Ordinance — San Jose City Council, October 18, 2022

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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
VARIOUS SECTIONS OF TITLE 24 (TECHNICAL CODES)

OF THE SAN JOSE MUNICIPAL CODE ADOPTING THE
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE

WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND

ADDITIONS WHICH SERVE AS A REACH CODE TO

INCREASE REQUIREMENTS RELATED TO ELECTRIC
VEHICLE CHARGING STATIONS; AND ADOPTING THE
2022 CALIFORNIA BUILDING ENERGY EFFICIENCY

STANDARDS

WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City of San José (“City”) may adopt the provisions of the Green Building Standards Code and Building Efficiency Energy Standards with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of San José because of local climatic, geological and topographical conditions; and

WHEREAS, the City Council hereby makes the following findings with respect to local geological, topographical and climatic conditions relating to the amendments to the California Codes for which such findings are required:

A. The San Francisco Bay area region is densely populated and located in an area of high seismic activity. The City is bounded by the Hayward and San Andreas faults capable of producing major earthquakes; and

B. Gas appliances and associated piping located in the ground and in buildings increase the risk of explosion or fire if there is a structural failure due to a seismic event especially consider the City’s number of older buildings and increasing density; and

C. Severe seismic events could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the Fire Department, resulting in challenges inmeeting the fire and life safety needs of the community; and

D. Solar infrastructure on buildings reduces the need for pipelines and electrical transmission lines; and

E. The local geographic, topographic, and climatic conditions pose an increased hazard in acceleration, spread, magnitude, and severity of potential fires in the NVF:CDW:AHT
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City, and may cause a delayed response from emergency responders, allowing further growth of fires; and

F. Over the next century, increasing levels of atmospheric greenhouse gases are expected to result in global temperature increases, causing a variety of local changes, including extreme weather conditions, sea level rise, more frequent heat waves and extended periods of drought. Local geographic, topographic, and climatic conditions include increased risk of the following:

1. Fires: In addition to the increased risk as a result of earthquakes, the City is surrounded by hills both within City limits or adjacent to them. The dry brush and steep terrain are particularly susceptible to wildfires. The City, through its Fire Department, has designated approximately 54.5 square miles of the City’s 180 square miles of incorporated area as Wildland Urban Interface (“WUI”). These areas in the southwestern and southeastern areas of the City known as the Almaden Valley and East Foothills have heightened construction and regulatory standards to mitigate the spread of wildfires. In addition, wildfires located outside of the area in 2018 created a blanket of toxic smoke over the City, causing the worst air quality on record by the Bay Area Air Quality Management District for two (2) consecutive weeks; and

2. Landslides: Extreme storms as a result of climate change increase the chance of rainfall-induced landslide; fire and drought may kill vegetation in the City’s WUI, increasing runoff and potential for landslide; and

3. Drought: Prolonged periods of drought as a result of climate change may deplete reservoirs and the groundwater basin serving San Jose, as of 2021, Governor Newsom has included Santa Clara County in a statewide emergency declaration specifically for drought conditions, and local agencies, including the Santa Clara Valley Water District, Santa Clara County, and City of San Jose issued emergency proclamations regarding drought conditions; and

4. Flooding: Extreme weather conditions such as sudden, prolonged rainfall as result of climate change could result in a spillover from local dams, including the Anderson Dam, which can result in flooding of local creeks which run through San Jose, such as the Coyote Creek; as the City experienced in 2017; and

5. Sea Level Rise: Sea level rise as a result of climate change will have a dramatic local impact on the City. The City’s Alviso area borders the southern end of the San Francisco Bay and is particularly vulnerable to sea level rise and is at an increased risk of flooding; and

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6. Heat: Increased heat as a result of climate change can have a local impact on the health, safety, and welfare of the City’s population, especially those without resources to purchase air conditioning, the elderly, disabled, and children; and

7. Increasing and encouraging the use of electric vehicles will help the City meet its goals under Climate Smart San Jose to reduce greenhouse gas emissions; and

a. Electric vehicles depend upon convenient access to charging; and

b. The most cost-effective time to prepare electrical infrastructure for electric vehicle charging is when the electric service is installed or upgraded for construction, and during site preparation for the construction of parking lots; and

G. Failure to address and substantially reduce greenhouse gas emissions creates an increased risk to the health, safety and welfare of city residents. Council considers and adopts as findings the analysis contained in the staff report and prior reports to Council including those related to the declaration of a climate emergency and those for the September 17, 2019 City Council meeting; and

