File #: 2024-4182   
Type: Consent Calendar Item
Body: City Council
On agenda: 7/2/2024
Title: Final Passage of Ordinance Repealing Alameda Municipal Code Section 13-10.3, which Bans the Use of Natural Gas in New Construction and Major Remodels and Additions, in Order to Comply with California Restaurant Association v. City of Berkeley. Environmental Review: Adoption of an Ordinance Repealing a Ban on the Use of Natural Gas in Buildings is Exempt from Environmental Review Under the California Environmental Quality Act Guidelines Section 15061(b)(3). No Further Environmental Review is Required. (Planning, Building and Transportation 20976710)
Title

Final Passage of Ordinance Repealing Alameda Municipal Code Section 13-10.3, which Bans the Use of Natural Gas in New Construction and Major Remodels and Additions, in Order to Comply with California Restaurant Association v. City of Berkeley.
Environmental Review: Adoption of an Ordinance Repealing a Ban on the Use of Natural Gas in Buildings is Exempt from Environmental Review Under the California Environmental Quality Act Guidelines Section 15061(b)(3). No Further Environmental Review is Required. (Planning, Building and Transportation 20976710)

Body

The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
https://alameda.legistar.com/LegislationDetail.aspx?ID=6703246&GUID=912239F4-ADEF-4065-939F-54D09561ED15&Options=&Search=&FullText=1

This ordinance was not revised when it was introduced.

Full text of the ordinance:

CITY OF ALAMEDA ORDINANCE NO. _____
New Series

REPEALING ALAMEDA MUNICIPAL CODE SECTION 13-10.3, WHICH BANS THE USE OF GAS IN NEW CONSTRUCTION, IN ORDER TO COMPLY WITH CALIFORNIA RESTAURANT ASSOCIATION V. CITY OF BERKELEY

WHEREAS, Alameda Municipal Code Section 13-10.3 bans the use of natural gas in new buildings; and

WHEREAS, in California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found local ordinances banning the use of natural gas in buildings unlawful and repeal of Alameda Municipal Code (AMC) Section 13-10.3 is necessary to comply with the court decision.

NOW, THEREFORE, the City Council of the City of Alameda does hereby ordain as follows:

Section 1. Section 13-10.3 of the Alameda Municipal Code is hereby amended, with underlined text as additions and strikethrough text as deletions, as follows:

13-10.3 Modifications, Amendments and Deletions to the California Green Buildings Standards Code.

Repealed.

Notwithstanding any provisions of the 2022 California Energy Code, 2022 California Green Building Standards Code...

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