Chapter 15.22
ENERGY CODE
Sections:
15.22.040 Nonresidential and high-rise residential photovoltaic system required.
15.22.010 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the city of Solana Beach for the conservation of energy the 2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. Except as otherwise provided by this chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2022 California Energy Code and any rules and regulations promulgated pursuant thereto as published by the California Building Standards Commission. (Ord. 527 § 2(B), 2022)
15.22.020 Applicability.
The requirements of this chapter shall apply at the time of building permit application for all newly constructed buildings, as defined in Section 100.1(b) of Title 24, Part 6, Definitions, of the California Code of Regulations, and as amended by SBMC 15.22.030. (Ord. 528 § 3, 2023)
15.22.030 Definitions.
Section 202 of Title 24, Part 2, Chapter 2, Definitions, of the California Code of Regulations is hereby amended to modify the definition of “newly constructed” to read:
NEWLY CONSTRUCTED or NEW CONSTRUCTION [HCD 1-AC] means a building that is new construction, previously unoccupied or substantially Remodeled (as defined herein). Any construction work, alteration, remodel, replacement, repair, or renovation of any building(s) or structure(s) (collectively “Remodel”) shall be considered “New Construction” when:
A. Residential Remodel.
1. Any construction that Remodels more than fifty percent (50%) of any of the following major structural components:
(i) exterior walls (measured by linear feet);
(ii) interior walls (measured by linear feet), except where the building or structure is less than 1200 square feet;
(iii) roof (measured by square footage);
(iv) floor and/or foundation (measured by square footage); or
2. The addition of seven hundred (700) or more square feet of floor area.
B. Nonresidential Remodel.
1. Any construction that Remodels more than fifty percent (50%) of any of the following major structural components:
(i) exterior walls (measured by linear feet);
(ii) interior walls (measured by linear feet);
(iii) roof (measured by square footage);
(iv) floor and/or foundation (measured by square footage); or
2. The addition of fifty percent (50%) or more of floor area to the building (measured by square footage); or
3. The Remodel project has a permit valuation of four hundred thousand dollars ($400,000) or more.
Section 100.1(b) of Title 24, Part 6, Definitions, of the California Code of Regulations is amended to modify the following definition:
NEWLY CONSTRUCTED or NEW CONSTRUCTION shall have the meaning as defined in Title 24, Part 2, Chapter 2, Section 202, of the California Code of Regulations as amended by Solana Beach Municipal Code Section 15.22.030.
(Ord. 528 § 3, 2023)
15.22.040 Nonresidential and high-rise residential photovoltaic system required.
Section 120.11 is added to the California Energy Code as follows:
Section 120.11 – NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
All Newly Constructed Nonresidential and Hotel/Motel buildings shall be required to install an on-site photovoltaic system. The required installation of a photovoltaic (PV) system shall comply with Section 140.10(a). All exceptions to Section 140.10(a) apply.
Exceptions applicable to Remodels that qualify as New Construction:
A. When a Remodel of a Nonresidential multi-tenant building (whether to a tenant’s leased premises within the building or to the common area of the building or project) qualifies as New Construction, compliance with the requirements herein concerning the size of the photovoltaic system shall be based on the conditioned floor area (CFA) controlled by the applicant.
(i) Where there is construction to a leased premises that only concerns the leased premises, the size of the photovoltaic system will be based on the conditioned floor area (CFA) of the leased premises being Remodeled controlled by the applicant. (For example, for a tenant improvement that only affects the tenant’s portion of a building’s total gross floor area.)
(ii) Where there is construction to the common area of a building or project, the size of the photovoltaic system will be based on the conditioned floor area (CFA) of the common area of the building or project that is owned or controlled by the property owner consisting of interior lobbies, hallways, bathrooms, and mailrooms located inside the building. (For example, a Remodel of a building that only affects common area of the building or project.)
B. The building official may reduce (by the minimum extent necessary) or waive the requirements of this Section 120.11 if the official determines that (i) there are sufficient “practical challenges” to make compliance with the requirements infeasible or (ii) that the size of the photovoltaic system required herein exceeds the reasonable average annual electricity demand for the proposed use of the building or premises. “Practical challenges” may be a result of the building site location, limited rooftop availability, or shading from nearby structures, topography, or vegetation. The applicant is responsible for submitting written documentation that demonstrates (i) the infeasibility of the requirement or (ii) that the electrical demand for the building (or leased premises) based on the proposed use of the building (or leased premises) is lower than the electricity production from the required system size. The applicant’s request for modification or exemption from this requirement shall include a written report from a certified energy analyst and other qualified consultants as may be required by the building official that demonstrate the infeasibility of the requirement or that the electrical demand for the building based on the proposed use of the building. The City’s certified energy analyst and/or other consultants shall confirm the report and analysis provided by the applicant.
C. The building official may waive or reduce, by the extent necessary, the provisions of this section 120.11 above if the official determines that the building has satisfied the purpose and intent of this provision through the use of alternate on-site zero carbon, renewable generation systems such as wind energy systems.
D. Greenhouse structures used for commercial cultivation, educational purposes, or the conservancy of plants or animals are exempted from the requirements of this Section 120.11. The Community Development Director or his or her designee may exempt other greenhouse structure uses on a case-by-case basis.
E. 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.
Section 160.10 is added to the California Energy Code as follows:
Section 160.10 – HIGH-RISE RESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
All Newly Constructed High-Rise Residential buildings shall be required to install an on-site photovoltaic system. The required installation of a photovoltaic (PV) system shall comply with Section 170.2(g). All exceptions to Section 170.2(g) apply.
Exceptions applicable to Remodels that qualify as New Construction:
A. The building official may reduce (by the minimum extent necessary) or waive the requirements of this Section 160.10 if the official determines that (i) there are sufficient “practical challenges” to make compliance with the requirements infeasible or (ii) that the size of the photovoltaic system required herein exceeds the reasonable average annual electricity demand for the proposed use of the building or premises. “Practical challenges” may be a result of the building site location, limited rooftop availability, or shading from nearby structures, topography, or vegetation. The applicant is responsible for submitting written documentation that demonstrates (i) the infeasibility of the requirement or (ii) that the electrical demand for the building (or leased premises) based on the proposed use of the building (or leased premises) is lower than the electricity production from the required system size. The applicant’s request for modification or exemption from this requirement shall include a written report from a certified energy analyst and other qualified consultants as may be required by the building official that demonstrate the infeasibility of the requirement or that the electrical demand for the building based on the proposed use is less than the projected production of the otherwise-required solar PV system. The City’s certified energy analyst and/or other consultants shall confirm the report and analysis provided by the applicant.
B. The building official may waive or reduce, by the extent necessary, the provisions of this Section 160.10 above if the official determines that the building has satisfied the purpose and intent of this provision through the use of alternate on-site zero carbon, renewable generation systems such as wind energy systems.
C. 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.
(Ord. 528 § 3, 2023)