CC Ordinance No. 24-2265 Repealing Municipal Code Chapter 16.32 Local Sustainability Requirements for Newly Construction Buildings, and Adopting Local Amendments to CaORDINANCE NO. 24 –2265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY
REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING
LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE
The City Council of the City of Cupertino finds that:
1. On November 1, 2022, the Cupertino City Council adopted Ordinance No. 22-
2245, including Municipal Code Chapter 16.32: Local Sustainability
Requirements for Newly Constructed Buildings, which, subject to certain
exemptions, required all-electric construction in newly constructed buildings.
2. On January 2, 2024, following denial of en banc review, a panel of the U.S. Court
of Appeals for the Ninth Circuit issued an amended opinion in California
Restaurant Association v. City of Berkeley (2024) 89 F.4th 1094, holding that
restrictions on new natural gas infrastructure enacted by the City of Berkeley in
2019 were preempted by Subchapter IIII of the federal Energy Policy and
Conservation Act, 42 U.S.C. § 6291 et seq.
3. Notwithstanding the court’s ruling in California Restaurant Association v. City of
Berkeley, the Cupertino City Council reaffirms the policy stated in the City’s
Climate Action Plan 2.0, which states the City’s goal to “[r]equire new residential
and commercial development to be all-electric at time of construction.” (CAP
2.0, Table ES-2, Policy BE-4.) The City Council wishes to amend the Municipal
Code to advance the policy commitments stated in the Climate Action Plan,
while maintaining consistency with federal law as interpreted by a Ninth Circuit
Court of Appeals panel in California Restaurant Association v. City of Berkeley.
4. To that end, the City Council wishes to adopt local amendments to the California
Building Energy Efficiency Standards, 2022 Edition, Title 24, Part 6 of the
California Code of Regulations (“Energy Code”).
5. The Energy Code, a part of the California Building Standards Code, implements
minimum energy efficiency standards in buildings through mandatory
requirements, prescriptive standards, and performances standards.
Ordinance No. 24-2265
Page 2
6. California Health and Safety Code section 17958 requires that local jurisdictions
adopt building standards that are substantially the same as those adopted by the
California Building Standards Commission and contained in the California
Building Standards Code, subject to the ability to adopt local building standard
amendments as described below.
7. California Health and Safety Code sections 17958.5, 17958.7, and 18941.5 provide
that jurisdictions may make changes or modifications to the building standards
contained in the California Building Standards based upon express findings that
such changes or modifications are reasonably necessary because of local climatic,
geological, or topographical conditions.
8. The Cupertino City Council finds that each of the amendments, additions, and
deletions to the California Energy Code contained in this ordinance are
reasonably necessary because of the local climatic, geological, or topographical
conditions described in Section 1 of the Ordinance.
9. The Energy Code provides that local governmental agencies may adopt and
enforce energy standards for newly constructed buildings and additions,
alterations, and repairs to existing buildings provided the following two
requirements are met prior to any enforcement of the standards: (1) “[a]
determination that the standards are cost effective is adopted by the local agency
at a public meeting and subsequently filed with the Energy Commission; and (2)
the Energy Commission finds that the standards will require buildings to be
designed to consume less energy than permitted by Title 24, Part 6.” (24 Cal.
Code Regs., Title 6, § 10-106.)
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Findings.
a) Local Conditions. The City of Cupertino is located in Climate Zone 4 as
established in the 2022 California Energy Code. Climate Zone 4 is inland of the coast but
has some ocean influence which keeps temperatures from hitting more extreme highs
and lows. The zone covers many microclimates from northern to southern parts of the
state. The City experiences an annual average precipitation of approximately 26 inches
per year. Ninety-five percent of precipitation falls during the months of November
through April, leaving a dry period of approximately six months each year. Relative
humidity remains moderate most of the time. The climate in Cupertino is characterized
Ordinance No. 24-2265
Page 3
by warm summer temperatures (average highs above 80 degrees Fahrenheit) and
moderate winters (average highs of approximately 60 degrees Fahrenheit). Prevailing
winds in the area come from the west. In August 2022, the City Council adopted the
City’s “Climate Action Plan 2.0,” which, in addition to setting goals of reducing
community-wide emissions by 50% below 2010 levels by 2030 and achieving
community-wide carbon neutrality no later than 2040, includes a description of the
impacts of anthropogenic climate change on the City of Cupertino. As documented in
the City’s Climate Action Plan 2.0, the continued emissions of greenhouse gases into the
atmosphere subjects Cupertino to (1) adverse air quality impacts, exacerbated by local
features such as a major highways; (2) extreme heat; (3) flooding from severe storms,
particularly in the areas around Stevens Creek and Calabazas Creek; (4) wildfires and
smoke, owing to the City’s proximity to the Santa Cruz Mountains and the urban-
wildland interface; (5) drought; and (6) sea level rise. The Climate Action Plan includes
policies and regulations to increase the energy efficiency of newly constructed buildings
because the City is vulnerable to the increase in global temperatures caused by the
emission of greenhouse gases to the atmosphere. Local climatic geologic, and
topographic conditions along with the greenhouse emissions generated from residential
and nonresidential structures require exceeding the energy standards for building
construction established in the 2022 California Buildings Standards Code. The local
Energy Code Amendments adopted in this Ordinance will ensure that new buildings
reduce their consumption of energy and avoid exacerbating the hazards posed by local
climatic, geological, and topographical conditions.
b) Cost Effectiveness and Energy Efficiency. The Cupertino City Council finds, based
on evidence presented before the City Council and the recitals set forth above, which
are incorporated by reference herein, that the local amendments to the Energy Code
contained in this Ordinance are cost effective and will require buildings to be designed
to consume less energy than permitted by the Energy Code.
SECTION 2: Repeal and Adoption.
a) The Cupertino City Council hereby repeals Chapter 16.32 of the Cupertino
Municipal Code (Local Sustainability Requirements for Newly Constructed Buildings)
in its entirety
b) The Cupertino City Council hereby amends Chapter 16.54 of the Municipal Code
Energy Code), as set forth in Attachment A, to adopt local amendments to the
California Building Energy Efficiency Standards, 2022 Edition, Title 24, Part 6 of the
California Code of Regulations.
Ordinance No. 24-2265
Page 4
SECTION 3: 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 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance 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
September 17, 2024 and ENACTED at a regular meeting of the Cupertino City Council
on October 1, 2024 by the following vote:
Members of the City Council
AYES: Mohan, Fruen, Chao, Moore
NOES: None
ABSENT: Wei
ABSTAIN: None
Ordinance No. 24-2265
Page 5
SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Oct 3, 2024
10/10/2024
10/10/2024
Attachment A – Energy Code; Local Energy Code Amendments
CHAPTER 16.54: ENERGY CODE
Section 16.54.010. Adoption of 2022 California Energy Code.
A. The provisions of the 2022 California Energy Code 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 are by such reference adopted.
B. One (1) copy of the code therefor 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.
Section 16.54.020. Local Energy Code Amendments.
A. Amendments to Subchapter 1 (All Occupancies—General Provisions)
Amend Section 100.1(b) of the 2022 California Energy Code to add the following definitions:
ELECTRIC HEATING APPLIANCE is a device that produces heat energy to create a
warm environment by the application of electric power to resistance elements,
refrigerant compressors, or dissimilar material junctions, as defined in the California
Mechanical Code.
KITCHEN, INSTITUTIONAL COMMERCIAL is a kitchen dedicated to a foodservice
establishment that provides meals at institutions including schools, colleges and
universities, hospitals, correctional facilities, private cafeterias, nursing homes, and
other buildings or structures in which care or supervision is provided to occupants.
KITCHEN, QUICK-SERVICE COMMERCIAL is a kitchen dedicated to an
establishment primarily engaged in providing fast food, fast casual, or limited services.
Food and drink may be consumed on premises, taken out, or delivered to the
customer’s location.
NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver
and grille slats in a vent through which air can pass. The narrowest distance between
two slats, perpendicular to the surface of both slats is the air gap height. The narrowest
width of the gap is the air gap width. The NFA is the air gap height multiplied by the
air gap width multiplied by the total number of air gaps between slats in the vent.
B. Amendments to Subchapter 3 (Nonresidential, Hotel/Motel Occupancies, and
Covered Processes—Mandatory Requirements)
Amend Section 120.2 of the 2022 California Energy Code to read as follows:
Page 1
Energy Code Local Amendments – Page 2
SECTION 120.2
REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS
a) – (k): Subsections 120.2(a) – (k) are adopted without modification.
l) HVAC Hot Water Temperature. Zones that use hot water for space heating shall be
designed for a hot water supply temperature of no greater than 130 °F.
Amend Section 120.6 of the 2022 California Energy Code to read as follows:
SECTION 120.6
REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS
a) – (j): Subsections 120.6(a) – (j) are adopted without modification.
k) Mandatory requirements for commercial kitchens. Electric Readiness for Newly
Constructed Commercial Kitchens shall meet the following requirements:
1. Each quick-service commercial kitchens and institutional commercial
kitchens shall include a dedicated branch circuit wiring and outlet that would
be accessible to cookline appliances and shall meet all of the following
requirements:
a. The branch circuit conductors shall be rated at 50 amps minimum.
b. The electrical service shall have a minimum capacity of 800 connected
amps.
2. The electrical service panel shall be sized to accommodate an additional
either 208v or 240v 50-amp breaker.
EXCEPTION 1 to Section 120.6(k): healthcare facilities.
EXCEPTION 2 to Section 120.6(k): all-electric commercial kitchens.
C. Amendments to Subchapter 4 (Nonresidential and Hotel/Motel Occupancies—
Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power
Distribution Systems)
Amend Section 130.0 of the 2022 California Energy Code to read as follows:
SECTION 130.0
LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL POWER
DISTRIBUTIONS SYSTEMS—GENERAL
a) The design and installation of all lighting systems and equipment in nonresidential
and hotel/motel buildings, outdoor lighting, and electrical power distribution systems
Energy Code Local Amendments – Page 3
within the scope of Section 100.0(a), shall comply with the applicable provisions of
Sections 130.0 through 130.5130.6.
NOTE: The requirements of Sections 130.0 through 130.5130.6 apply to newly
constructed buildings. Section 141.0 specifies which requirements of Sections 130.0
through 130.5130.6 also apply to additions and alterations to existing buildings.
b) – (c): Subsections 130.0(b) – (c) are adopted without modification.
Amend Subchapter 4 of the 2022 California Energy Code to add Section 130.6 to be numbered,
entitled, and to read as follows:
SECTION 130.6
ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING GAS OR
PROPANE
Where nonresidential systems using gas or propane are installed, the construction
drawings shall indicate electrical infrastructure and physical space accommodating the
future installation of an electric heating appliance in the following ways, as certified by
a registered design professional or licensed electrical contractor.
a) Branch circuit wiring, electrically isolated and designed to serve all electric heating
appliances in accordance with manufacturer requirements and the California Electrical
Code, including the appropriate voltage, phase, minimum amperage, and an electrical
receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
b) Labeling of both ends of the unused conductors or conduit shall be with “For Future
Electrical Appliance”; and
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately
labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end
of the panel supply conductor connection; and
d) Connected subpanels, panelboards, switchboards, busbars, and transformers shall
be sized to serve the future electric heating appliances. The electrical capacity
requirements shall be adjusted for demand factors in accordance with the California
Electric Code; and
e) Physical space for future electric heating appliances, including equipment footprint,
and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s),
shall be depicted on the construction drawings. The footprint necessary for future
electric heating appliances may overlap with non-structural partitions and with the
location of currently designed combustion equipment.
Energy Code Local Amendments – Page 4
D. Amendments to Subchapter 5 (Nonresidential and Hotel/Motel Occupancies—
Performance and Prescriptive Approaches for Achieving Energy Efficiency)
Amend Section 140.0 of the 2022 California Energy Code to read as follows:
SECTION 140.0
PERFORMANCE AND PERSCRIPTIVE COMPLIANCE APPROACHES
Nonresidential and hotel/motel buildings shall comply with all of the following:
a) The requirements of Sections 100.0 through 110.12 applicable to the building project
mandatory measures for all buildings).
b) The requirements of Sections 120.0 through 130.56 (mandatory measures for
nonresidential and high-rise residential and hotel/motel buildings).
c) Either the performance compliance approach (energy budgets) specified in Section
140.1 or the prescriptive compliance approach specified in Section 140.2 for the Climate
Zone in which the building will be located. Climate zones are shown in FIGURE 100.1-
A.
