Attachment III
ORDINANCE NO. _
AN ORDINANCE AMENDING REACH CODES FOR THE CITY OF
HAYWARD BY AMENDING THE CITY’S OFF-STREET PARKING
REGULATIONS (CHAPTER 10, ARTICLE 2); AND AMENDING
THE BUILDING CODE OF THE CITY OF HAYWARD (CHAPTER
9, ARTICLE 1) OF THE HAYWARD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Intent. It is the purpose and intent of this Ordinance to expressly enact local amendments to the 2022 California Building Code and will comply with and exceed the 2025 California Building Code applicable to new construction to provide standards for new buildings to improve community health and safety while reducing greenhouse gas emissions.
Section 2. This ordinance shall become effective 30 days after adoption by the City Council. The following are hereby adopted as local amendments to Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations):
Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE
Chapter 9 of the Hayward Municipal Code
(Building Code)
Section 9-1.01 - Summary of Local Amendments. This section is amended by adding the following:
Code Section Added
to Code
Code
Change
Deleted
from
Code
Notes/Justification
California Green
Building
Standards Code,
Title 24 Part 11
X Adds definitions and increased
requirements for electric vehicle
charging infrastructure for new
construction
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Section 9-1.02 - Local Amendments to the Code By Chapter. This section is amended by adding the following:
California Green Building Standards Code, Title 24 Part 11– Electric Vehicle Charging Infrastructure Amendments
Chapter 2 Definitions is amended to add the following definitions:
Assigned Parking
Direct Current Fast Charging
Level 2 EV Capable
Level 2 EV Charging Receptacle
Level 2 EV Ready
Low Power Level 2 EV Ready
Unassigned or Common Use Parking
Unbundled Parking
And modifies the following definitions:
Automatic Load Management to provide electric specifications
Section 4.106.4 is amended to require one more parking space in single family home to be Level 2 EV Ready.
Section 5.106.5.3 is amended to:
Create an exception for unbundled parking for the direct wiring requirements.
Increase Level 2 EVCS Requirement from 15% to 30% of parking spaces for offices and retail buildings.
Increase Level 2 EV Capable requirements from 5% to 20% of parking spaces for offices and retail buildings.
Table 5.106.5.3.6 is formatted differently so the requirements are easier to understand.
However, the requirements are the same.
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Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE
Chapter 10, Article 2 of the Hayward Municipal Code
(Off-Street Parking Regulations)
Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:
Chapter 10, Article 2 is amended as follows:
Section 202 of the California Green Building Standards Code is amended as follows:
Section 10.2.100 – Definitions. This section is amended by adding the following definitions:
a. ‘Assigned Parking’. The words ‘Assigned Parking’ shall mean parking spaces in a residential parking facility that are assigned or designated for use by a specific living unit within the building or residence.
b. ‘Automatic Load Management Systems (ALMS).’ The words ‘Automatic Load Management Systems (ALMS)’ shall mean a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, or panels, and share electrical capacity and/or automatically manage power at each connection point. ALMS systems must be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
c. ‘Direct Current Fast Charging (DCFC). The words ‘Direct Current Fast Charging (DCFC)’ shall mean a parking space provided with electrical infrastructure that meets the following conditions:
1) A minimum of 48 kVa (480 volt, 60-ampere) branch circuit. 2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere. c.
1) A minimum of 48 kVa (480 volt, 10060-ampere) capacity wiring. 2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
d. ‘Electric Vehicle Charging Station (EVCS).’ The words ‘Electric Vehicle Charging Station (EVCS)’ shall mean a parking space that includes installation of electric vehicle Attachment III
supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
e. ‘Electric Vehicle Supply Equipment (EVSE).’ The words ‘Electric Vehicle Supply Equipment (EVSE)’ shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
d. ‘Electric Vehicle Charging Station (EVCS).’ One or more electric vehicle charging spaces served by EVSE or receptacles.
e. ‘Electric Vehicle Supply Equipment (EVSE).’ The words ‘Electric Vehicle Supply Equipment (EVSE)’ shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
f. ‘Level 2 Electric Vehicle (EV) Charger.’ A 208/240-volt 30-ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles.
f.g. ‘Level 2 EV Capable.’ The words ‘Level 2 EV Capable’ shall mean a parking space provided with electrical infrastructure that meets the following requirements:
1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. 2) The conduit shall be designed to provide at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
3) The electrical panel shall reserve a space for a 208/240 volt, 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.”
4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 208/240 volt, 40 amperes.
5) The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable in accordance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
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g.h. ‘Level 2 Electric Vehicle (EV) Charging Receptacle’. The words ‘Level 2 Electric Vehicle (EV) Charging Receptacle’ shall mean a 208/240-volt 40-ampere minimum branch circuit and a receptacle.
h.i. ‘Level 2 EV Ready.’ The words ‘Level 2 EV Ready’ shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiringbranch circuit. 2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
i.j. ‘Low Power Level 2 EV Ready.’ The words ‘Low Power Level 2 EV Ready’ shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) branch circuit.capacity wiring.
