Ordinance No. 14-2117 Adopting the provisions of the California Green Building Standards Code with certain amendments to those provisions ORDINANCE; NO. 14-2117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.58 OF TITLE 160F THE CUPERTINO MUNICIPAL CODE
AND ADOPTING THE 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE
WITH CERTAIN MODIFICATIONS RELATING TO PLUG IN ELECTRIC VEHICLE
CHARGING SYSTEMS AND AMENDING CHAPTER 1.08 OF TITLE 1 OF THE
CUPERTINO MUNICIPAL CODE REGARDING THE RIGHT OF ENTRY
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the
California Health and Safety Code, the City of Cupertino may adopt the provisions of
the California Green Building Standards Code, with certain amendments to those
provisions which are reasonably necessary to protect the health, welfare and safety of
the citizens of Cupertino because of the local climatic, geological, and topographical
conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in
respective sections of Chapter 16 of the Cupertino Municipal Code and additional
findings on November 4, 2013, relating to thE! amendments to the California codes; and
WHEREAS, the factual findings madE' then continue to be valid and relate to the
amendments made to the California codes in this adoption, and are incorporated
herein; and
I
WHEREAS, the City Council makes the following additional factual findings
with respect to the local geological, topographical, and climate conditions including, but
not limited to, the following:
1. The Cities Association of Santa Clara County and the City of Cupertino support
policies and programs that reduce regional pollutants, greenhouse gases, and
support sustainability objectives; and
2. Emissions from conventional gasoline powered vehicles are a major source of
pollutants and greenhouse gases in Santa Clara County; and
3. Plug-in electric vehicles derive some or all of their energy form the electrical grid;
and
4. Per State requirements, California's electrical grid is required to derive 33% of all
energy from renewable resources by 2020.; and
5. The use of plug-in electric vehicles substantially reduces emissions and pollutants in
comparison with conventional gasoline powered vehicles; and
Ordinance No. 14-2117
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6. According to the California Air Resources Board, emissions from plug in electric
vehicles are 75% lower than the average conventional gasoline powered vehicle and
55% lower than the average conventional hybrid vehicle; and
7. Conventional gasoline powered vehicles use energy from petroleum which is a non-
renewable resources; and
8. Plug-in electric vehicles derive some or all of their energy from the electrical grid
that increasingly uses renewable resources, which provides a sustainable energy
resource; and
9. The availability of plug-in electric vehicles is growing. The International Energy
Agency projects that Plug-in Electric Vehicles will account for up to 15% of the
vehicle fleet globally by 2020; and
10. The requirement to install pre-wiring for electric vehicle charging systems in new
buildings decreases costs associated with installing charging systems at a later date;
and
11. By decreasing the cost required to install electric vehicle charging systems, owners
can more easily install charging systems, increasing their visibility and reducing
"range anxiety" for those intending to purchase plug in electric vehicles; and
12. The goals of these amendments are consistent with the City of Cupertino General
Plan, which sets forth goals to minimize the environmental impacts of land
development including increased vehicle emissions; and
13. Nothing in these amendments is intended to duplicate, contradict, or enter a field
which has been fully occupied by, federal or state law or regulation.
WHEREAS, this Ordinance was found to be categorically exempt from
environmental review per the provisions of the California Environmental Quality Act of
1970, as amended, 14 California Code of Regulations, Section 15308; and
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, the City Council has reviewed and considered the statement of
exemption determination under CEQA prior to taking any approval actions on this
Ordinance; and
Ordinance No. 14-2117
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NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 16.58.400 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby added to be numbered, entitled, and to read as follows:
Add and Amend Section A4.106.8 of the 2013 CalGreen Code as follows:
A4.106.8 Electric vehicle (EV) charging. Dwellings shall comply with the following
requirements for the future installation of Electric Vehicle Supply Equipment (EVSE).
