HomeMy WebLinkAboutCC Ordinance No. 19-2193 Amending City Code Chapters 16.54 and 16.58 Adopting the 2019 California Energy Code and Green Building Standards Code with Certain Exceptions, Deletions, Modifications, Additions, and Amendments (2)ORDINANCE NO. 19-2193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CITY CODE CHAPTERS 16.54 AND 16.58 ADOPTING THE 2019 CALIFORNIA ENERGY
CODE AND GREEN BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS,
DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.
The City Council of the City of Cupertino finds that:
1. Pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of the California
Health and Safety Code, the City of Cupertino may amend the provisions of the 2019
California Energy Code (Part 6 of Title 24) and the 2019 California Green Building
Standards Code (Part 11 of Title 24) with certain modifications and amendments to those
provisions which are reasonably necessary because of local climatic, geological or
topographical conditions. The City makes the amendments, additions and deletions
described herein to these provisions to address these local conditions, and to reduce
energy use and lower greenhouse gas emissions for the residents of Cupertino through
building electrification, electric vehicle charging infrastructure, and additional green
building measures.
2. The additions, deletions, and amendments hereinafter described are hereby adopted and
are deemed reasonably necessary because of local climatic, geological, or topographical
conditions pursuant to Government Code Sections 18941.5 and 17958.5. Express findings
that these modifications to the Building Codes are reasonably necessary are hereby made
and will be filed with the California Building Standards Commission in accordance with
California Health and Safety Code Section 17958.7 before this ordinance takes effect.
3. The City Council finds that the additions, deletions, modifications and amendments made
to the Energy Code as described herein are cost-effective in accordance with California
Public Resources Code Section 25402.1(h)(2). The finding of cost-effectiveness is described
in greater detail in the Staff Report and the accompanying analyses, and is primarily
derived from the California Codes and Standards Reach Code Program, which has
determined specific modifications to the 2019 State Energy Code for climate zone 4 that
are cost-effective. The City Council also finds,. pursuant to Public Resources Code Section.
25402.1(h)(2), that the additions, deletions, modifications and amendments to the Energy
Code as described herein will require the diminution of energy consumption levels
permitted by the 2019 State Energy Code. The City Council's findings of cost-effectiveness
and energy savings will be filed with the California Energy Commission pursuant to Title
24 Chapter 10-106 before this ordinance takes effect.
4. The City Council of the City of Cupertino held a duly noticed public hearing on December
17, 2019, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Ordinance No. 19-2193
Page 2
NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held
invalid, or its application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of such portion, and
further declares its express intent that the remaining portions of this ordinance should remain in
effect after the invalid portion has been eliminated. To the extent the provisions of this
Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code,
these provisions shall be construed as continuations of those provisions and not as an amendment
to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality
Act, together with related State CEQA Guidelines (collectively, "CEQA") because it has no
potential for resulting in physical change in the environment. In the event that this Ordinance is
found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies only to actions
which have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. In this circumstance, the
proposed action would have no or only a de minimis effect on the environment. The Ordinance
is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action
for the protection of the environment. The foregoing determination is made by the City Council
in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Ordnance No. 19-2193
Page 3
Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordnance as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk
and published in lieu of publication of the entire text. The City Clerk shall post in the office of
the City Clerk a certified copy of the full text of the Ordinance listing the names of the City
Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on December 17, 2019, and
ENACTED at a regular meeting of the Cupertino City Council on January 21, 2020, by the
following vote:
Vote Members of the Citv Council
AYES: Scharf, Paul, Chao, Sinks
NOES: None
ABSENT: Willey
ABSTAIN: None
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
ATTACHMENT A
SECTION 1. Chapter 16.54 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.54 to be entitled, numbered, and to read as follows:
Chapter 16.54: Energy Code
Section
16.54.010 Adoption of the 2019 California Energy Code.
16.54.040 Local Amendments.
16.54.100 Scope.
16.54.110 Definition and Rules of Construction.
16.54.010 Adoption of the 2019 California Energy Code.
A. The provisions of the 2019 California Energy Code, Part 6 of Title 24 of the California
Code of Regulations, and each and all of the regulations, provisions, conditions and terms
of the code are referred to as if fully set forth in this chapter, and, except as to additions,
deletions and amendments hereinafter described, such code is hereby adopted and made
a part hereof, the same as if fully set forth in this Chapter. Notwithstanding the foregoing,
the additions, deletions, and amendments hereinafter described shall not become
operative until the California Energy Commission approval process is completed.
a. In accordance with California Health and Safety Code Sections 17958.7 and
18941.5, express findings that modifications to the Energy Code are reasonably
necessary because of local climatic, geological, or topographical conditions are
either already on file with the California Building Standards Commission or will be
filed prior to the effective date of the ordinance codified in this Chapter.
b. Pursuant to California Public Resources Code Section 25402.1(h)(2), the City
Council's findings that modifications to the Energy Code are cost-effective and will
require the diminution of energy consumption levels permitted by the Energy Code
are either already on file with the California Energy Commission or will be filed prior
to the effective date of the ordinance codified in this Chapter.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant
to Health and Safety Code Section 18942 and is made available for public inspection.