H. Amendments to the California Codes have been adopted in the past by the City Council based on specific findings of local geographic, topographic and climatic conditions; and the Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist; and

I. On September 23, 2022, Governor Newsom issued an executive order requiring the California Air Resources Board to adopt regulations to ban the sale of new models of gasoline-only vehicles; and

J. On August 25, 2022, the California Air Resources Board mandated that the sale of light-duty trucks and passenger cars be limited to zero-emission vehicles by the 2035 model year;

K. Within the City, lack of access to vehicle charging stations disproportionately impacts disadvantaged communities; and

L. The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural damage resulting from local conditions; and

M. The provisions of this Ordinance are cost effective if legally required;.

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WHEREAS, this Ordinance was found to be categorically exempt from environmental review, per the provisions of the California Environmental Quality Act (“CEQA”) of 1970, as amended, 14 California Code of Regulations Section 15308, and Title 21 of the San José Municipal Code, under File Number PP19-067; and

WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and

WHEREAS, this Council has reviewed, considered, and approves the Statement of Exemption determination under CEQA prior to taking any approval actions on this Ordinance;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:

SECTION 1. Section 24.01.239 of Chapter 24.01 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.01.239 Green Building Standards Code

“Green Building Standards Code” means the California Green Building Standards Code, or CAL Green, 2019 2022 edition, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this Title.

SECTION 2. Section 24.01.243 of Chapter 24.01 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.01.243 Building Energy Efficiency Standards

Building Energy Efficiency Standards, 20192022 edition, promulgated by the California Energy Commission, including appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in this Title.

SECTION 3. Section 24.10.100 of Part 1 of Chapter 24.10 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.10.100 Adoption of Technical Provisions of the California Green Building Standard Code

A. Except as otherwise provided for in this chapter, the residential mandatory measures and nonresidential mandatory measures of the California Green Building Standards (CALGreen) 2019 2022 edition, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby NVF:CDW:AHT
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incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CALGreen Code has been filed for use and examination of the public in the office of the City Clerk of the City of San José.

SECTION 4. Section 24.10.110 of Chapter 24.10 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.10.110 Definitions (Amending CALGreen §202)

CALGreen Code Section 202 is amended to include the additional following definitions:

AREA MEDIAN INCOME or AMI means the annual median income for Santa Clara County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of San José in the event that such median income figures are no longer published periodically in the California Code of Regulations.

ELECTRIC VEHICLE LOAD MANAGEMENT SYSTEM. A system designed to allocate charging capacity among multiple electric vehicle supply equipment.

PERMANENT SUPPORTIVE HOUSING has the same meaning as “supportive housing” as defined in Section 50675.14 of the California Health and Safety Code, or its successor provision, except that “permanent supportive housing” shall also include associated facilities if used to provide services to housing residents.

SECTION 5. Section 24.10.120 of Chapter 24.10 of Title 24 of the San José Municipal Code is amended to read as follows:

24.10.120 Cross-References to CALGreen

The provisions of this Chapter contain cross-refences to the 2019 2022 CALGreen Code to facilitate references and comparison to those provisions.

SECTION 6. Part 2 of Chapter 24.10 of Title 24 of the San José Municipal Code is hereby repealed and replaced with the following Part to be numbered, entitled, and to read as follows:

Part 2
Residential Mandatory Measures (CALGreen, Ch. 4)

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24.10.200 Electrical Vehicle (EV) Site Development (CALGreen, Ch. 4, §§4.106.4 –

4.106.4.3)

CALGreen, Chapter 4, Sections 4.106.4 through 4.106.4.3 are amended and Table

4.106.4.3.1 is added to be numbered and to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1or 4.106.4.2 to facilitate future installation and use of electric vehicle chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Exceptions:

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:

1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that meeting the requirements will alter the 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.. on the utility side of the meter so as to increase the utility side cost by more than $400 per dwelling unit for Permanent Supportive Housing or buildings which are restricted for housing those whose income is no more than thirty percent (30%) of the AMI. If costs are found to exceed this level, the applicant shall provide EV
infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

1.3 Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter for buildings other than those identified in Section 1.2 above, so as to increase the utility side cost by more than an average of $4,500 per EV capable, EV Ready and EV Supply
Equipment Spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

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2 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

4.106.4.1 New one- and two-family dwellings and town- houses with attached and detached private garages. Each dwelling unit shall be provided with one EV Ready Space.