2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
k. ‘Unassigned Or Common Use Parking’. The words ‘Unassigned Or Common Use Parking’ shall mean parking spaces in a residential parking facility that are not reserved for or assigned to a specific living unit within the building or residence, including guest, staff, or other non-resident parking.
j.l. ‘Unbundled Parking.’ Vehicular parking for sale or lease to residents of a building separate from the sale or lease of living units within that residential building.
Section 10.2.200 – Application. This section is amended by adding the following:
Section 301.3, Section 4.106.4, and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:
1. The Off-Street Electric Vehicle Charging requirements in this Article shall apply at the time of construction of any new building.
2. For EV charging infrastructure requirements for existing nonresidential buildings, see Section 5.106.5.4 of the California Green Building Standards Code.
3. For EV charging infrastructure requirements for existing residential buildings, see Section 4.106.4.3 of the California Green Building Standards Code.
4. For additional EV infrastructure requirements for select nonresidential buildings, see Section 5.106.5.5 of the California Green Building Standards Code.
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Chapter 10, Article 2 is further amended by adding a new Part VIII as follows:
VIII. REQUIREMENTS FOR EV CHARGING INFRASTRUCTURE
SEC. 10-2.800 ELECTRIC VEHICLE (EV) CHARGING SPACES
Electric vehicle (EV) charging infrastructure shall be provided and maintained for projects whenever off-street parking is provided. The infrastructure shall be provided in accordance with the requirements of the California Green Building Standards Code, Title 24 Part 11, and the requirements in this Section, whichever provides greater number of off- street parking spaces with access to EV charging infrastructure. All accessibility provisions shall meet California Building Code Chapters 11A and 11B and Part VII of this Article. All signage provisions shall meet Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
All such spaces shall count toward the minimum required parking spaces. Where two or more primary uses occupy a single site, the EV infrastructure required for each use shall be calculated separately. Calculations for the required minimum number spaces with EV infrastructure shall be rounded up to the nearest whole number. Requirements represent the minimum charging infrastructure required, and increases in installed infrastructure, such as EV Supply Equipment and delivered power, shall be permissible.
Sections 4.106.4.1, 4.106.4.2, and 5.106.5.3 of the California Green Building Standards Code are amended as follows:
SEC. 10-2.810 Electric Vehicle Charging Requirements by Use.
Uses EV Charging Infrastructure Required 1
Single-Family Dwellings
and Townhomes
Each of the first two parking spaces per dwelling unit shall be provided with a Level 2 EV Ready space.
Multiple-Family Dwellings
with Assigned Parking
All dwelling units with parking spaces shall be provided with at least one Low Power Level 2 EV Ready space.
Automatic Load Management Systems (ALMS) shall be permitted to reduce load when multiple vehicles are charging.
EV charging receptacles in multifamily parking facilities at assigned parking spaces shall be provided with a dedicated branch circuit
1 When Level 2 EV Chargers are installed in a number greater than the minimum percent of parking spaces required by Section 10-2.810, the number of low power Level 2 EV Ready or Level 2 EV Ccapable spaces required may be reduced by a number equal to the number of EV chargers installed over the percent required.
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connected to the dwelling unit’s electrical meter panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency. Unbundled Parking spaces, as defined as vehicular parking for sale or lease to residents of a building separate from the sale or lease of living units within that residential building, are also exempt from this requirement.
Multiple-Family Dwellings
with Unassigned or
Common use Parking
Where dwelling units are provided with unassigned parking spaces equal to or greater than the number of dwelling units:
o At least one Level 2 Ready with a Level 2 EV Chargers and Electric Vehicle Charging Station (EVCS) shall be provided at an unassigned parking space for a minimum of 25% of
total dwelling units.
o All remaining unassigned parking spaces shall be provided with at least one Low Power Level 2 EV Ready space.
o The total number of EV charging spaces shall be equal to one-hundred percent (100%) of dwelling units or one-
hundred percent (100%) of parking spaces, whichever is
less.
Where the total number of dwelling units exceeds the number of unassigned parking spaces:
o For unassigned or common use parking, a minimum of
twenty-five (25%) of spaces shall be equipped with Level 2 EV chargers and shall be made available for use by all
residents or guests.
o All remaining unassigned parking spaces shall be provided with at least one Low Power Level 2 EV Ready space.
o The total number of EV charging spaces shall be equal to one-hundred percent (100%) of dwelling units or one-
hundred percent (100%) of parking spaces, whichever is
less.
EV chargers shall be equipped with J1772 or J3400 connectors.
Offices and Retail A minimum of 20% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
A minimum of 50% of parking spaces provided shall be provided with a Level 2 Ready and EVCS or are Level 2 EV Capable.A minimum of 20% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
A minimum of 30% of parking spaces provided shall be Level 2 EV Capable.
ALMS shall be permitted to reduce load when multiple vehicles are charging.
Hotels and Motels A minimum of 15% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
A minimum of 40% of parking spaces provided shall be provided with a Low Power Level 2 Ready and EVCS or are Low Power Level 2 EV Attachment III
Ready.A minimum of 25% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
A minimum of 40% of parking spaces provided shall be Low-Power Level 2 EV Ready.
ALMS shall be permitted to reduce load when multiple vehicles are charging.
EV chargers shall be equipped with J1772 or J3400 connectors.
All Other Non-Residential
Uses
A minimum of 10% of parking spaces provided shall be provided with a Level 2 Ready and EVCS; and
A minimum of 20% of parking spaces provided shall be provided with a Level 2 Ready and EVCS, or are Level 2 EV Capable.A minimum of 10% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
A minimum of 10% of parking spaces provided shall be Level 2 EV Capable.
ALMS shall be permitted to reduce load when multiple vehicles are charging.
SEC. 10-2.820 Direct Current Fast Charging stations.
a. One DCFC may be substituted for up to five (5) Level 2 EV chargers EVCS to meet the requirements of Section 10-2.810.
b. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 2 spaces.
SEC. 10-2.830 Receptacle Configurations.
a. 208/240V EV charging receptacles shall comply with one of the following configurations:
1) For 20- ampere receptacles, NEMA 6-20R
2) For 30- ampere receptacles, NEMA 14-30R
3) For 50- ampere receptacles, NEMA 14-50R
Sec. 10-2.833 EV Charger Connectors
EV chargers shall be equipped with SAE J1772 with a maximum output 240 Volts AC or SAE J3400 connectors. When using level 2 SAE J3400 SAE connectors, supplied by a 480 V 3- phase service, then at least 20 percent of the EV charger connectors shall be SAE J1772 with a maximum output 240 Volts AC.
Section 5.106.5.3.6 of the California Green Building Standards Code is amended as follows:
SEC. 10-2.835 Electric vehicle charging stations (EVCS)—power allocation method.
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a. The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2 and associated Table 5.106.5.3.1.
Use Table 5.106.5.3.6 to determine the total power in kVA required based on the total number of actual parking spaces.
b. Power allocation method shall include the following:
1) Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.
2) At least one Level 2 EVSE shall be provided.
TABLE 5.106.5.3.6
FACILITY
TYPE
MINIMUM TOTAL
kVA @ 6.6 kVA1
MAXIMUM kVA
ALLOWED FOR EV
CAPABLE SPACES1, 2
MINIMUM kVA REQUIRED
IN ANY COMBINATION OF
LOW POWER LEVEL 2,
LEVEL 2, OR DCFC1, 3,
Office &
Retail
50% of actual
parking spaces x 6.6
30% of actual parking
spaces x 6.6
20% of actual parking
spaces x 6.6
All Other 20% of actual
parking spaces x 6.6
10% of actual parking
spaces x 6.6
10% of actual parking
spaces x 6.6
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.
3. Level 2 EVSE @ 6.6 kVA minimum.
Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended as follows:
SEC. 10-2.840 Exceptions.
a. Where there is no local utility power supply, or the local utility is unable to supply adequate power.
b. 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 10-2.81081030-0.3 may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. c. Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
d. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new Attachment III
panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1. e. Decisions on the above exceptions may be appealed pursuant to Section 10-2.430.
Section 3. Enactment of Local Amendments to the California Building Standards Code, Title 24, Part 11 (Amendments to Chapters 9 and 10 of the Hayward Municipal Code).
The local amendments to the 2022 California Building Standards Code, Title 24, Part 11, are hereby enacted.
Section 4. Severability. The provisions of this Ordinance are severable, and if any clause, sentence, paragraph, provision, or part of this Ordinance, or the application of this Ordinance to any person, is held to be invalid or preempted by state or federal law, such holding shall not impair or invalidate the remainder of this Ordinance. If any provision of this Ordinance is held to be inapplicable, the provisions of this Ordinance shall nonetheless continue to apply with respect to all other covered development projects and applicants. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from its coverage.
Section 5. Effective Date. This ordinance shall become effective 30 days after adoption by the City Council.
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INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 17th day of June, 2025, by Council Member .
ADOPTED at a regular meeting of the City Council of the City of Hayward held the ___th day of June, 2025, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: __________________________
Mayor of the City of Hayward
DATE:
ATTEST:
City Clerk of the City of Hayward
APPROVED AS TO FORM:
City Attorney of the City of Hayward