16.54.040 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the 2019 California Energy Code and shall be deemed to amend the cross-
referenced sections of said code with the respective provisions set forth in this Chapter.
16.54.100 Scope.
Amend Section 100.0(e)(2)(A) of the 2019 California Energy Code to read as follows:
2. Newly constructed buildings.
A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly
constructed buildings within the scope of Section 100.0(a). In addition, newly
constructed buildings shall meet the requirements of Subsections B, C, D, or E, as
applicable and shall be an All -Electric Building as defined in Section 100.1(b). For
the purposes of All -Electric Building requirements, newly constructed buildings as
defined in Section 100.1 shall not include newly constructed additions and tenant
improvements in existing buildings.
Exception 1: Nonresidential F, H, and L Occupancies, or other similar research &
development uses as determined by the building official, are exempt from the all -
electric building provisions of this section. If this Exception applies, the applicant
shall comply with the pre -wiring provision of Note 1 below.
Exception 2: "Essential Facilities," as defined by the California Building Code are
exempt from the all -electric building provisions of this section. If this Exception
applies, the applicant shall comply with the pre -wiring provision of Note 1 below.
Exception 3: Non-residential buildings containing a for -profit restaurant open to the
public or an employee kitchen may apply to the Building Official for a modification
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. The Building Official may grant this modification if he
or she finds the following:
1. There is a business -related reason to cook with a flame; and
2. This need cannot be reasonably achieved with an electric fuel source;
and
3. The applicant has employed reasonable methods to mitigate the
greenhouse gas impacts of the gas -fueled appliance.
If the Building Official grants a modification, the applicant shall comply with the pre -
wiring provision of Note 1 below.
Exception 4: If the applicant establishes that there is not an all -electric prescriptive
compliance pathway for the building under the Energy Code, and that the building
is not able to achieve the performance compliance standard applicable to the
building under the Energy Code using commercially available technology and an
approved calculation method, then the Building Official may grant a modification.
If the Building Official grants a modification pursuant to this Exception, the
applicant shall comply with the pre -wiring provision of Note 1 below.
Exception 5: Attached Accessory Dwelling Units and Junior Accessory Dwelling
Units shall be exempt from the all -electric building provisions of this section. For
purposes of this exception, "Accessory Dwelling Unit" has the same definition as
set out in Government Code Section 65852.2, and "Junior Accessory Dwelling
Unit" has the same definition as set out in Government Code Section 65852.22.
Note 1: If natural gas appliances are used under Exception 1, 2, 3, and/or 4, each
natural gas appliance location in such building must be electrically pre -wired for
future electric appliance installation. Each such natural gas appliance location shall
include the following:
A dedicated circuit, phased appropriately, for each appliance. Each
such circuit shall have a minimum amperage requirement for a
comparable electric appliance (based on the manufacturer's
recommendations), an electrical receptacle or junction box that is
connected to the electric panel, conductors of adequate capacity within
3 feet of the appliance. Each such circuit shall be accessible with no
obstructions;
ii. Both ends of the unused conductor or conduit shall be labeled with the
words "For Future Electric Appliance" and be electrically isolated;
iii. A reserved circuit breaker space shall be installed in the electrical panel
adjacent to the circuit breaker for the branch circuit and labeled for each
circuit, an example is as follows: "For Future Electric Range"; and
iv. All electrical components, including conductors, receptacles, junction
boxes, or blank covers, related to this section shall be installed in
accordance with the California Electrical Code.
Note 2: If a building is entitled to apply Exception 1, 2, 3, 4, and/or 5, the Building
Official is authorized to approve alternative materials, design, and methods of
construction or equipment per California Building Code Section 104.
Amend Section 100.0(e)(3)(A) of the 2019 California Energy Code to read as follows:
3. New Construction in existing buildings (additions, alterations and repairs).
A. Nonresidential, high-rise residential, and hotel/motel buildings. Section 141.0
applies to new construction in existing nonresidential, high-rise residential, and
hotel/motel buildings. New construction in existing buildings includes additions,
alterations and repairs. Section 141.0 specifies requirements that uniquely apply to
additions, alterations or repairs to existing buildings, and specify which requirements
in other sections also apply. For alterations that change the occupancy classification
of the building, the requirements specific in Section 141.0 apply to the occupancy after
alterations.
Nonresidential tenant improvements are not subject to the all -electric
building requirement for new construction in section 100.0(e)2A.
16.54.110 Definitions and Rules of Construction.
Amend Section 100.1(b) of the 2019 California Energy Code to add the following definition:
ALL -ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed
within the building, and that uses electricity as the sole source of energy for its space heating,
water heating (including indoor and outdoor pools and spas), cooking appliances, outdoor
kitchens, outdoor fireplaces, and clothes drying appliances. All -Electric Buildings may include
solar thermal pool heating.
