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AGENDA REPORT
Meeting Date: June 27, 2024
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING AND AMENDING THE STATE MID-CYCLE UPDATES TO THE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, AMENDING
TITLE 9 OF THE BEVERLY HILLS MUNICIPAL CODE, AND
APPROVING A CEQA EXEMPTION DETERMINATION
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING AND AMENDING THE STATE MID-CYCLE UPDATES TO THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AMENDING TITLE 9 OF THE BEVERLY
HILLS MUNICIPAL CODE, AND APPROVING A CEQA EXEMPTION
DETERMINATION”.
INTRODUCTION
At its meeting of June 18, 2024, the City Council conducted a first reading of this ordinance and introduced it.
DiSCUSSION
This Ordinance amends Beverly Hills Municipal Code (BHMC”) Section 9-1-1102 by revising Section 4106.4 of the Green Building Standards Code (‘GBSC”) pertaining to standards for installation of electric vehicle (‘EV”) charging infrastructure in new one and two family dwellings and townhomes with attached private garages, multi-family dwellings, hotels, and motels.
The Ordinance includes requirements for charging hardware and signage, and forallocating parking spaces for EV charging, including accessible EV charging station spaces. The Ordinance further establishes minimum dimensions for EV parking spaces and parking aisles.B0785-0001\2978750v1 .doc
Meeting Date: June 27, 2024
The Ordinance also amends BHMC Section 9-1-1102 by adopting and amending Tables
5.106.5.3.1, A5.106.5.3.1 Tier 1, and A5.106.5.3.3 Tier2, of the GBSC.
Additionally, the Ordinance establishes minimum numbers of EV parking spaces required for residential and non-residential parking facilities.
For administrative efficiency, the Ordinance carries over, without amendment, all otherprovisions of BHMC Section 9-1-1102.
FISCAL IMPACT
There is no fiscal impact to the City with the adoption of the Ordinance.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING AND
AMENDING THE STATE MID-CYCLE UPDATES TO THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AMENDING TITLE 9 OF THE
BEVERLY HILLS MUNICIPAL CODE, AND APPROVING A CEQA EXEMPTIONDETERMINATION
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9-1-1102 of Article 11 of Title 9 of the Beverly Hills Municipal Code is hereby amended to read as follows:
“9-1-1102: AMENDMENTS TO CALIFORNIA GREEN BUILDING STANDARDS CODE:
The California Green Building Standards Code adopted pursuant to Section 9-1-1101 is hereby amended as follows:
‘Section 102.1.1 is added to the California Green Building Standards Code to read as follows:
102.1.1 Electronic construction documents. The enforcing agency is authorized to require construction documents, including plans, to be submitted in an acceptable electronic format. [Note: this Section 102.1.1 unaffected by State mid-cycle amendments]’ ‘Section 4106.4 of the California Green Building Standards Code is adopted and amended to read as follows:
4.106.4 Electric Vehicle (EV) Charging for New Construction New construction shall comply with Section 4.106.4.1 or 4.106.4.2. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.
Exception:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.
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4.106.4.1 New One- And Two-Family Dwellings and Townhouses With Attached Private Ga rages
For each new dwelling unit that is provided with parking, install a minimum of one (1) Low Power Level 2 Electric Vehicle Charging Receptacle or a Level 2 Electric Vehicle SupplyEquipment (EVSE).
Exception: Deleted
4.106.4.1.1 Identification Deleted
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parkingfacilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Section 4.106.4.2.2. Calculations for spaces shall berounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as an EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimumparking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Reserved4.106.4.2.2 Multifamily dwellings, hotels and motels.
1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. b. Multifamily parking facilities. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required by this section shall be located in at least oneassigned parking space per dwelling unit where assigned parking is provided.
Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in theCalifornia Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
c. Receptacle power source. EV charging receptacles in multifamily parking facilities shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.
Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in theCalifornia Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
d. Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:
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1. For 20-ampere receptacles, NEMA 6-20R
2. For 30-ampere receptacles, NEMA 14-30R3. For 50-ampere receptacles, NEMA 14-50R
2. EV ready parking spaces with EV chargers.
a. Hotels and motels. Ten (10) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. b. Multifamily parking facilities. Ten (10) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be located in common use or unassigned parking areas and shall be available for use by all residents or guests.
Where low power Level 2 EV charging receptacles or Level 2 EV chargers are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.
4.106.4.2.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.2, Item 2, with EV chargers installed shall comply with Section 4.106.4.2.3.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11 B, for applicable requirements.
4.106.4.2.3.1 Electric vehicle charging stations (EVCS) spaces with EV chargers installed; dimensions and location. EVCS spaces shall be designed to comply with the following:
1. The minimum length of each EVCS space shall be 18 feet (5486 mm).
2. The minimum width of each EVCS space shall be 9 feet (2743 mm).
3. One in every 25 EVCS spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permittedprovided the minimum width of the EVCS space is 12 feet (3658 mm). Surface slope for this EVCS space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. These EVCS spaces shall also comply with at least one of the following:
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a. The EVCS space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter hA, to allow use of the EV charger from the accessible parking space.
b. The EVCS space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11 B, are not required to comply with Section4.106.4.2.3.1.
4.106.4.2.3.2 Accessible electric vehicle charging station spaces. In addition to the requirements in Section 4.106.4.2.3.1, all EVchargers, where installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11 B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11 A, Section 11 09A.
4.106.4.2.4 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires abuilding permit, ten (10) percent of the total number of parking spaces added or altered shall be EV capable spaces to of support future Level 2 electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as ‘EV CAPABLE.’ Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.’