NOTE to Section 140.0(c): The Commission periodically updates, publishes and makes
available to interested persons and local enforcement agencies precise descriptions of
the Climate Zones, which is available by zip code boundaries depicted in the Reference
Joint Appendices along with a list of the communities in each zone.
NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to
newly constructed buildings. Section 141.0 specifies which requirements of Section
140.1 through 140.10 also apply to additions or alterations to existing buildings.
Amend Section 140.1 of the 2022 California Energy Code to read as follows:
SECTION 140.1
PERFORMANCE APPROACH: ENERGY BUDGETS
A building complies with the performance approach if provided that (1) the time-
dependent valuation (TDV) energy budget calculated for the Proposed Design Building
under Subsection (b) is no greater than the TDV energy budget calculated for the
Standard Design Building under Subsection (a), and (2) the source energy budget
calculated for the proposed design building under Subsection (b) has a source energy
compliance margin, relative to the energy budget calculated for the standard design
building under Subsection (a), of at least 10 percent for all nonresidential occupancies.
Energy Code Local Amendments – Page 5
EXCEPTION 1 to 140.1 item (2). A source energy compliance margin of 0 percent or
greater is required when nonresidential occupancies are designed with single zone
space-conditioning systems complying with Section 140.4(a)2.
a) – (c) Subsections 140.1 (a) – (c) are adopted without modification.
E. Amendments to Subchapter 7 (Single-Family Residential Buildings—
Mandatory Features and Devices)
Amend Section 150.0 of the 2022 California Energy Code to read as follows:
SECTION 150.0
MANDATORY DEVICES AND FEATURES
Single-family residential buildings shall comply with the applicable requirements of
Sections 150(a) through 150.0(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed
buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a)
through 150.0(r) also apply to additions or alterations. The amendments to section 150.0(t)
do not apply to additions or alterations.
a) – (s): Subsections 150.0(a) – (s) are adopted without modification.
t) Heat pump space heater ready. Systems using gas or propane furnace to serve
individual dwelling units shall include the following:
1. A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from
the furnace and accessible to the furnace with no obstructions. The branch circuit
conductors shall be rated at 30 amps minimum. The blank cover shall be identified
as “240V ready.” All electrical components shall be installed in accordance with
the California Electrical Code.
2. The main electrical service panel shall have a reserved space to allow for the
installation of a double pole circuit breaker for a future heat pump space heater
installation. The reserved space shall be permanently marked as “For Future 240V
use.”
3. A designated exterior location for a future heat pump compressor unit with
either a drain or natural drainage for condensate.
u) – (v): Subsections 150.0(u) – (v) are adopted without modification.
F. Amendments to Subchapter 8 (Performance and Prescriptive Compliance for
Single-Family Residential Buildings)
Amend Section 150.1 of the 2022 California Energy Code to read as follows:
Energy Code Local Amendments – Page 6
SECTION 150.1
PERFORMANCE AND PERSCRIPTIVE COMPLIANCE APPROACHES FOR
SINGLE-FAMILY RESIDENTIAL BUILDINGS
a) : Subsection 150.1(a) is adopted without modification
b) Performance Standards. A building complies with the performance standards if the
energy consumption calculated for the proposed design building is no greater than the
energy budget calculated for the standard design building using Commission-certified
compliance software as specified by the Alternative Calculation Methods Approval
Manual, as specified in sub-sections 1, 2 and 3 below.
1. Newly Constructed Buildings. The Energy Budget for newly constructed
buildings is expressed in terms of the Energy Design Ratings, which are based on
source energy and time-dependent valuation (TDV) energy. The Energy Design
Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2)
is based on TDV energy and has two components, the Energy Efficiency Design
Rating, and the Solar Electric Generation and Demand Flexibility Design Rating.