SECTION 2. Chapter 16.58 of the Cupertino Municipal Code is hereby repealed in its entirety and
replaced with the following Chapter 16.58 to be entitled, numbered, and to read as follows:
Chapter 16.58 Green Building Standards Code
Section
16.58.010 Adoption of the 2019 California Green Building Standards Code.
16.58.015 Adoption of Appendix Chapters.
16.58.020 Local Amendments.
16.58.030
Title.
16.58.040
Scope.
16.58.100
Mandatory Requirements.
16.58.110
Project types.
10.58120 R8Sid8Dd@| P[Oi9CtS.
10.58.130 Residential New Construction — Equal tOO[less than nine (9)homes
10.58.140 ReSid8DU8| NSVV CODS[nUCti0n — Greater than DiO8/S\ hOOl8S or more
16.58.150 Major multi -family residential renovations/additions.
16.58.100 Non-residential new construction, SOo8U
10.58.170 Non-residential new construction, [08diuOO
10.58.180 NOD'F8SideDti@| new construction, large
10.58.100 Non-residential renovations/additions, minor.
10.58.200 Non-residential renovation 8/8ddiUOnS.major.
16.58.210 Mixed -Use.
10.58.220 T8b|e1U1.1U
10.58.230 Alternate green building standards.
10.58.240 VH[iDC8UOD.
18.58.200 EXe[DpUODS.
18.58.280 Definitions.
18.58.298 Tenant Improvements.
10.58.300 Compliance with local water -efficient landscape ordinance- Residential.
16.58.310 Compliance with local water -efficient landscape ordinance- NOO-ReSidHDti8|.
10.58.400 Electric vehicle (EV)Ch3rgiDg - Residential.
16.58.420 Electric vehicle (EV)charging —NOD-ReSid8OLi8|.
16'58J010 Adoptionofthe 2019 California Green Building Standards Code.
A. The provisions 0fthe 2O10California Green Building Standards Code and each and all Of
the P8gu|8UODS' provisions, COOditiODS and terms of the code is referred to as if fully set
forth in this chapter, and, except 8St0 additions, deletions and 3Ol8Dd08DLS h8[8iD8fte[
described, such COd8 is hereby adopted and nO3d8 8 part hereof, the S308 as if fully S8L
forth iDthis Chapter.
8. In 8CCOnd8OCe with California Health and Safety Code 88CtiODS 17058.7 and
18941.5, eXpF8SS findings that DlOdifiC8UOOS to the California Green Building
St8Od8RjS Code are Fe8SVO8b|y O8C8SS8ry beC8US8 of local C|iDl8tiC. g8O|OgiC8|.
or topographical CODdiUODS are 8iLh8[ @|[88dy OO file with the California Building
St3Dd8RjS CO000iSSiOD or will be filed prior to the effective date of the 0ndiO8DC8
codified in this Chapter.
B. One (1)copy 0fthe code therefore iSOOfile inthe office Ofthe Building Official pursuant
to ||e8Uh and Safety Code 88CtiOD 180428Dd is OO8d8 available for public inspection.
16-58.015 Adoption mfAppendix Chapters.
No Appendix Chapters from the 2019 California Green Building StQDU8ndG Code have been
adopted.
16.58.020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the 2019 California Green Building Standards Code, and shall be deemed to amend
the cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.58.030 Title.
Amend Section 101.1 of the 2019 California Green Building Standards Code to read as follows:
101.1 Title. These regulations shall be known as the California Green Building Standards Code
as amended by the City of Cupertino and may be cited as such and will be referred to herein as
"this code." The California Green Building Standards Code as amended by the City of Cupertino
is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption,
amendment and repeal of building regulations to the California Code of Regulations, Title 24, also
referred to as the California Building Standards Code.
16.58.040 Scope.
Amend Section 101.3 of the 2019 California Green Building Standards Code to read as follows:
101.3 Scope. The provisions of this code shall apply to the planning, design, operation,
construction, use and occupancy of every newly constructed building or structure, unless
otherwise indicated in this code for the City of Cupertino.
The California Green Building Standards Code also is hereby amended to apply to additions,
renovations and tenant improvements of privately -owned buildings and structures in accordance
with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the certification requirements
of any private, third party green building program.
16.58.100 Mandatory Requirements.
Amend Section 101.10 of the 2019 California Green Building Standards Code to read as follows:
101.10 Mandatory requirements. This code contains mandatory green building measures. In
addition, this Chapter contains required minimum green building measures as amended by the
City of Cupertino. All new buildings and structures, additions, renovations and tenant
improvements subject to requirements in Table 101.10 shall comply with the mandatory measures
of the 2019 California Green Building Standards Code as adopted by the state in addition to local
amendments included in this code, regardless of height or number of stories, unless specifically
exempted by this code.
16.58.110 Project Types.
Add Section 101.10.1 of the 2019 California Green Building Standards Code to read as follows:
101.10.1 Project Types - as set forth in Table 101.10.
16.58.120 Residential projects.
Add Section 101.10.1.1 of the 2019 California Green Building Standards Code to read as follows:
101.10.1.1 Residential projects - asset for in Table 101.10.
16.58.130 Residential New Construction — Equal to or less than nine (9) homes.
Add Section 101.10.1.1.1 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.1 Residential new construction - Equal to or less than nine (9) homes - as set
forth in Table 101.10.