For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces.

The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Cod.EXCEPTION: Detached private garages without electrical service.

4.106.4.1.1 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV READYCAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV READYCAPABLE”.

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities.

When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code NVF:CDW:AHT
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Section 22511.2 for further details. For multifamily dwellings and new residential parking facilities, ten percent (10%) of the total required number of parking spaces on a building site provided for all types of parking facilities shall be EVSE spaces, twenty percent (20%) of the total number of parking spaces provided for all types of parking facilities shall be EV Ready spaces, and seventy percent (70%) of the total number of parking spaces for all types of parking facilities shall be EV Capable spaces. For hotels and motels, ten percent (10%) of the total required number of parking spaces on a building site provided for all types of parking facilities shall be EVSE spaces and fifty percent (50%) of the total number of parking spaces for all types of parking facilities shall be EV Capable spaces. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. See, Table 4.106.4.2.3 below.

1. Level 2 EVSE: Five (5) percent of the total required number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE 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 EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

2. Calculations. 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 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

Exceptions:

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1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

4.106.4.2.1 Not adopted.

Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. 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 40 amperes.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

Notes:

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a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

4.106.4.2.2 Not adopted.

Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

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Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

4.106.4.2.2.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4 and Section

4.106.4.2.2.2, Item 3, shall comply with Section 4.106.4.2.2.1

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 11B, for applicable requirements.

4.106.4.2.2.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging 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 11B, are not required to comply with Section 4.106.4.2.2.1.1 and Section

4.106.4.2.2.1.2, Item 3.

4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions. The charging spaces shall be designed to comply with the following:

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1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging 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 permitted
provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083
percent slope) in any direction.

4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

4.106.4.2.3 EV space requirements.

1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway NVF:CDW:AHT
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method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.4 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

4.106.4.2.5 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.

When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

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.

Table 4.106.4.3.1 Number of Space Requirements

Building Type Required EVSE
Spaces1
Required EV
Ready Space
Required EV
Capable Spaces
Multifamily

10% of total, at
least 5% of total
Level 2 EVSE
20% of total 70% of total
New Residential
Parking Facilities
10% of total, at
least 5% of total
Level 2 EVSE
20% of total 70% of total
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Hotel/Motel 10% of total, at
least 5% of total
Level 2 EVSE
0% 50% of total
1All calculations shall be based upon the total number of required parking spaces, and rounded up to the nearest whole number

SECTION 7. Part 3 of Chapter 24.10 of Title 24 of the San José Municipal Code is hereby repealed and replaced with the following Part to be numbered, entitled, and to read as follows:

Part 3
NonResidential Mandatory Measures (CALGreen, Ch. 5)

24.10.300 Electrical Vehicle (EV) Charging Stations (CALGreen, Ch. 5, §§5.106.5.3 – 5.106.5.4.1)

CALGreen Code, Chapter 5, Sections 5.106.5.3 through 5.106.5.4.1 are amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section

5.106.5.3.1 through Section 5.106.5.3.4 and Table 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 EVSE and EV Capable Requirements.

EV cpable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements:

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1. Raceways complying with the California Electrical Code no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for the dedicated 208/420 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30- ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceways termination location shall be permanently and visibly marked as “EV CAPABLE”.

Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

Table 5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES PROVIDED
WITH EVSE)2
0-9 0 0
10-25 4 0
26-50 8 2
51-77 13 3
76-100 17 4
101-150 25 6
151-200 35 9
201 and over 20 percent of the total1 25 percent of EV capable spaces1
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 toward the total number of required EV capable spaces shown in column 2.

Ten percent (10%) of the total number of required parking spaces provided for all types of parking facilities shall be EVSE spaces. Forty percent (40%) of the total NVF:CDW:AHT
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number of parking spaces provided for all types of parking facilities shall be EV Capable spaces. Calculations for the required number of electric vehicle spaces shall be rounded up to the nearest whole number. See, Table 5.106.5.3.1 Table 5.106.5.3.1
Building Type Required EVSE
Spaces1
Required EV
Ready Space
Required EV
Capable Spaces
All Nonresidential 10% of total, 0% 40% of total
1All calculations shall be based upon the total number of required parking spaces, and rounded up to the nearest whole number

5.106.5.3.1.1 Electric service capacity for EV Capable spaces.

The building electrical panel that contains the physical space to accommodate the future installation of circuit breakers for electric vehicle capable spaces required by Section 5.106.5.3.1 shall have sufficient electrical capacity to provide no less than 8 amps at 208/240 volts per EV Capable space.

