and associated documentation may be submitted to the Building Division by electronic submittal together with required permit processing and inspection fees. Electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature.
E.
Should this chapter conflict with any permit processing requirements specified in any other chapter of the Encinitas Municipal Code, this chapter shall take precedence.
102.4.5 Permit Review and Issuance.
A.
The Development Services Department shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations.
B.
A permit application that satisfies the information requirements in the city's Checklist shall be deemed complete and be promptly processed per Government Code Section 6580.71.
C.
If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
D.
Upon confirmation by the Building Official that the permit application and supporting documents meets the Checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7 and Section 65850.71, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until final inspection approval is granted by the City.
102.4.6 Technical Review.
A.
It is the intent of this code to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations.
B.
In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an Association, as that term is defined by Civil Code Section 4080.
102.4.7 Electric Vehicle Charging Station Installation Requirements.
A.
Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
B.
Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C.
Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D.
Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
E.
If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
I. 
Section A5.213 Energy Efficient Steel Framing, is hereby added to the 2022 California Green Building Standards Code to read:
A5.213.1 Steel framing. Design steel framing for maximum energy efficiency. Techniques for avoiding thermal bridging in the envelope include:
1. 
Exterior rigid insulation;
2. 
Punching large holes in the stud web without affecting the structural integrity of the stud;
3. 
Spacing the studs as far as possible while maintaining the structural integrity of the structure; and
4. 
Detailed design of intersections of wall openings and building intersections of floors, walls and roofs.
J. 
Applicability. These requirements apply to all building permit applications filed on or after January 1, 2023 or the effective date, whichever is later. On or after August 2, 2022 and until December 31, 2022, or the effective date of the ordinance codified in this section, whichever is later, the requirements adopted by Ordinance No. 2021-13 shall apply.
(Ord. 2022-14)
The California Reference Standards Code, 2022 Edition, Chapter 23.12.130 is adopted and here-by incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
(Ord. 2022-12)