16.58.140 Residential New Construction — Greater than nine (9) homes or more.
Add Section 101.10.1.1.2 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.2 Residential new construction - Greater than nine (9) homes or more - as set
forth in Table 101.10.
16.58.150 Major multi -family residential renovations/additions.
Add Section 101.10.1.1.3 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.3 Major multi -family residential renovations/additions - as set forth in Table
101.10. Requirements shall only apply to the area of renovation/addition.
16.58.160 Non-residential new construction, small.
Add Section 101.10.1.1.4 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.4 Non-residential new construction, small - asset forth in Table 101.10.
16.58.170 Non-residential new construction, medium.
Add Section 101.10.1.1.5 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.5 Non-residential new construction, medium - as set forth in Table 101.10.
16.58.180 Non-residential new construction, large.
Add Section 101.10.1.1.6 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.6 Non-residential new construction, large - as set forth in Table 101.10.
16.58.190 Non-residential renovations/additions, minor.
Add Section 101.10.1.1.7 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.7 Non-residential renovations/additions, minor- as set forth in Table
101.10. Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Non-residential renovations/additions, major.
Add Section 101.10.1.1.8 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.8 Non-residential renovations/additions, major- as set forth in Table 101.10.
Requirements shall only apply to the area of renovation/addition.
16.58.210 Mixed -Use.
Add Section 101.10.1.1.9 of the 2019 California Green Building Standards Code to read as
follows:
101.10.1.1.9 Mixed -Use - as set forth in Table 101.10.
16.58.220 Table 101.10—Added.
Add Table 101.10 of the 2019 California Green Building Standards Code to read as follows:
Project Type
Minimum Green Building
Required
Requirement
Verification
A. NEW CONSTRUCTION
Residential
Single Family and Multi -Family
. CALGreen Building Code in
homes equal to or less than 9
accordance with CALGreen's
City Review
homes:
minimum thresholds.
• GPR certified at minimum 50 points
Third Party GPR or
°r
LEED certification
Single Family and Multi -Family
as applicable
homes greater than 9 homes:
LEED Silver or
Alternate Reference
• Alternate Reference Standard per
Standard: See
Section 101.10.2
Section 101.10.2
Non -Residential
• CALGreen Building Code " per
Small, less than 25,000 SF:
Chapter 5 of the California Green
City Review
Building Standards Code
LEED Certified or
Third Party LEED
Mid -size, from 25,000 to 50,000
Certification Alternate
SF:
dd
Alternate Reference Standard
Standard:
per Section 101.10.2
See Section 101.10.2
Third Party LEED
• LEED Silver or
Certification
Large, greater than 50,000 SF:
. Alternate Reference Standard
Alternate Reference
per Section 101.10.2
Standard: See Section
101.10.2
B. RENOVATIONS AND ADDITIONS
Residential
• CALGreen Building Code in
Single-family
accordance with CALGreen's
City Review
minimum thresholds.
• CALGreen Building Code in
Multi -family (minor):
accordance with CALGreen's
City Review
minimum thresholds.
Multi -family (major): Renovations
and/or additions with a Floor Area Ratio
• GPR minimum 50 pts or
Third Party GPR or
FAR increase > 50% and at least
(FAR) —
LEED Certified or
LEED Certification as
35,000 square feet, and that replace or
LEED EBOM Certified or
applicable
substantially alter the HVAC system and
Alternate Reference
at least two of the following: building
• Alternate Reference Standard
Standard: See Section
envelope, hot water system and lighting
per Section 101.10.2
101.10.2
system.
Non -Residential
Minor: Renovations and/or additions
o CALGreen Building Code in
that do not meet the higher thresholds
accordance with CALGreen's
City Review
for "major renovations and additions"
minimum thresholds.
outlined as defined in (ii) below.
Major: Renovations and/or additions
• LEED Certified (applicable
Third Party LEED
that comprise at least 35,000 square feet,
only to the area of renovation/
Certification
and replace or substantially alter the
addition) or
Alternate Reference
HVAC system and two of the
• LEED EBOM Certified or
Standard: See Section
following: building envelope, hot water
Alternate Reference Standard
101.10.2
system, and lighting system.
per Section 101.10.2
Mixed -Use
For new and renovation/addition projects with residential and non-residential components, the use shall
comply by either:
1. Meeting the applicable requirements for each use; or
2. Meeting the applicable requirements for the use that comprises the majority of the project's
square footage where uses are attached and/or combined in a building.
Notes:
"Major" renovations and/or additions apply only to the area of the renovationladdition unless the
LEED EBOM Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements
shall only be applied to elements included in the scope of a project, unless otherwise required by the
California Green Building Standards Code.