5.106.5.3.2 Electric vehicle charging stations (EVCS).

EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table

5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.3 Use of automatic load management systems (ALMS).

ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when NVF:CDW:AHT
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charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Accessible EVCS.

When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N]Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. 1.On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. 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

5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follo

5.106.5.4.1 Not adopted.

Evehicle charging readiness requirements for warehouses, grocery stores and retail stores with planned off-street loading spaces.

In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:The transformer, main service equipment and subpanels shall meet the minimum power requirement inTable 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSRaceway(s) or busway(s) originating at a NVF:CDW:AHT
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main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.

SECTION 8. Section 24.12.100 of Part 1 of Chapter 24.01 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.12.100 Adoption of Technical Provisions of the California Building Energy Efficiency Standards

A. Except as otherwise provided for in this Chapter, the California Building Energy Efficiency Standards 2019 2022 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the California Building Energy Efficiency Standards hasd been filed for use and examination of the public in the Office of the City Clerk of the City of San José.

SECTION 9. Section 24.12.120 of Chapter 24.12 of Title 24 of the San José Municipal Code is hereby amended to read as follows:

24.12.120 Cross-References to the Building Energy Efficiency Standards

The provisions of this Chapter contain cross-references to the 20192022 Building Energy Efficiency Standards for Residential and Non-Residential Buildings (Energy Standards) to facilitate references and comparison to those provisions.

SECTION 10. This Ordinance shall become effective on January 1, 2023.

SECTION 11: The supporting findings for each section amendment is attached as Exhibit “A” to this Ordinance.

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PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk

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Exhibit A: Cross-Reference for Supportive Findings and Code Section

D. Solar infrastructure on buildings reduces the need for pipelines and electrical transmission lines; and

E. The local geographic, topographic, and climatic conditions pose an increased hazard in acceleration, spread, magnitude, and severity of potential fires in the City, and may cause a delayed response from emergency responders, allowing further growth of fires; and

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7. Increasing and encouraging the use of electric vehicles will help the City meet its goals under Climate Smart San Jose to reduce greenhouse gas emissions; and

a. Electric vehicles depend upon convenient access to charging; and

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I. On September 23, 2022, Governor Newsom issued an executive order requiring the California Air Resources Board to adopt regulations to ban the sale of new models of gasoline-only vehicles; and

J. On August 25, 2022, the California Air Resources Board mandated that the sale of light-duty trucks and passenger cars be limited to zero-emission vehicles by the 2035 model year;

K. Within the City, lack of access to vehicle charging stations disproportionately impacts disadvantaged communities; and

M. The provisions of this Ordinance are cost effective if legally required;. And

N. Each of the provisions of the Ordinance are supported by all of the findings A- Z above, without limitation. The most directly relevant findings for each of the amendments are itemized as follows:

Supporting Findings
Base Code Amended Supporting Findings
Section 4.106.4 Electric vehicle (EV) charging for new construction

F,G,H, I, J, K, L, M
Section 4.106.4.1 New one- and two-
family dwellings and town- houses with
attached and detached private garages.

F,G,H, I, J, K, L, M
Section 4.106.4.2 New multifamily
dwellings, hotels and motels and new
residential parking facilities

F,G,H, I, J, K, L, M
Section 4.106.4.2.1 Multifamily
Development Projects with less than 20
dwelling units; and hotels and motels with
less than 20 sleeping units or guest

F,G,H, I, J, K, L, M

4.106.4.2.2 Multifamily development
projects with 20 or more dwelling units,

F,G,H, I, J, K, L, M
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hotels and motels with 20 or more
sleeping units or guest rooms

5.106.5.3 Electric vehicle (EV)
charging

F,G,H, I, J, K, L, M

5.106.5.3.1 EVSE and EV capable
spaces

F,G,H, I, J, K, L, M

5.106.5.3.1.1 Electric service capacity for
EV Capable spaces.

F,G,H, I, J, K, L, M

5.106.5.3.4.1 Electric vehicle charging
readiness requirements for warehouses,
grocery stores and retail stores with
planned off-street loading spaces.

F,G,H, I, J, K, L, M

San Jose City CouncilOctober 18, 2022

San Jose City Council
October 18, 2022