‘Section 4304.2 is added to the California Green Building Standards Code to read as follows:
4.304.2 Metering Outdoor Water Use. A landscape water meter provided by the City of Beverly Hills shall be installed for landscape irrigation for the following projects. The term aggregate landscape area includes areas of new landscaping, relandscaping, and existing landscaping to remain.
1. New residential building on a site with an aggregate landscape area of 500 square feet or more.
Exception: Accessory Dwelling Units that do not meet any of the other conditions. 4 B0785-0001 \296931 8v2.doc
2. Additions and/or alterations to an existing residential building on a site with an aggregate landscape area of 500 square feet or more, where the building supply line or water meter is being replaced or upgraded.
3. Relandscaping or new landscaping projects of 2,500 square feet or more. [Note: this Section 4304.2 unaffected by State mid-cycle amendments]’ ‘Section 4.305 of the California Green Building Standards Code is amended to read as follows:
SECTION 4.305
WATER REUSE SYSTEMS
4.305.1 Cooling Towers [N]. Cooling towers shall comply with Section 4.305.2.1 or 4.305.2.2.
4.305.1.1 Existing Buildings. Buildings with existing cooling towers shall install cooling towers of a minimum of 6 cycles of concentration (blowdown) or better upon replacement.
4.305.1.2 New Buildings. New Buildings shall with cooling towers shall install cooling towers of a minimum of 6 cycles of concentration (blowdown) or better.’ [Note: this Section 4.305 unaffected by State mid-cycle amendments]’ ‘Table 5.106.5.3.1 of the California Green Building Standards Code is adopted and amended to read as follows:
TABLE 5.106.5.3.1 Nonresidential Mandatory
TOTAL NUMBER OF NUMBER OF NUMBER OF EVCS
ACTUAL PARKING REQUIRED EV (EV CAPABLE SPACES
SPACES CAPABLE SPACES PROVIDED WITH EVSE) 2,3
0-9 3 2
10-25 4 3
26-50 8 4
51-75 13 5
76-100 17 6
101-150 25 7
151-200 35 10
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20% of actual parking 25% of EV Capable Spaces 1
spaces 1
1. Calculation for spaces shall be rounded up to the nearest whole number.”
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3count towards the total number of required EV capable spaces shown in column 2”.
3. At least one Level 2 EVSE shall be provided.’
‘Table A5.106.5.3.1 of the California Green Building Standards Code is adopted and amended to read as follows:
TOTAL NUMBER OF TIER 1 TIER 1
ACTUAL PARKING NUMBER OF NUMBER OF EVCS
SPACES REQUIRED EV (EV CAPABLE SPACES
CAPABLE SPACES PROVIDED WITH EVSE)23
0-9 4 2
10-25 5 4
26-50 11 5
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30% of actual parking 33% of EV Capable spaces 1 spaces 1
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count towards the total number of required EV capable spaces shown in column 2”.3. At least one Level 2 EVSE shall be provided.’ 6 201 and over
TABLE A5.106.5.3.1 Tier 1
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Table A5.106.5.3.3 of the California Green Building Standards Code is adopted and amended to read as follows:
TABLE A5.106.5.3.3 Tier 2
TOTALNUMBEROF TIER2 TIER2
ACTUAL PARKING NUMBER OF NUMBER OF EVCS
SPACES REQUIRED EV (EV CAPABLE SPACES
CAPABLE SPACES PROVIDED WITH EVSE)23
0-9 4 3
10-25 8 5
26-50 17 6
51-75 28 9
76-100 40 13
101-150 57 19
151-200 79 26
201 and over 45% of actual parking 33% of EV Capable Spaces 1 spaces 1
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count towards the total number of required EV capable spaces shown in column 2”.3. At least one Level 2 EVSE shall be provided.’ ‘Section 5304.7 is added to the California Green Building Standards Code to read as follows:
5.304.7 Metering Outdoor Water Use. A landscape water meter provided by the City of Beverly Hills shall be installed for landscape irrigation for the following:
1. New construction projects with aggregate landscape area over 500 square feet.
2. Any construction project for which a new water meter is being requested.
3. When required by the California Department of Water Resources Model Water Efficient Landscape Ordinance.
[Note: this Section 5304.7 unaffected by State mid-cycle amendments]’ 7 B0785-0001\296931 8v2.doc
Section 5.305 of the California Green Building Standards Code is amended to read as follows:
SECTION 5.305
WATER REUSE SYSTEMS
5.305.1. Cooling Towers. Cooling towers shall comply with Section 5.305.1.1 or 5.305.1.2.
5.305.1.1 Existing Buildings. Buildings with existing cooling towers shall install cooling towersof a minimum of 6 cycles of concentration (blowdown) or better upon replacement.
5.305.1.2. New Buildings [N]. New Buildings with cooling towers shall install cooling towers of a minimum of 6 cycles of concentration (blowdown) or better. [Note: this Section 5.305 unaffected by State mid-cycle amendments]” Section 2. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the adoption of this Ordinance will provide for improved air quality and thereby contribute to the overall public health, safety and welfare. It is therefore exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).
Section 3. Penalty. Except where specified to be an infraction, violation of any provision of this Ordinance or any Code adopted or amended herein by reference shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1 ,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine andimprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance.
Section 4. Civil Remedies. The violation of any of the provisions of this Ordinance or any Code adopted or amended herein by reference shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
Section 5. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
Section 6. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
III
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Section 7. Effective Date. This Ordinance shall become effective and be in full force and effect at 12:01 am. on the thirty-first (31st) date after its passage.Adopted:
Effective:
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_____________________________
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
t—
___
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
MICHAEL
,-
FORBES
Director of Community Development
‘At.
ARLEN ESKANDARI
Assistant Director I Building Official
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