16.58.230 Alternate green building standards.
Add Section 101.10.2 of the 2019 California Green Building Standards Code to read as follows:
101.10.2 Alternate green building standards. The applicant may request to apply an
alternate green building standard for a project in lieu of the minimum standards per Table 101.10.
In making a determination in response to an application under this section, the Building Official
may allow an alternate standard if he/she finds that the proposed alternative standard complies
with all of the following:
A. Addresses a comprehensive scope of green building issues including energy efficiency,
water efficiency, resource efficient materials, and healthy building practices;
B. Applies standards that are, when taken as a whole, as stringent as the GPR and LEED
standards;
C. Includes a formalized certification process that incorporates third party verification; and
D. The project will advance the purposes of this Chapter.
16.58.240 Verification.
Amend Section 102.3 of the 2019 California Green Building Standards Code to read as follows:
102.3 Verification. Documentation of conformance for applicable green building measures shall
be provided to the City of Cupertino. Verification that the project meets the applicable
environmental standards occurs through either the Third Party process or City Review per the
requirements in Table 101.10. The following lists the verification requirements for Third Party
verification, and alternative methods:
A. Third Party Certification. A project will be required to meet the Third Party certification
process if the City determines that the project meets or exceeds the applicable thresholds
listed in Table 101.10. The applicant shall submit all of the following to the City, in addition
to other application requirements, to assist the City in determining compliance with the
green building requirements:
a. Planning Application. A green building checklist that includes cross-references to
appropriate locations in the construction documents for all prerequisites and
selected points or credits that demonstrates that the proposed project meets the
applicable minimum requirements.
b. Building Permit.
i. Proof of project registration with administrating body of the applicable
reference standard, and
ii. A green building checklist that includes cross-references to appropriate
locations in the construction documents for all prerequisites and selected
points or credits; that demonstrate that the proposed project meets the
applicable minimum requirements, and
c. Green Building Deposit. The green building deposit in an amount that may be set
from time to time by resolution of the City Council. The applicant may provide the
deposit in the form of cash or in any other form that the City finds acceptable to
meet the purposes of this Section. The full amount of the deposit shall be returned
upon the certification document being provided per 102.3 (A)(c). If however, the
project does not meet the requirements of this Chapter, as applied to the project,
then the City shall retain the full amount of the deposit, and shall use the deposit
solely to advance the purposes of this Chapter.
Time Limit. Within 18 months of Final Occupancy- Provide certification document
for LEED, GPR or alternate rating standard in a form accepted by the City per
Table 101.10. The Building Official may grant a one-time 6-month extension.
16.58.260 Exemptions.
Added Section 102.3.1 of the 2019 California Green Building Standards Code to read as follows:
102.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of
compliance reasonably achievable for the project. Projects that are exempted from the
requirements of the California Green Building Standards Code as amended by the City of
Cupertino shall meet the requirement in section A and at least one of the requirements in sections
B-D:
A. Projects that demonstrate that it is not feasible for the project to fully meet the green
building requirements and that the purposes of this chapter will have been achieved to the
maximum extent possible shall be exempted only for the specific rating system
prerequisite that has been determined to be infeasible.
B. Projects that demonstrate compliance with this code but which will conflict with the
Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring historic
preservation as determined by the Director of Community Development; or
C. Projects that demonstrate compliance with this code but which will conflict with the
California Building Standards Code; or
D. Projects with atypical energy -related design requirements and/or patterns of use that
make compliance with the thresholds of this code infeasible.
16.58.280 Definitions.
Amend Section 202 of the 2019 California Green Building Standards Code to add or amend the
following definitions:
A. "Building Envelope" means the separation between the interior and the exterior
environments of a building in order to provide structural integrity, moisture control,
temperature control, and air pressure control. The principal physical components of the
building envelope include the foundation, roof, walls, and windows.
B. "Decision maker" means the person or entity with final approval authority over the underlying
project.
C. "Green Building Checklist" means a checklist, typically with prerequisites and credits and/or
points that is developed by the administrators of green building certification systems and
used to determine whether a development project can achieve certification.
D. "Green Point Rated (GPR)" means a residential green building rating system developed by
Build It Green. Projects can use any of the adopted GPR checklists that most appropriately
apply to the project type proposed.
E. "Leadership in Energy and Environmental Design (LEED)" means a green building rating
system developed by the U.S. Green Building Council for residential and non-residential
projects. Projects can use any of the adopted LEED checklists that most appropriately apply
to the project type proposed.
F. ^MiOiDlUrO Green Building Requirement" nl8@OS the DlininlUnn green building requirement
that applies t08 particular project, as listed in CO|uDOD 2 of Table 101.10.
G. ^flHqUi[Hd Verification" Dle8DS the St8Od8ndG that CO[[8GpODd to the r8qUir8nORDiS of 3
p8rtiCU|8[ green building F8UDg SySL8Ol and project type, US listed in CO|UDlD 3 Of Table
101.10' fO[VVhiCh verification procedures are fully set forth in Section 102.3.
