§ 9-17

The purpose of this chapter is to reduce greenhouse gas emissions and improve air quality by prohibiting natural gas infrastructure, appliances and equipment in and around newly constructed buildings and certain newly built residential units.

The City Council finds that:

• (a) In 2016, the Paris Climate Agreement committed national governments to pursue efforts to limit temperature rises to 1.5 degrees Celsius. In 2018, the Intergovernmental Panel on Climate Change (IPCC) issued a special report on the impacts of global warming and the need to significantly reduce global greenhouse gas emissions well before 2030 to reduce the most detrimental impacts to ecosystems and to human health.

• (b) In 2018, the United States' Fourth National Climate Assessment made clear that climate change will wreak havoc across the United States, and that the current pace and scale of national climate action are not sufficient to avert substantial damage to the environment, human health, and economy. The direct and indirect impacts of climate change will disproportionately affect communities least able to prepare for, cope with, and recover from those impacts. Those communities include communities of color, low income communities, and other vulnerable populations.

• (c) The City of Ojai and the State of California are already suffering the effects of climate change in the form of droughts, air pollution, extreme heat, frequent wildfires, flooding, and other climate-driven adverse events.

• (§ 11, Ord. 936, eff. March 28, 2023)

• (a) The provisions of this chapter shall apply to all projects defined below as a "covered project."

• (b) The requirements of this chapter shall not apply to the use of propane tank appliances.

• (c) This chapter shall in no way be construed as amending California Energy Code requirements under California Code of Regulations, Title 24, Part 6, nor as requiring the use or installation of any specific appliance or system as a condition of any City permit or approval.

• (§ 11, Ord. 936, eff. March 28, 2023)

"Covered project" means a newly-constructed building and all related outbuildings and accessory structures and equipment, including, but not limited to, pool heaters, outdoor fire

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-17.03

§ 9-17.05

places/pits, and outdoor cooking facilities, for which one or more building permits, including mechanical, electrical, or plumbing permits, are required for construction under the Ojai Municipal Code or applicable law. Covered project also includes any new residential unit, including any new accessory dwelling unit or junior accessory dwelling unit, except for accessory dwelling units approved via the compliance program per Ojai Municipal Code Section 10-2.1709, subdivision (j).

"Natural gas infrastructure" is natural gas piping into, within, or in connection with a building or within the property lines of a parcel.

(§ 11, Ord. 936, eff. March 28, 2023)

All covered projects shall be built with no natural gas infrastructure, appliances, or equipment. Any subsequent remodel or additions to a building issued a certificate of occupancy or equivalent final approval by the Building Official on or after January 1, 2021 shall be subject to this chapter. Except for remodels or additions creating new residential units, this chapter does not apply to any remodels or additions to existing buildings issued a certificate of occupancy or equivalent final approval before January 1, 2021 and to restaurants, as defined in Section 5-13.101(b).

(§ 11, Ord. 936, eff. March 28, 2023)

The procedures for compliance with the provisions of this chapter shall include, but not be limited to, the following:

• (a) Planning applications. If a discretionary planning application, including, but not limited to, a design review permit or conditional use permit, is required for a covered project, applicants must show that the covered project will satisfy the requirements of this chapter, as part of the application and approval process for the design review permit and/or conditional use permit, to the reasonable satisfaction of the Building Official. If an applicant is seeking an exemption from the requirements of this chapter, the applicant must identify any anticipated infeasibility in achieving compliance per Section 9-17.06 regarding exemptions.

• (b) Building plan check review. Upon submittal of an application for a building permit, building plans for any covered projects shall demonstrate that the projects will satisfy the requirements of this chapter to the satisfaction of the Building Official.

• (c) Final building inspection. Prior to final building inspection and occupancy for any covered project, evidence that project construction has met the requirements in this chapter shall be provided to the satisfaction of the Building Official. The Building Official shall review the documentation submitted by the applicant, and determine whether the project meets the requirements of this chapter. If the Building Official determines that the applicant has met these requirements, the final building inspection may proceed.

• (d) Conflict with other laws. The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any Federal or State law. Any and all greenhouse gas reduction activities adopted and implemented under this

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City of Ojai, CA § 9-17.05

OJAI CODE

§ 9-17.06

chapter are intended to be complementary and nonduplicative of measures required to be adopted by any State or Federal agency under State or Federal law. Nothing in this chapter shall relieve any person, entity, including any City department or City official of compliance with other applicable Federal, State, or local laws or regulations, including Federal or State air and water quality requirements, and other requirements for protecting public health or the environment

• (e) Upon the recommendation of the Building Official, the City Council may adopt additional regulations to implement the purposes of this chapter.

• (§ 11, Ord. 936, eff. March 28, 2023)

If an applicant for a covered project believes that circumstances exist that make it infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show infeasibility.

• (a) Application. The applicant shall identify in writing the circumstances that make it infeasible for the covered project to comply with this chapter. The applicant shall indicate the maximum threshold of compliance they believe is feasible for the project and the circumstances that make it infeasible for the covered project to fully comply with the requirements of this chapter. Circumstances that constitute infeasibility include, but are not limited to, the following:

  • (1) It is not physically or technically feasible to comply with the permit criteria outlined in this chapter. Financial considerations shall not be a basis for determination of physical or technical infeasibility;

  • (2) There is a conflict with any other applicable City regulations, such as those requiring historic resources preservation;

  • (3) There is a lack of commercially available materials and technologies to comply with the requirements of this chapter;

  • (4) Applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property;

  • (5) Compliance with this chapter may be infeasible only if there is no prescriptive option for compliance. Proposal to install a technology, system, or design not allowed under this chapter does not demonstrate infeasibility where compliant technologies, systems, or designs are available.

• (b) Granting of exemption. If the Community Development Director determines that it is infeasible for the applicant to meet the requirements of this chapter, the Community Development Director may grant the exemption, subject to appeal to the Planning Commission and City Council as specified in subsection (d) below.

• (c) Denial of exemption. If the Community Development Director determines that it is feasible, as applicable, for the applicant to meet the requirements of this chapter, the request for an exemption shall be denied and the applicant shall be notified of the decision in writing. The covered project shall be modified to comply with the requirements in this chapter.

• (d) Appeal. The determination of the Community Development Director regarding the granting

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-17.06

§ 9-17.07

or denial of an exemption or compliance with any other provision of this chapter may be appealed. An appeal of a determination of the Community Development Director shall be filed in writing to the Planning Commission and processed, together with possible further appeal to the City Council, in accordance with the provisions of Article 30, Appeals of Chapter 2 of Title 10 of this Code. The Planning Commission and City Council shall review the appeal based solely on whether the project meets the criteria and definition of infeasibility.

(§ 11, Ord. 936, eff. March 28, 2023)

Violations of the requirements of this chapter shall be considered an infraction, subject to all applicable remedies under this Code and applicable law. Violations shall be punishable by the sanctions prescribed in Chapter 2 of Title 1 of this Code, including, but not limited to, the penalties prescribed for an infraction in Section 1-2.03. Violations of this chapter shall be further be subject to citations under Section 1-5.03, administrative remedies under Chapter 6 of Title 1, and all lawful remedies prescribed in Section 9-1.205.

(§ 11, Ord. 936, eff. March 28, 2023)

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City of Ojai, CA