A4.106.8.1 New one- and two-family dwellings. Install a dedicated branch circuit
sufficient to provide adequate electrical capacity to serve a Level 2 EVSE. Also,
install a listed raceway or pre-wiring :From the dedicated branch circuit to the
designated electric vehicle parking stall. The raceway shall not be less than trade
size 1 (nominal 1-inch inside diameter). The raceway shall be securely fastened at
the main service or subpanel and shall terminate in close proximity to the proposed
location of the charging system into a listed cabinet, box or enclosure. Raceways are
required to be continuous at enclosed o.r concealed areas and spaces. A raceway
may terminate in an attic or other approved location when it can be demonstrated
that the area is accessible and no removal of materials is necessary to complete the
final installation. Pre-wiring shall include the installation of appropriately sized
conductors and adequate electrical capacity to serve a Level 2 EVSE.
Exception: Other pre-installation methods approved by the local enforcing
agency that provide sufficient conductor sizing and service capacity to install
Level 2 Electric Vehicle Supply Equipment (EVSE).
Note: Utilities and local enforcing agencies may have additional requirements
for metering and EVSE installation, and should be consulted during the project
design and installation.
A4.106.8.1.1 Labeling requirement. A label stating "EV CAPABLE" shall be posted
in a conspicuous place at the service panel or subpanel and next to the raceway or
pre-wiring termination point.
A4.106.8.2 New Multifamily dwellings. At least 5 percent of the total parking spaces,
but not less than one, shall be capable of supporting future electric vehicle supply
equipment (EVSE).
Ordinance No. 14-2117
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A4.106.8.2.1 Single charging space required. When only a single charging space is
required, install a dedicated branch circuit sufficient to provide adequate electrical
capacity to serve a Level 2 EVSE. Also, install a listed raceway or pre-wiring from
the dedicated branch circuit to the designated electric vehicle parking stall. The
raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The
raceway shall be securely fastened at the main service or subpanel and shall
terminate in close proximity to the proposed location of the charging system into a
listed cabinet, box or enclosure. Pre-wiring shall include the installation of
appropriately sized conductors and adequate electrical capacity to serve a Level 2
EVSE.
Exception: Other pre-installation methods approved by the local enforcing
agency that provide sufficient conductor sizing and service capacity to install
Level 2 Electric Vehicle Supply Equipment (EVSE).
A4.106.8.2.2 Multiple charging spaces required. When multiple charging spaces
are required, install a dedicated branch circuit sufficient to provide adequate
electrical capacity to serve a Level 2 EVSE. Also, install a listed raceway or pre-
wiring from the dedicated branch circuit to all designated EVSE spaces. Plans shall
be provided to include the location(s) and type of the EVSE, raceway method(s),
wiring schematics and electrical calculations to verify that the electrical system has
sufficient capacity to simultaneously charge all the electrical vehicles (EV) at all
designated EV charging spaces at their full rated amperage. Plan design shall be
based upon Level 2 EVSE at its maximum operating ampacity. Only underground
raceways and related underground equipment are required to be installed at the
time of construction. Pre-wiring shall include the installation of appropriately sized
conductors and adequate electrical capacity to serve a Level 2 EVSE.
Note: Utilities and local enforcing agencies may have additional requirements
for metering and EVSE installation, and should be consulted during the project
design and installation.
A4.106.8.2.3 Labeling requirement. A label stating "EV CAPABLE" shall be posted
in a conspicuous place at the service panel or subpanel and next to the dedicated EV
charging spaces.
A.4.106.8.3 Alternative Means for Electric Vehicle (EV) Charging for Residential
buildings. The provisions of Section A4.106.8.1 and A4.106.8.2 are not intended to
prevent the use of any alternative means of achieving the standards for electric vehicle
charging, provided that any such alternative is approved by the Building Official based
Ordinance No. 14-2117
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on findings that the proposed alternative is satisfactory and complies with the intent of
the provisions and is at least as equivalent as the prescribed requirements.
SECTION 2. Section 16.58.420 of Chapter 16.58 of Title 16 of the Cupertino Municipal
Code is hereby added to be numbered, entitled, and to read as follows:
Add and Amend Section A5.106.5.3 of the 2013 CalGreen Code as follows:
A.5.106.5.3 New non-residential buildings. At least 10 percent of the total parking
spaces, but not less than one, shall be capable of supporting installation of future
electric vehicle supply equipment (EVSE).