The total Energy Design Rating shall account for both the Energy Efficiency
Design Rating and the Solar Electric Generation and Demand Flexibility Design
Rating. The proposed building shall separately comply with the Source Energy
Design Rating, Energy Efficiency Design Rating and the Total Energy Design
Rating. A building complies with the performance approach if the TDV energy
budget calculated for the proposed design building is no greater than the TDV
energy budget calculated for the Standard Design Building AND Source Energy
compliance margin of at least nine, relative to the Source Energy Design Rating 1
calculated for the Standard Design building.
EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric
generation system, or other renewable electric generation system, and/or
community shared battery storage system, which provides dedicated power,
utility energy reduction credits, or payments for energy bill reductions, to the
permitted building and is approved by the Energy Commission as specified in
Title 24, Part 1, Section 10-115, may offset part or all of the solar electric
generation system Energy Design Rating required to comply with the Standards,
as calculated according to methods established by the Commission in the
Residential ACM Reference Manual.
EXCEPTION 2 to Section 150.1(b)1. A newly constructed building with a
conditioned floor area less than 1,500 square feet shall achieve a Source Energy
compliance margin of four or greater, relative to the Source Energy Design
Rating 1 calculated for the Standard Design building.
Energy Code Local Amendments – Page 7
EXCEPTION 3 to Section 150.1(b)1. If a newly constructed building with a
conditioned floor area less than 625 square feet demonstrates that due to
conditions specific to the project it is technically infeasible to achieve compliance,
the Building Official may reduce the compliance margin to between 0 and 4.
b)(2) – (3): Subsections 150.1(b)2 and (b)3 are adopted without modification.
c): Subsection 150.1(c) is adopted without modification
G. Amendments to Subchapter 10 (Multifamily Buildings—Mandatory
Requirements)
Amend Section 160.4 of the 2022 California Energy Code to read as follows:
SECTION 160.4
MANDATORY REQUIREMENTS FOR WATER-HEATING SYSTEMS
a)Reserved. Systems using gas or propane water heaters to serve individual dwelling
units shall include the following components:
1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the
electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit,
within 3 feet from the water heater and accessible to the water heater with no
obstructions. In addition, all of the following:
A. Both ends of the unused conductor shall be labeled with the word “spare”
and be electrically isolated; and
B. A reserved single pole circuit breaker space in the electrical panel adjacent to
the circuit breaker for the branch circuit in A above and labeled with the words
Future 240V Use”; and
2. A Category III or IV vent, or a Type B vent with straight pipe between the
outside termination and the space where the water heater is installed; and
3. A condensate drain that is no more than 2 inches higher than the base of the
installed water heater, and allows natural draining without pump assistance; and
4. A gas supply line with a capacity of at least 200,000 Btu/hr.
b) – (f): Subsections 160.4(b) – (f) are adopted without modification.
Amend Section 160.9 of the 2022 California Energy Code to read as follows:
SECTION 160.9
MANDATORY REQUIREMENTS FOR ELECTRIC READY BUILDINGS
Energy Code Local Amendments – Page 8
a) – (c): Subsections 160.9(a) – (c) are adopted without modification.
d) Individual Heat Pump Water Heater Ready. Systems using gas or propane
water heaters to serve individual dwelling units shall include the following
components and shall meet the requirements of Section 160.9(f):
1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the
electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to 30
amps, within 3 feet from the water heater and accessible to the water heater with
no obstructions. In addition, all of the following:
A. Both ends of the unused conductor shall be labeled with the word
spare” and be electrically isolated; and
B. A reserved single pole circuit breaker space in the electrical panel
adjacent to the circuit breaker for the branch circuit in A above and labeled
with the words “Future 240V Use”.
2. A condensate drain that is no more than 2 inches higher than the
base of the installed water heater, and allows natural draining without
pump assistance.
3. The construction drawings shall indicate the location of the future
heat pump water heater. The reserved location shall have minimum
interior dimensions of 39”x39”x96”.
4. A ventilation method meeting one of the following:
A. The designed space reserved for the future heat pump water
heater shall have a minimum volume of 700 cubic feet; or
B. The designed space reserved for the future heat pump water
heater shall vent to a communicating space in the same pressure
boundary via permanent openings with a minimum total net
free area of 250 square inches so that the total combined volume
connected via permanent openings is 700 cu. ft. or larger. The
permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer
of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed
flat slat louvers or grilles, one commencing within 12 inches from
the top of the enclosure and one commencing within 12 inches from
the bottom of the enclosure.
Energy Code Local Amendments – Page 9
C. The designed space reserved for the future heat pump water heater
shall include two 8” capped ducts, venting to the building exterior:
i. All ducts, connections and building penetrations shall be sealed.
ii. Exhaust air ducts and all ducts which cross pressure boundaries
shall be insulated to a minimum insulation level of R-6.
iii. Airflow from termination points shall be diverted away from each
other.
e) Central Heat Pump Water Heater Electric Ready. Central water heating systems
using gas or propane to serve multiple dwelling units shall include the following:
1. The system input capacity of the gas or propane water heating system shall be
determined as the sum of the input gas or propane capacity of all water heating
devices associated with each gas or propane water heating system.
2. Space reserved shall include:
A. Heat Pump. The minimum space reserved shall include space for
service clearances and air flow clearances and shall meet one of the
following:
i. If the system input capacity of the gas water heating system is less
than 200,000 BTU per hour, the minimum space reserved for the
heat pump shall be 2.0 square feet per input 10,000 BTU per hour of
the gas or propane water heating system, and the minimum linear
dimension of the space reserved shall be 48 linear inches.
ii. If the system input capacity of the gas water heating system is
greater than or equal to 200,000 BTU per hour, the minimum space
reserved for the heat pump shall be 3.6 square feet per input 10,000
BTU per hour of the gas or propane water heating system, and the
minimum linear dimension of the space reserved shall be 84 linear
inches.
iii. The space reserved shall be the space required for a heat pump
water heater system that meets the total building hot water
demand as calculated and documented by the responsible person
associated with the project.
B. Tanks. The minimum space reserved shall include space for service
clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less
Energy Code Local Amendments – Page 10
than 200,000 BTU per hour, the minimum space reserved for the
storage and temperature maintenance tanks shall be 4.4 square feet
per input 10,000 BTU per hour of the gas or propane water heating
system.
ii. If the system input capacity of the gas water heating system is
greater than or equal to 200,000 BTU per hour, the minimum
physical space reserved for the storage and temperature
maintenance tanks shall be 3.1 square feet per input 10,000 BTU per
hour of the gas or propane water heating system.
iii. The space reserved shall be the space required for a heat pump
water heater system that meets the total building hot water
demand as calculated and documented by the responsible person
associated with the project.
3. Ventilation shall be provided by meeting one of the following:
A. Physical space reserved for the heat pump shall be located outside, or
B. A pathway shall be reserved for future routing of supply and exhaust
air via ductwork from the reserved heat pump location to an appropriate
outdoor location. Penetrations through the building envelope for louvers
and ducts shall be planned and identified for future use. The reserved
pathway and penetrations through the building envelope shall be sized to
meet one of the following:
i. If the system input capacity of the gas water heating system is less
than 200,000 BTU per hour, the minimum air flow rate shall be 70
CFM per input 10,000 BTU per hour of the gas or propane water
heating system and the total external static pressure drop of
ductwork and louvers shall not exceed 0.17 inch when the future
heat pump water heater is installed.
ii. If the system input capacity of the gas water heating system is
greater than or equal to 200,000 BTU per hour, the minimum air
flow rate shall be 420 CFM per input 10,000 BTU per hour of the
gas or propane water heating system and the total external static
pressure drop of ductwork and louvers shall not exceed 0.17 inch
when the future heat pump water heater is installed.
iii. The reserved pathway and penetrations shall be sized to serve a
heat pump water heater system that meets the total building hot
water demand as calculated and documented by the responsible
Energy Code Local Amendments – Page 11
person associated with the project.
4. Condensate drainage piping. An approved receptacle that is sized in
accordance with the California Plumbing Code to receive the condensate
drainage shall be installed within 3 feet of the reserved heat pump location, or
piping shall be installed from within 3 feet of the reserved heat pump location to
an approved discharge location that is sized in accordance with the California
Plumbing Code, and meets one of the following:
A. If the system input capacity of the gas water heating system is less than
200,000 BTU per hour, condensate drainage shall be sized for 0.2 tons of
refrigeration capacity per input 10,000 BTU per hour.
B. If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU per hour, condensate drainage shall be sized
for 0.7 tons of refrigeration capacity per input 10,000 BTU per hour.
C. Condensate drainage shall be sized to serve a heat pump water heater
system that meets the total building hot water demand as calculated and
documented by the responsible person associated with the project.
5. Electrical.
A. Physical space shall be reserved on the bus system of the main
switchboard or on the bus system of a distribution board to serve the
future heat pump water heater system including the heat pump and
temperature maintenance tanks. In addition, the physical space reserved
shall be capable of providing adequate power to the future heat pump
water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall
comply with one of the following:
A. If the system input capacity of the gas water heating system
is less than 200,000 BTU per hour, provide 0.1 kVA per input
10,000 BTU per hour.
B. If the system input capacity of the gas water heating system
is greater than or equal to 200,000 BTU per hour, provide 1.1
kVA per input 10,000 BTU per hour.
C. The physical space reserved supplies sufficient electrical
power required to power a heat pump water heater system
that meets the total building hot water demand as calculated
and documented by the responsible person associated with
Energy Code Local Amendments – Page 12
the project.
ii. Temperature Maintenance Tank. For the Temperature Maintenance
Tank, the physical space reserved shall comply with one of the
following:
A. If the system input capacity of the gas water heating system
is less than 200,000 BTU per hour, provide 1.0 kVA per input
10,000 BTU per hour.
B. If the system input capacity of the gas water heating system
is greater than or equal to 200,000 BTU per hour, provide 0.6
kVA per input 10,000 BTU per hour.
iii. The physical space reserved supplies sufficient electrical
power required to power a heat pump water heater system
that meets the total building hot water demand as calculated
and documented by the responsible person associated with
the project.
f) The building electrical system shall be sized to meet the future electric requirements
of the electric ready equipment specified in sections 160.9 a – e. To meet this
requirement the building main service conduit, the electrical system to the point
specified in each subsection, and any on-site distribution transformers shall have
sufficient capacity to supply full rated amperage at each electric ready appliance in
accordance with the California Electric Code.
H. Amendments to Subchapter 11 (Multifamily Buildings—Performance and
Prescriptive Compliance Approaches)
Amend Section 170.1 of the 2022 California Energy Code to read as follows:
SECTION 170.1
PERFORMANCE APPROACH
A building complies with the performance approach if the TDV energy budget
calculated for the proposed design building under Subsection (b) is no greater than the
TDV energy budget calculated for the standard design building under Subsection (a).
Additionally, (1) the energy budget, expressed in terms of source energy, of a newly
constructed low-rise multifamily building (three habitable stories or less) shall be at
least 9 percent lower than that of the standard design building; and (2) newly
Constructed high-rise multifamily buildings (greater than four habitable stories) shall
be at least 1 percent lower than that of the standard design building.
Energy Code Local Amendments – Page 13
a) – (d): Subsections 170.1(a) – (d) are adopted without modification.
ORDINANCE 24-2265 - Repealing Municipal
Code Chapter 16.32 Local Sustainability
Requirements for Newly Construction Buildings,
and Adopting Local Amendments to California
Energy Code
Final Audit Report 2024-10-03
Created:2024-10-03
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAVo24xPK6X-lzNenq9C1m_EOfNA4GorgW
ORDINANCE 24-2265 - Repealing Municipal Code Chapter 16.
32 Local Sustainability Requirements for Newly Construction Bui
ldings, and Adopting Local Amendments to California Energy Co
de" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-10-03 - 3:31:19 PM GMT- IP address: 71.204.144.228
Document emailed to chrisj@cupertino.org for signature
2024-10-03 - 3:35:12 PM GMT
Email viewed by chrisj@cupertino.org
2024-10-03 - 3:35:45 PM GMT- IP address: 52.202.236.132
Signer chrisj@cupertino.org entered name at signing as Christopher D. Jensen
2024-10-03 - 3:51:46 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (chrisj@cupertino.org)
Signature Date: 2024-10-03 - 3:51:48 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-10-03 - 3:51:48 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, 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.
24-2265 which was enacted on October 1, 2024, 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 10th day of October 2024.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California