H. "Feasible" nO83OS C3pBb|8 of being 8CCODlp|iShed in 8 SUCceSSfU| Dl8DO8[ within 8
[e@SOO8b|8 period Of time, taking into 8CC0UnL eCOnOnliC' 8DVi[ODOleOt8|. SOCi8|. and
t8ChOO|OgiC8| f8CtO[S.
|. ''EV Capable" rD88nS 8 parking space linked to 8 listed e|eCt[iC8| panel with sufficient
capacity tOprovide 8tleast 11O/12Ovolts and 20amperes tOthe parking space. Raceways
linking the electrical panel and parking space only need tOb8installed iDspaces that will b8
iO8CC8SSib|8 in the future, either trenched UOdeFg[OUDd or where penetrations to vV8||S.
floors, O[other partitions would otherwise berequired for future installation Ofbranch circuits.
R8C8VV8yS OOUSt be at |88St 1" in diameter and may be sized for multiple Ci[CUitS as 8||OvVed
by the California BeCi[iC8| Code. The p8O8| circuit directory Sh8|| identify the OV8rCU[[8Ot
protective device sp8CH(e) reserved for EV charging as "EV CAPABLE." Construction
documents shall indicate future completion Ofraceway from the panel tOthe parking space,
via the installed iD8CC8SSib|e [8C8vv8yS.
J. "Level 1 EV Fl88dy Circuit" Dle8OS 8 parking Sp8C8 served by 3 C0Dlp|8t8 electric circuit with
8 DliniOlU0 Of 110/120 volt, 20-3Dlp8F8 capacity including e|8Ct[iC8| p8D8| capacity,
overprotection device, Gminimum 1"diameter raceway that may include multiple circuits 8S
8||Ovv8d by the California E|8Ct[iCQ| Code, VVi[iDg' and either a) 8 FHC8pt8C|e |8b8|}8d "Electric
Vehicle {]Ud8t" with at least 1/2^ font adjacent t0the parking Sp3C8. or b\ electric vehicle
supply equipment (E\/8E).
K. ''LeV8| 2 EV Ready Circuit" Dl88DS 3 parking space served by 8 CO[Dp|8t8 electric circuit with
2O8/24Ovolt, 4O-3Dlp8[8capacity including electrical panel capacity, overprotection device,
8 OliDiDlUDl 1^ di3DleL8[ [8CeVV8y that may include DlU|tip|H CinCUitS as 8||OVV8d by the
California E|8Ct[iC8| Code, wiring, and either a) 8 receptacle labelled "Electric Vehicle C)UU8t"
with at least \6''font adjacent tO the parking space, O[b\ electric vehicle supply eqUipDl8Oi
(EV8E)vvith 3 DliOiOlUDl output Of3O 8Dlp8[eS.
L. "Electric Vehicle Charging Station /EVCSY'means 8parking space that includes installation
Of electric V8hiC|8 supply equipment (EV8E) with 8 minimum output Of 30 80pSr8S
C0DD8Cted to Level 2 EVReady Circuit. EVC8 iDSt8||8tiOD may be used to satisfy Level
2EVReady Circuit requirement.
M. "AutODl8UC Load M8D8geDl8Ot Systems (ALMS)" [D88O3 8 CoOtP3| SySL8Dl which 8||0VVS
DlUUip|8 Level 2 EVchargers LO share 8 circuit O[panel and automatically reduce power at
each Ch8n]8[' providing the opportunity to [SdUC8 8|8CtFiC8| iOh-8St[UCtU[8 COS[S and/or
provide demand nSSp0OSe capability. ALMS iSonly allowed for Level 2 EVCS, Level 2 EV
Ready, and Level 1 EVReady Circuits. ALMS systems must b8designed LOdeliver 8tleast
1.4kVV per charger. The CODD8Ct8d 80p8[8g8 on -site Sh8|| not be lower than the required
COOOeCt8d 8Dlp8[8g8 per Part 11' 2019 California GF88D Building Code for the [e|eV8Dt
building types.
N. "Affordable HOUSiOg^ Dl88DS residential buildings that entirely consist of units b8|OVV market
rate and whose rents O[sales prices are determined by local agencies to be affordable
based ODarea median income.
18.58.290 Tenant Improvements.
AmendG8[ti0O 303.1.1 of the 2010C8|ifOFOi8 Gn88O Building Standards Code [O [88d as
3O3.1-1Tenant improvements. Except as specified herein, the provisions ofthis code shall
16.58.300 Compliance with local water -efficient landscape ordinance- Residential.
Add Section 4.304.1.1 of the 2019 California Green Building Standards Code to read as follows:
4.304.1.1 Compliance with local water -efficient landscape ordinance. Residential projects
must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter 14.15 of
the Cupertino Municipal Code.
16.58.310 Compliance with local water -efficient landscape ordinance- Non -Residential.
Add Section 5.304.1.1 of the 2019 California Green Building Standards Code to read as follows:
5.304.1.1 Compliance with local water -efficient landscape ordinance. Non-residential
projects must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter
14.15 of the Cupertino Municipal Code.