A5.106.5.3.1 Single charging space requirements. When only a single charging
space is required, install a dedicated branch circuit sufficient to provide adequate
electrical capacity to serve a Level 2 EVSE. Also, install a listed raceway or pre-
wiring from the dedicated branch circuit: to the designated electric vehicle parking
stall. The raceway shall not be less than trade size 1 (nominal 1-inch inside
diameter). The raceway shall be securely fastened at the main service or subpanel
and shall terminate in close proximity to the proposed location of the charging
system into a listed cabinet, box or enclosure. Pre-wiring shall include the
installation of appropriately sized conductors and adequate electrical capacity to
serve a Level 2 EVSE.
Exception: Other pre-installation methods approved by the local enforcing
agency that provide sufficient conductor sizing and service capacity to install
Level 2 Electric Vehicle Supply Equipment (EVSE).
A5.106.5.3.2 Multiple charging spaces required. When multiple charging spaces
are required, plans shall include the location(s) and type of the EVSE, raceway
method(s), wiring schematics and electrical calculations to verify that the electrical
system has sufficient capacity to simultaneously charge all the electrical vehicles
(EV) at all designated EV charging spaces at their full rated amperage. Plan design
shall be based upon Level 2 EVSE at its maximum operating ampacity. Provide
raceways from the electrical service panel to the designated parking areas which are
required to be installed at the time of construction. Pre-wiring shall include the
installation of appropriately sized conductors and adequate electrical capacity to
serve a Level 2 EVSE.
Ordinance No. 14-2117
Page 6
Note: Utilities and local enforcing agencies may have additional requirements
for metering and EVSE installation, and should be consulted during the project
design and installation.
A5.106.5.3.3 Tier 1. Not adopted.
A5.106.5.3.4 Tier 2. Not adopted.
A5.106.5.3.5 Labeling requirement. A label stating "EV CAPABLE" shall be posted
in a conspicuous place at the service panel or subpanel and next to the dedicated EV
charging spaces.
A.5.106.5.4 Alternative Means for Electric Vehicle (EV) Charging for Non-residential
buildings. The provisions of Section A.5.106.5.3 are not intended to prevent the use of
any alternative means of achieving the standards for electric vehicle charging, provided
that any such alternative is approved by the Building Official based on findings that the
proposed alternative is satisfactory and complies with the intent of the provisions and is
at least as equivalent as the prescribed requirements.
SECTION 3. Section 1.08.010 of Chapter 1.08 of Title 1 of the Cupertino Municipal
Code is hereby amended to read as follows:
1.08.010 Inspection Warrant Required.
Whenever necessary to make an inspection to enforce any ordinance or resolution or
whenever there is reasonable cause to believe there exists an ordinance or resolution
violation in any building or upon any premises within the jurisdiction of the city, any
authorized official of the city may, upon presentation of a valid inspection warrant and
proper credentials, enter the building or premises at, all reasonable times to inspect the
building or premises or to perform any duty imposed by ordinance.
SECTION 4. Section 1.08.020 of Chapter 1.08 of Title 1 of the Cupertino Municipal
Code is hereby amended to read as follows:
1.08.020 Exceptions.
The city is not required to obtain an inspection warrant to search or to seize property in
the following circumstances:
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A. Where the city has obtained consent of the owner or occupant of the property in the
manner provided in Section 1.08.030;
B. Where the property exists within an open field, on public streets, parking lots or
other open places;
C. In an emergency; and/or
D. Where the seizure of the property is authorized pursuant to the police power of the
State of California and does not involve an invasion of privacy.
SECTION 5. Section 1.08.030 of Chapter 1.08 of Title 1 of the Cupertino Municipal
Code is hereby amended to read as follows:
1.08.030 Consent to Inspect.
Prior to obtaining consent to an inspection of property, the owner or occupant of the
property shall be informed that they have thE, right to refuse entry and that, if the entry
is refused, inspection may be made only pursuant to a valid inspection warrant.
SECTION 6. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
INTRODUCED at a regular adjourned meeting of the Cupertino City Council
the 4th day of March, 2014 and ENACTED at a special meeting of the Cupertino City
Council on this 18th of March, 2014 by the following vote:
AYES: Chang, Mahoney, Santoro, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
GAL Q� ,I —
Grace Schmidt, Gilbert Wong,
City Clerk Mayor, City of Cupertino �-
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, 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. 14-2117, which was
enacted on March 18, 2014, 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 3rd day of April, 2014.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate