CC 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 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
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ATTACHMENT �
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SECTION 1.
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Chapter 10.54 of the Cupertino Municipal Code is hereby repealed iO its entirety and /
P8p|8D8d with the following {|h8Dt8r 10.54bJ be entitled, DUOlbeFed. and to P88d as fOUOVVS: �
Chapbar1G54- �na��� ����� �
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8HCti0O
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10.54.010 Adoption Of the 201Q California Energy Code.
16.54.040 Local Amendments.
10.54.100 8CDp8.
10.54.110 Definition and Rules OfConstruction,
16.54.Q1O Adoption mfthe 2019Ca|ihmrmia Energy Code.
A. The pn}viSiOOG Of the 2019 California Energy COd8, Part 0 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
8 part hereof, the S808 as if fully set forth in this Chapter. Notwithstanding the fO[8gOiDg'
the additions, de|eUODS. and 8Dl8DdRl8DiS hereinafter described Sh3|| not b8CODl8
operative until the California Energy Commission approval process is completed.
8. In 8CCOPd3DCG with California Health and Safety Code Sections 17858.7 and
18941.5' express findings that modifications to the Energy Code are F88SDD8b|y
DeC8SS8[y beC8US8 Of |OC3| C|iDO8UC. geO|OgiC8|' or topographical conditions are
either already on file with the California Building GL8Dd8[dS [|000O0iSSiOO or will be
filed prior to the effective date of the ordinance codified in this Chapter.
b. PU[SV8Dt to California PUb>/C R8SOU[CHS Code S8cUOD 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 OO file with the California Energy Commission O[will befiled prior
to the effective date Of the ordinance codified iD this Chapter.
B. One (1) copy Of the code therefore iSOD file iD the office Of the Building Official pursuant
tO Health and Safety Code Section 18042 and iS made available for public inspection.
16.54.040 Local Amendments.
The following provisions Of this Chapter shall constitute local amendments tD the cross-referenced
p[OviSi0DS Of the 2019 California Energy Code and Sh8|| be d88DlHd to 8OO8Dd the cross-
referenced sections of said code with the respective provisions set forth in this Chapter,
18.54.100 Scope.
Amend88[tiOO 1OO.0(S)/2)/A\ Of the 201Q California Energy Code tO read as follows:
2. Newly constructed buildings.
A. All DeVV|y COOSt[UCtHd buildings. Sections 110.0 through 110.12 apply to all DeVV|y
COOGtFuCt8d buildings within the scope Of Section 100.0/8\. In addition, DeVv|y
constructed buildings shall meet the requirements of Subsections B, C, D, or E, as
applicable and Sh8|/ be8DAll-Electric Building as defined in Section 100.1(b). For
the purposes 0fAll-Electric Building [8qUiFeDleOt8. newly constructed buildings as
defined in GenUUD 100.1 Sh8U not include newly constructed additions and tenant
inlprOv8DleDtS in existing buildings.
Exception 1: NnDF8Sid8Dti8| F' H' and L C}CCup8OCieS, 0r other similar research fk i
development uses 8S determined by the building official, are exempt from the all-
electric building p[OviSiOOS of this section. If this Exception applies, the applicant �
Sh8|| comply with the pre-wiring provision of Note 1 below. �
EXCepbOD 2: '^ESS8Oii8| F3Ci|iiiH3'" as defined by the California Building Code are
8X8nlpt from the 8||-8|eCt[iC building p[OViSiODS of this G8CLiOO. If this EXCepUOD
applies, the applicant 3h8|| comply with the pre-wiring provision of Note 1 below.
EXC8pUOO 3: Non-residential buildings CUDt8iOiDg 8 for-profit restaurant open to the
public or an 80p|Oy88 kitchen may apply to the Building Official for 8 modification
to iDSt8|| g3S-fU8|8d cooking appliances. This request nnUSt be based OO 8
business-related reason to cook with a flame that cannot be reasonably achieved
with an electric fuel SOUrCH. The Building Official may grant this modification if he
O[ she finds the following:
1. There is 8 bUSiD8GS'ne\8i8d FeaSOO to cook with 8 flame; and
2. This need C8Dn8t be P88SOD8b|y achieved with an 8|e{t[iC fuel SOu[C8;
and
3. The applicant has employed r83SOn8b|8 methods to mitigate the
greenhouse gas impacts of the gas-fueled appliance.
If the Building Official grants 8 modification, the applicant shall comply with the pre-
wiring provision of Note 1 b8|0vV.
Exception 4: |f the applicant establishes that there iS not 8D all-electric prescriptive
CODlp|i8nC8 pathway for the building under the Energy Code, and that the building
is not able iO achieve the p8db[08DCe COOlp|i8DCe St8Dd8Fd applicable to the
building under the Energy Code using commercially available t8ChD0|Ogy and an
approved C8|CU|8UOO OlgthOd. then the Building {]ffiCi3! may grant 8 DlOdifiC8UOD.
If the Building Official gn3OtS 8 D0OdifiC8UOD pU[SU8Dt to this EXC8pbOO. the
^ applicant Sh8|| comply with the pre-wiring provision of Note 1 b8|VVV.
EXC8pUOD 5: Attached ACCeSSO[y Ovv8||iDg Units and Junior Accessory [)VVe||ing
Units Gh8|| be exempt from the 8||-8|8Ct[iC building p[OViSi0OS of this S8CtiOD. For
purposes 0f this exception, "Accessory Dwelling Unit" has the same definition as
S8i out in GOV8rDOl8ni Code 88CtiOD 05852.2' and "Junior Accessory DVV8||iDg
Unit" has the S8Dl8 definition as set out in GOv8[ODl8Dt Code S8CLiOO 05852.22.
Note 1: |f natural gas appliances are used under Exception 1. 2. 3' and/or 4, each
D3tU[8| gas 8pp|i8DCG |0C8UOD in such building 0USt be 8|8Ct[iC8||y pre-wired for
future electric appliance installation. Each such natural gas appliance location shall
iOC|Ud8 the following:
i. A dedicated CinCUit. phased 8ppnJph8ie|y. for each appliance. Each
such circuit Sh8|| have 3 DliOiDlUDl amperage requirement for 8
COOlp8c8b|8 8|8CLriC appliance (based OO the Ol8OUt8CtUnS['S
[eCODlDOeDd8tiODS)' an e|8[triC3| [8Cept8C|8 or jUOCtiOO box that is
connected tO the electric panel, conductors Of adequate capacity within
3 feet of the 8pp|i3DC8. Each such circuit Sh8|| be 8CCe3Sib|8 with OO
0bSt[UCUODS;
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ii Both ends Of the unused conductor or conduit shall b8 labeled with the |
words "For Future Electric Appliance" and b8 electrically isolated; |
|ii. A reserved circuit breaker space shall be installed iO the electrical panel �
adjacent tO the circuit breaker for the branch circuit and labeled for each
Ci[CUii. an eX8Dlp|e /S8Sfollows: "For Future B8Ct[iC Range"; and
iv. All electrical CO[UpOn9DtS' including COndUCLOrS, n9C8pt8d8G, junction
b0XeS' or blank COVe[S, related to this S8CtiOO Sh8|| be iDSt8||8d in
accordance with the California Electrical Code.
Note 2: If 8 building is entitled to apply Exception 1' 2, 3, 4, 8Od/O[ 5. the Building
{)MiCi3| is authorized to 8ppn3V8 8|L8rD8tiV8 08te[/8|S, design, and methods of
COOGtrUSfiOO or equipment per California Building Code Section 104.
Amend Section 1OO.O(e)(3)(A) Of the 2O10 California Energy Code tO read 8Sfollows:
5. New Construction in existing buildings (additions, alterations and repairs).
A. Nonresidential, high-rise residential, and hotel/motel buildings. Section 141.0
applies to new C0DSt[UC[iOO in existing OODF8Sid8Dti8|, high-rise n8GideOU8[ and
h0f8|/nlOt9| buildings. New COnSt[UStiOO in existing buildings includes additions,
8|t8F8tiODS and repairs. 88CtiOD 141.0 specifies F8qUiR}Ol8DtS that UDiqU8|y apply to
additions, a|te[8UOOS or repairs to existing buildings, and specify which r8qUir8OO8DtS
in other sections also apply. For alterations that change the occupancy classification
0f the building, the requirements specific in Section 141.O apply tO the occupancy after
8|tHnBtiOnS.
i. NOOP3Sid8Dii8| [8O8Dt irOp[OV8DleDLS are not subject to the 3||-e}eC[riC
building requirement for new construction in S8CiiOO 100.0/e\2A.
16-54-110 Definitions and Rules of Construction.
AnO8Od Section 100.1/b\ Of the 2O19 California Energy Code tOadd the following definition:
ALL-ELECTRIC BUILDING: is 8 building that has OO O8tu[8| 08S or propane p|UDlbiDQ iDSt8||8d
within the building, and that USeS electricity as the SO|S 8OUrCH Of energy for its Sp8CB heating,
vv3t8r heating (including iDdOOF and OUtdOO[ pOO|G and Sp8S), cooking 8pp|i8OC8S' OU<d0O[
kitchens, outdoor fireplaces, and C|Vth8S drying 8pp|i8DC8S. A||-E|8Ct[iC 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 18.58i0 be entitled, DUDlbeFBd, and to [88d as follows:
Chmpter16.58 Green Building Standards Code
Section
18.58.010 Adoption Of the 2O1Q California Green Building Standards Code.
10.58.015 Adoption 0f Appendix Chapters.
16.58.020 Local Amendments.
10.58.030 Title.
10.58.040 Scope.
18.58.100 Mandatory Requirements.
10.58.110 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 �
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16.58150 Major multi-family residential renovations/additions.
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16.58.100 Non-residential new construction, small �
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|.
16'58.01D Adoption ofthe 2019CaYifornia Green Building Standards Code.
A. The provisions 0f the 2O10 California Green Building Standards Code and each and all Of
the P8gu|8UODS' provisions, COOditiODS and te[DlS of the code is [8fe[P8d 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 iD this 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 of the COd8 therefore is OO file in the office of the Building [)UiCi8| pU[SU8Ot
to ||e8Uh and Safety Code 88CtiOD 180428Dd is OO8d8 available for public inspection.
16-58.015 Adoption mf Appendix Chapters.
No Appendix Chapters from the 2019 California Green Building StQDU8ndG Code have been
adopted.
18.58'020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the cross-referenced |
provisions Ofthe 2O1S California Green Building Standards Code, and shall be deemed tOamend �
the Cn]SS-[8f8F8DD8d SeCtiODS of said Code with the [9Gp8Ctiv8 pnOViSiODG set forth in this Chapter. �
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16.58.830Tit|e. �
Amend Section 1O1.1Of the 2018 California Green Building Standards Code iO read 8Sfollows:
101.1 Title. These F8gU|8tiODS Sh8U be knOvvD 8S the California (]F88n Building Si8Dd3PdG Code
as 8Dl8Od8d by the City UfCupertino and may be cited as such and will be referred to herein as
"this code." The California GF88D Building Standards [|Dd8 as 8[D8Oded by the City OfCupertino
iS8D amendment t0 Part 11Of12 parts 0f the official compilation and publication Of the adoption,
amendment and [8pe8| of building regulations to the California Code of Regulations, Title 24' also
referred tO8Gthe California Building 8t8Dd8FdS Code.
10.58.040 Scope.
Amend Section 1O1.3Ofthe 201S California Green Building Standards Code b} read 8Sfollows:
101.3 Scope. The provisions of this code aho|| apply to the planning, design, operation,
CODst[UCtiOO, use and 0CCUp8OCy Of every O8VV|y COOStrUCt8d building or StFUCtUn8' UD|eSS
otherwise indicated in this COd8 for the City VfCupertino.
The California G[S8O Building Standards Code also is hereby amended to apply to 8ddiU0OS'
renovations and tenant improvements Of privately-owned buildings and structures iDaccordance
with the provisions Of this Chapter.
|(iS not the intent that this code substitute O[b8 identified 8Smeeting the certification requirements
of any p[iV3i8' third party green building program.
16'58-100 Mandatory Requirements.
Amend Section 1O1.10Of the 201S California Green Building Standards Code tO read 8Sfollows:
101.10 Mandatory requirements. This code contains mandatory green building noe8Sunaa. In
addition, this Chapter contains P8qUiF9d DliOiOlUrD green building [O88SUn3G as 8OleOd8d by the
City Of Cupertino. All new buildings and St[U[tUr8S. additions, [8DOV8dODS and tHD8Dt
improvements subject tO requirements iOTable 1U1.1O shall comply with the mandatory measures
Of the 2O10 California Green Building Standards Code 8S adopted by the state iO addition tOlocal
8Dl8OdDl8OtS included in this code, P8g8nd|eSS of height OF DUOlbS[ of stories, UO|eSS specifically
exempted by this code.
16'58'110 ProjectTypes.
Add S8CUOO 101.10.1 Of the 2O19 California Green Building Gt8Dd8PdS 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.
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Add Section 101.10.1.1.7 of the 2019 California Green Building Standards Code to read as �
fOUOVVS:
101'18.1.1'7 Non-residential m*movmtione/additione, minor- as set forth in Table �
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101.10. Requirements shall only apply iO the scope Of work Ofr8n0v8UOO/8ddiUOO. �
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18'58.200 Non-residential renonatimns/additions, major.
Add S8CUOD 101.10.1.1.8 of the 2010 California Green Building Standards Code to read as
fOUOvvG: �
101.10'1-1.8 Non-residential renovations/additions, major- as set forth in Table 101.10.
R8qUin8Dl8DtS Sh8U only apply t0 the area OfFeDOv8tiOD/3ddibOD.
16.58'210 Mixed-Use.
Add Section 101.10.1.1.9 of the 2010 California Gn38O Building 8t8Dd8ndS {}Ode to read as
fOUOvvG:
101.10.1'1.9 Mixed-Use - asset forth in Table 101.10.
16.58.220 Table 181.1O—Added-
Add Table 1O1.1OOf the 2O1Q California Green Building Standards Code b] read 8Gfollows:
Requirentent 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
or LEED certification
Single Family and Multi-Family . LEED Silver or as applicable
homes greater than 9 homes: . Alternate Reference Standard per Alternate Reference
Section 101.10.2 Standard: See
Section 101.10.2
CALGreen Building Code "per
Small, less than 25,000 SF: Chapter 5 of the California Green City Review
Building Standards Code
Project Type Minimum Green Building Required
LEED Certified or Third Party LEED
Mid-size, from 25,000 to 50,000 dd Certification Alternate
SF: 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 LEED Certification as
(FAR) — LEED Certified or
35,000 square feet, and that replace or applicable
substantially alter the HVAC system and LEED EBOM Certified or 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/
and replace or substantially alter the
addition)or Certification
HVAC system and two of the • LEED EBOM Certified or Alternate Reference
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 dOCUnO8nt being provided per 102.3 (A)(C). If however, the
project dO8S DOL meet the rHqUin90eOtS of this {|h8p[8[' as applied to the project,
then the City Sh8U retain the full amount Ofthe deposit, and Sh8U use the deposit
solely 0D advance the purposes Of this Chapter. i
d. TimeLimit. Within 1O months Of Final Occupancy- Provide certification document �
for LEEO' GPR Or 8|t8[n8t8 rating standard in 8 form accepted by the City per !
Table 101 10 The Building Official nn8y g[8Oi8 ODH-U080-DlOD[h 8x�8OSiOn
� � . �
�
10'58.268 Exemptions.
Added Section 102.3.1 of the 2018 California BnS8O Building Gt8Od8nJ8 Code to read 8Sfollows:
182.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of
&O0p|i8DCH Fe8SOn8b|y 8ChieV8b|8 for the project, Projects that are exempted from the
F8qUire08OtS Of the California Green Building Standards Code as 8OleDd8d 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 de0ODSt[8t8 that it is not feasible for the project to fUUY 088t the green
building requirements and that the purposes of this chapter will have been achieved to the
[n8XiOlU[n 8X[8Ot pOSSib|8 Sh8|| be exempted only for the Sp8CihC n8UDg system
prerequisite that has been determined to be infeasible.
B. Projects that deDl0OStr8t6 CODlp|i8nc8 with this code but which will COOf|iCt with the
Cupertino General Plan and/or Municipal Code Ordinance, such 8S those requiring historic
preservation as determined by the Director of Community Development; or
C. Projects that d9DlOnSt[8t8 COrnp|i8DC8 with this CDdH but which will COOOi[t with the
California Building Standards Code; Or
D. Projects with 8LypiC8| energy-related d8SiQO FeqUi[8[n8OtS and/or patterns Of use that
03kG CO0p|i8DCg with the th[8ShO|dS of this code infeasible.
16'58'280Definitioms'
Amend Section 202Of the 2O1Q California Green Building Standards Code t0 add O[ amend the
following definitions:
A. "Building Envelope" OOe8DS the S8p3[8UOD between the interior and the exterior
eOviFODDleOtS Of 8 building in O[d8[ to provide SinJ[tUr8| integrity, DlOiStUn3 CODtrO|.
f8nQpe[3iUFe COntrU|' and 8i[ pneSSUr8 control. The principal physical CO[OpODeDtS Of the
building HOv8|Ope include the foundation, roof, walls, and windows.
B. "Decision maker" means the person O[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 3d0iDiStr8b}rS of green building certification SySt8OOS and
used t0 determine whether 8 development project C8O8ChiemeCedUiC8UOD.
D. ''GF88D Point Rated (GPR)' means 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 tvp8pn3pOS8d.
E. "Leadership in Energy and EOViFOOOneDt8| Design /LEEDY' Dl8@OS 8gFBHD building [8UDg
GyStHnl developed by the U.S. G[88D Building {}OUDCi| for residential and nOD-FOGid8Dti@|
projects. P jeCtSC8DUSB8OyOfth88dVpt8dLEE[)Ch8CNiGiSth8tDl0Gt8ppn}p[i8te|y8pp|y
tO the project typ8p[OpOSSd.
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 GUfhCi8Dt
capacity t0 provide 8t least 11O/12O volts and 20 amperes tO the parking space. Raceways |
linking the electrical panel and parking space only need tOb8 installed iD spaces that will b8
iO8CC8SSib|8 in the future, either trenched UOdeFg[OUDd or where penetrations to vV8||S.
floors, O[other partitions would otherwise be required for future installation Of branch 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 Of raceway from the panel tO the 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, G minimum 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
2O8/24O volt, 4O-3Dlp8[8 capacity 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 8 parking space that includes installation
Of electric V8hiC|8 supply equipment (EV8E) with 8 minimum output Of 30 80pSr8S
C0DD8Cted to Level 2 EV Ready Circuit. EVC8 iDSt8||8tiOD may be used to satisfy Level
2EV Ready Circuit requirement.
M. "AutODl8UC Load M8D8geDl8Ot Systems (ALMS)" [D88O3 8 CoOtP3| SySL8Dl which 8||0VVS
DlUUip|8 Level 2 EV chargers 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 iS only allowed for Level 2 EVCS, Level 2 EV
Ready, and Level 1 EV Ready Circuits. ALMS systems must b8 designed LO deliver 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 OD area median income.
18.58.290 Tenant Improvements.
AmendG8[ti0O 303.1.1 of the 2010C8|ifOFOi8 Gn88O Building Standards Code [O [88d as �
fOUOVVS:
303.1.1 Tenant improvements. Except as specified herein, the provisions of this code shall �
apply tD the applicable tenant O[occupant improvements k] 8project.
�
�
�
18.58'300 Compliance with local water-efficient landscape ordinance- Residential.
Add Section 4.304.1.1 Of the 2O10 California Green Building Standards Code 03 read 89follows:
4.384'1'1 Compliance with UmcalvVmtepmffiuient landscape ordinance. Residential projects
must comply with the City OfC|Up8rtiD0'3 Landscape Ordinance, pursuant tO Chapter 14.15Of
the Cupertino Municipal {}OdR.
16-58.310 Compliance with local water-efficient landscape ordinance- Non-Residential.
Add G8[tiOO 5.304.1.1 of the 2019 California Green Building Standards Code to read 8Sfollows:
5-304.1.1 Compliance with local water-efficient landscape ordinance. Non-residential
projects nnUSt C0UOp|y with the City Of CUp8rtiOO'S L8DdSC8p8 C}rdiD8nC9' pUnSU8OL to Chapter
14.15Of the Cupertino Municipal Code.
16-58.400 Electric vehicle (EV) Charging - Residential.
Amend Section 4.1OO.4Of the 201S California Green Building Standards Code tO read 8Gfollows:
4.106'4 Electric vehicle (EV) charging for new construction. New construction shall
CO0p|y with S8CiiODS 4.108.4.1 and 4.108.4.2 to facilitate future iDSL8||8U0D and use Of EV
chargers.
Exceptions:
1 ACC8SSOry [>vVe||iDg Units /AOU\ and Junior Accessory [>vv8||iDg Units /JAOU\ vvithOu[
additional parking facilities.
ADl8Od Section 4.100.4.1 of the 2019 California GnB8D Building Gt8Dd8PdS Code to read as
f0UOVvS:
4'106.4-1 New one- and two-family dxvm|y|ngs and town- houses with attached private
garages. For each dwelling unit, install u Level 2 EV Ready Circuit and Level 1 EV Ready
[}iR}UiL
Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready
Circuit.
Amend Section 4.108.4.1.1 Of the 2010 California Green Building 8k]Od8RjS Code to [88d as
fOUOvVS:
4.106.4.1.1 Identification, e raceway termination location eh8U be permanently and
visibly marked 8S "Level 2 EVcR88d«"
A[D8Od 88C[iOO 4.100.4.2 Of the 2019 California Green Building Standards Code to n38d as
fOUOVvS:
4-100'4.2 New multifamily dwellings. The following requirements apply to all new
DlU|tif8Dli|y dwellings:
,
per dwelling unit with parking shall b8 provided with 8 Level 2EV Ready Circuit.
2. When more than 20 multifamily dwelling units are COOStrUC[ed On 8 building site: i
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 �
2EVR8 d shall rounded k) �h8Og8n�S[VVhO|� DUOlb8r Ready 8 � nOUD � Up . �
b. In addition, each n8Ol8iniOg dVV8UiOg unit with parking Sp8Ce(S) ShGU be provided
with 8t least 3 L8V8| 1 EV Ready Circuit.
Exception: For all DlU|tif8Dli|y /\[h}nd8b|e Housing, 10% Of dwelling units with parking
Sp8C8/S\shall b8 provided with 8i least one Level 2EV Ready Circuit. Calculations for the
required minimum number Of Level 2EV Ready spaces shall b8 rounded UptO the nearest
vVhO|e OUOlb8[ The FHnn8iOiDg dwelling units with parking Sp8CH/S\ Sh8|| each be
provided with 8L least G Level 1 EV Ready Circuit.
Notes:
1. ALMS may be iOSt8U8d to d8C[e8S8 8|8CfhC8| service and transformer costs 8SSO[i8t8d
with EV Charging Equipment SUhi8Ct to F8Vi8Vv of the authority having jurisdiction.
2. |DSt8||3UOD Of Level 2 EV Ready Circuits 8bOV8 the DliOiOOU[D DU0be[ required level may
offset the minimum number Level 1 EV Ready 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 Of utility 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. |f costs are found tO exceed 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 11A and/or 11B, itiS recommended 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 8t8Od8[d3 {|0d8 to [R8d 88
h]UOVvS:
4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. Applicants aheU size
EV spaces ae specified by the Building Official.
Delete Section 4.10O4.2.3Of the 2O19California Green Building Standards Code in its entirety.
Delete Section 4.100.4.2.40fthe 2019 California Gn99D Building 8t8Od8ndS Code in its entirety
Delete Section 4.1O0.4.2.5Of the 2O19 California Green Building SL@Dd8[dS Code in its entirety.
16.58'420 Electric vehicle (EV) charging — yJom-Reoidgntia|'
Amend Section 5.100.5.3 of the 2010 California GF88O Building 8f8Dd8ndG [|Od8 to [88d as
foU0VVS:
5.106.5'3 Electric vehicle (EV) charging. New construction 8hoU comply with Section
5.106.5.3.1 Or Section 5.1OO.5.3.2tO facilitate future iOSt8U8tiUD and use OfEVchargers.
Exception:
1. Where there iGDO commercial power supply.
2. Nonresidential tenant improvements.
Amend Section 5.1OO.5.3.1Of the 2O10 California Green Building Standards Code tO read oS
fUUOVVS:
5'106'5.3.1 Office buildings: In nonresidential new construction buildings designated
primarily for office use with parking:
1. When 1OO[ more parking spaces are constructed, 2096Of the available parking
spaces OD site shall b8 equipped with Level 2EVC8;
2. An additional 10% Sh8U be provided with at least Level 1 EV Ready Circuits; and
3. AO additional 3O% shall b83i least EVCapable.
Calculations for the required minimum number of spaces equipped with Level 2 EVCS,
Level EV Ready spaces and EV Capable spaces shall all bu rounded uptothe
nearest whole number
Construction plans and specifications shall demonstrate that all raceways shall b88
minimum Of1" and sufficient for installation OfEVC88i all required Level 1EVReady
and EV Capable spaces; Electrical calculations shall substantiate the design Ofthe
e|eCt[iC8| system tO include the rating Of equipment and any on-site distribution
transformers, and have sufficient capacity tO simultaneously charge EVG8t 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 b8 installed hD increase the number OfEV chargers Orthe
amperage Or voltage beyond the minimum requirements iD this code. The
option does not allow for installing less electrical panel capacity than would
b8 required without ALMS.
Amend Section 5.1O0.5.3.2Of the 2O10 California Green Building Standards Code tO read 8S
fOUOVVS:
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
uses:
1. When 10O[ more parking spaces are constructed, 0% Of the available parking
spaces OD site shall be equipped with Level 2EVCS;
2. An additional 5% shall b88[ least Level 1 EVRe8dy. �
Calculations for the required minimum number 0f spaces equipped with Level 3 �
�
EVCS and Level 2EV Ready spaces shall b8 rounded UptO the nearest whole /
DUnOD8[
Exception: Installation of each Direct Current Fast Charger with the capacity to
provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV
Ready spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready
spaces are installed.
Amend Section 5.106.5.3.3 of the 2019 California Green Building Standards Code to read as
follows:
5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated
parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.
Notes:
1. The California Department of Transportation adopts and publishes the
California Manual on Uniform Traffic Control Devices (California MUTCD)
to provide uniform standards and specifications for all official traffic
control devices in California. Zero Emission Vehicle Signs and Pavement
Markings can be found in the New Policies & Directives number 13-01.
www.dot.ca.gov/hq/traffops/policy/l 3-01.pdf.
2. See Vehicle Code Section 22511 for EV charging spaces signage in off-
street parking facilities and for use of EV charging spaces.
3. The Governor's Office of Planning and Research published a Zero-
Emission Vehicle Community Readiness Guidebook which provides
helpful information for local governments, residents and businesses.
www.opr.ca.gov/docs/ZEV Guidebook.pdf.
4. Section 11 B-812 of the 2019 California Building Code requires that a
facility providing EVCS for public and common use also provide one or
more accessible EVCS as specified in Table 11 B-228.3.2.1. Chapter 11 B
applies to certain facilities including, but not limited to, public
accommodations and publicly funded housing (see section 1.9 of Part 2
of the California Building Code). Section 11 B-812 requires that"Parking
spaces, access aisles and vehicular routes serving them shall provide a
vertical clearance of 98 inches (2489 mm) minimum." It also requires that
parking spaces and access aisles meet maximum slope requirements of
1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction
at the time of new building construction or renovation. Section 11 B-812.5
contains accessible route requirements.
5. It is encouraged that shared parking, EV Ready are designated as "EV
preferred."
Delete Table 5.106.5.3.3 of the 2019 California Green Building Standards Code in its entirety.
Amend Section 5.106.5.3.4 of the 2019 California Green Building Standards Code to read as
follows:
5.106.5.3.4 [N] Identification. The raceway termination location shall be permanently
and visibly marked as "EV-Ready".
Delete Section 5.106.5.3.5 of the 2019 California Green Building Standards Code in its entirety.
1200298.1
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. 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-nua-y 2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California