16.58.400 Electric vehicle (EV) Charging - Residential.
Amend Section 4.106.4 of the 2019 California Green Building Standards Code to read as follows:
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall
comply with Sections 4.106.4.1 and 4.106.4.2 to facilitate future installation and use of EV
chargers.
Exceptions:
1. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without
additional parking facilities.
Amend Section 4.106.4.1 of the 2019 California Green Building Standards Code to read as
follows:
4.106.4.1 New one- and two-family dwellings and town- houses with attached private
garages. For each dwelling unit, install a Level 2 EV Ready Circuit and Level 1 EV Ready
Circuit.
Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready
Circuit.
Amend Section 4.106.4.1.1 of the 2019 California Green Building Standards Code to read as
follows:
4.106.4.1.1 Identification. The raceway termination location shall be permanently and
visibly marked as "Level 2 EV-Ready".
Amend Section 4.106.4.2 of the 2019 California Green Building Standards Code to read as
follows:
4.106.4.2 New multifamily dwellings. The following requirements apply to all new
multifamily dwellings:
1. For multifamily buildings with less than or equal to 20 dwelling units, one parking space
per dwelling unit with parking shall b8provided with 8Level 2EVReady Circuit.
2. When more than 20 multifamily dwelling units are COOStrUC[ed On 8 building site:
3. 25% of the dwelling units with parking space(s) shall be provided with at least one
Level 2 EV Ready Circuit. C@|CU|8tiODS for the [gqUinBd [OiniOlUDl number of Level
2EVReady spaces shall berounded Upk)the nearest whole number.
b. In addition, each n8Ol8iniOg dVV8UiOg unit with parking Sp8Ce(S)ShGU be provided
with 8tleast 3 L8V8| 1 EVReady Circuit.
Exception: For all DlU|tif8Dli|y /\[h}nd8b|e Housing, 10% Of dwelling units with parking
Sp8C8/S\shall b8provided with 8ileast one Level 2EVReady Circuit. Calculations for the
required minimum number OfLevel 2EVReady spaces shall b8rounded UptOthe nearest
vVhO|e OUOlb8[ The FHnn8iOiDg dwelling units with parking Sp8CH/S\ Sh8|| each be
provided with 8Lleast G Level 1 EV Ready Circuit.
Notes:
1. ALMS may be iOSt8||8d to d8CFe8S8 8|8CfhC8| service and transformer costs 8SSOCi8t8d
with EVCharging Equipment subject 1Oreview Ofthe authority having jU[iSdiCUOD.
2. |DSt8||3UOD Of Level 2 EV Ready Circuits 8bOV8 the DliOiOOU[D DU0be[ required level may
offset the minimum number Level 1 EVReady Circuits required 0D81:1 basis.
3. The [8qUinBnleDtS apply to 0u|tih]Dli|y buildings with parking 8p8C8S including: 8\ assigned
or leased to individual dwelling UDitS' and b) UD8SGigOed residential parking.
4. Local jurisdictions may consider allowing exceptions through their local process, UD8case
by C8S8 b8SiS, if building permit applicant provides dOCU[O8Ot8tiOD detailing that the
increased cost Ofutility service O[on-site transformer capacity would exceed 8Oaverage
Vf$4'58Oamong parking spaces with Level 3 EV Ready Circuits and Level 1 EV Ready
Circuits. |fcosts are found tOexceed this level, the applicant shall provide EVinfrastructure
Up to 8 |8Ve| that vv0U|d not exceed this COSt for utility service or 0D-Si0B t[@DSf0rnne[
capacity.
5. In order to adhere to accessibility n8qUiPSDl8OtS in 3CC0Fd8OC8 with California Building
Code Chapters 11Aand/or 11B,itiSrecommended that all accessible parking spaces for
C0V8n3d newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV
Ready Circuits.
Amend 88CUOD 4.100.4.2.2 of the 2010 California Green Building 8t8Od8nd3 Code to [R8d 88
4~106.4~2.2 Electric vehicle charging space (EV space) dimensions. Applicants shall size
EV spaces as specified by the Building Official.
Delete Section 4.106.4.2.3 of the 2019 California Green Building Standards Code in its entirety.
Delete Section 4.106.4.2.4 of the 2019 California Green Building Standards Code in its entirety
Delete Section 4.106.4.2.5 of the 2019 California Green Building Standards Code in its entirety.
16.58.420 Electric vehicle (EV) charging — Non -Residential.
Amend 8eCUOD 5.106.5.3 Of the 2010 California Green Building 8f8Dd8ndG Code to [88d as
5.106.5i3 Electric vehicle (EV) charging. New construction shall comply with Section
Exception:
1. Where there iGDOcommercial power supply.
2. Nonresidential tenant improvements.
Amend Section 5.1OO.53.1Ofthe 2O10California Green Building Standards Code tOread oS
5.106.5.3.1 Office buildings: In nonresidential new construction buildings designated
primarily for office use with parking:
When 1OO[more parking spaces are constructed'2[% of the available parking
spaces on site shall be equipped with Level 2 EVCS;
2. An additional 10% Sh8U be provided with at least Level 1 EVReady Circuits; and
3. AOadditional 3O%shall b83ileast EVCapable.
Calculations for the required minimum number 0fspaces equipped with Level 2E\/{}S'
Level EVReady spaces and EVCapable spaces shall all burounded upkzthe
nearest whole number
Construction plans and specifications shall demonstrate that all raceways shall b88
minimum Of1"and sufficient for installation OfE\/C88iall required Level 1EVReady
and EVCapable spaces; Electrical calculations shall substantiate the design Ofthe
e|eCt[iC8| system tO include the rating Ofequipment and any on -site distribution
transformers, and have sufficient capacity to simultaneously charge EVs at all required
EVapaoes including Level 1 EV Ready and EVC|8pab|e spaces; and service panel or
subpanel(s) shall have sufficient capacity to accommodate the required number of
dedicated branch CiFCUit/S\ for the fUtUn8 iDSt8||8UOD of the EVGE.
Notes:
1. ALMS may be installed to increase the number ofEVchargers Orthe
amperage Orvoltage beyond the minimum requirements iDthis code. The
option does not allow for installing less electrical panel capacity than would
b8required without ALMS.
ADl8Dd 88CtOD 5.1O0.5.3.2Ofthe 2010 California Green Building Standards Code tOread as
5.106'5.3.2 Other nonresidential buildings: In nonresidential new construction
buildings that are not designated primarily for office use, such as [8i8i| or institutional
1. When 10O[more parking spaces are constructed, 0%Ofthe available parking
spaces on site shall be equipped with Level 2 EVCS;
2. An additional 5% shall be at least Level 1 EV Ready.
Calculations for the required minimum number 0fspaces equipped with Level 3
EVCSand Level 2EVReady spaces shall b8rounded UptOthe nearest whole
DUnOD8[
Exception: Installation of each Direct Current Fast Charger with the capacity to
provide 8tleast 8OkVVoutput may substitute for OLevel 2 EVCSand 5EV
Ready Sp8C8S after 0ininOUDl of L8V8| 2 EVCS and 5 Level 1 EV Ready
spaces are installed.
Anl8Od G8CtOn 5.100.5.3.30fthe 2O10 California G[H8D Building Standards Code i0read as
5.106.5.3'3 Clean Air Vehicle Parking Designation. EVCSqualify 8sdesignated
parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.
The California Department OfTransportation adopts and publishes the
California Manual on UDhbrD Traffic Control Devices (California K4UTC0\
kJprovide uniform standards and specifications for all official traffic
COOtnD| devices in California. Z8n] EDliSSiOD Vehicle Signs and P8Vg[O8Dt
Markings can befound iDthe New Policies & Directives number 13-01.
VVvVvv.dOt.C8.gOv/hq8[8ffOpS/pO|iCV/13-01.pdf.
2. S88 Vehicle Code S8CU0n 22511 for EV charging Sp8C88 Si O8g8 in off-
street parking facilities and for use of EV charging spaces.
3. The Governor's Office OfPlanning and Research published 8Zero-
Emission \/8hideC0Dl[DUDityRe8diO8SSGUid8bOOkVvhiChpPDvid8S
helpful information for local gOVe[DOleOiS. residents and bUSiO88SeS.
VvVVw.Up[C8.gOV/dOCS{ZEV GUidebOOk.pdf.
4. S8CLiOD 11B-812Ofthe 2O1S California Building Code requires that 8
facility providing EVCSfor public and common use also provide one O[
more accessible EVCG@Sspecified iDTable 11B-228.3.2.1.Chapter 11B
applies tOcertain facilities iDC|UdiDg' but not limited to, pUh|iC
3CCODl[OOd@U0D8 and publicly funded housing (S88 section 1.0 Of Part 2
Ofthe California Building COU8).Section 11B-012requires that "Parking
spaces, access aisles and vehicular routes serving them shall provide G
vertical clearance Of&8inches (248QrDDl)OliDi[DUDl."|ialso requires that
parking spaces and access aisles meet maximum slope requirements Of
1 unit vertical in 48 units hO[izODt8| /2.083 percent slope) in any direction
8tthe time Dfnew building construction O[renovation. Section 11B-812.5
contains accessible route requirements.
5. It is 0nCOU[8g8d that shared p8[kiDg. EVReady are dHSigO8i8d as "EV
preferred."
Delete Table 5.106.5.3.3 of the 2019 California Green Building Standards Code in its entirety.
AOlBDd 89CtOD 5.10O.5.34Ofthe 2019 California Green Building 8L8Od8ndS Code to [83d 88
5~106.5.3'4 [#] Identification. The raceway termination location shall b8permanently
and visibly marked as "EV-Ready".
D8|8t8 Section 5.1O8.5.3.5Ofthe 2010 California Green Building Standards Code iD its entirety.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF CUPERTINO
1, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 19-2193, which
was enacted on January 21, 2020, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of Ja-nuar-y 2020.
KIRSTEN SQUARCIA) City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California