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Council Agenda: 03/28/23
Item Number: 6.1(b)
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
SECTION 24.10.110 AND 24.10.200 CHAPTER 24.10 OF
TITLE 24 (TECHNICAL CODES) OF THE SAN JOSE
MUNICIPAL CODE AS A REACH CODE TO INCREASE
REQUIREMENTS RELATED TO ELECTRIC VEHICLE
CHARGING STATIONS FOR MULTIFAMILY RESIDENTIAL
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 in meeting 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 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 NVF:CDW:CLS
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 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, as well as flooding that was the result of atmospheric river conditions requiring monitoring of Ross Creek, the Guadalupe River, and Upper Penitencia Creek as the City experienced in January and February of 2023; 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
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
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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; and
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; and
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
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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 24.10.110 of Chapter 24.10 of Title 24 of the San José Municipal Code is 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.
ASSIGNED PARKING means a space that is either leased, owned, or otherwise designated for use by the owner or occupant of a dwelling unit or tenant space.
ELECTRIC VEHICLE LOAD MANAGEMENT SYSTEM. A system designed to allocate charging capacity among multiple electric vehicle supply equipment.
AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS) means a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kW (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVSE 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.
LEVEL 2 EV READY means a parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kW (208/240 volt, 40-ampere) capacity wiring.
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. ii. 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.
LOW POWER LEVEL 2 EV READY means a parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kW (208/240 Volt, 20-ampere) capacity wiring.
ii. 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.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
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 2. Part 2 of Chapter 24.10 of Title 24 of the San José Municipal Code is amended to read as follows:
Part 2
Residential Mandatory Measures (CALGreen, Ch. 4)
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 4.106.4.1 or 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:
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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 local utility infrastructure design requirements 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.
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.
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 READY”. The raceway termination location shall be permanently and visibly marked as “EV READY”.
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. For multifamily dwellings and new residential parking facilities with Assigned Parking, tensix percent (106%) of dwelling units with Assigned Parking spaces the total required number of parking spaces on a building site provided for all types of parking facilities shall be Level 2 EVSECS spaces, twentyten percent (210%) of dwelling units with Assigned Parking spaces of the total number of parking spaces provided for all types of parking facilities shall be Level 2 EV Ready spaces, and seventyeighty-four percent (7084%) of dwelling units with Assigned Parking of the total number of parking NVF:CDW:CLS
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. spaces for all types of parking facilities shall be Low Power Level 2 EV ReadyCapable spaces. Dwelling units with Assigned Parking spaces shall be equipped with a dedicated branch circuit connected to the dwelling unit’s electrical meter, unless the building official determines that it is infeasible under Section 4.106.4 above. For unassigned parking within a multifamily development and new residential parking facilities, all parking spaces up to the number of dwelling units shall be equipped with a Level 2 EVSE. 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 4.106.4.32.13 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 aAutomatic Lload Mmanagement Ssystem (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 cCapable 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:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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.
4.106.4.2.2 Not adopted.
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, 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:
1. The minimum length of each EV space shall be 18
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 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.
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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 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.
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Council Agenda: 03/28/23
Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Table 4.106.4.3.1 Number of Space Requirements1
Building Type RequiredEVSE
Spaces1
Required EV
Ready Space
Low Power
Level 2 EV
Ready
Required EV
Capable
Spaces
New Multifamily
and Residential
Parking Facilities
Assigned Parking
10% of total, at
least 5% of
total Level 2
EVSE 6% of all
Assigned
spaces
20% of total
10% of all
Assigned
spaces
84% of all
Assigned
spaces
70% of total
0% of
Assigned
spaces
New Multifamily
and Residential
Parking Facilities –
Unassigned
spaces
10% of total, at
least 5% of
total Level 2
EVSE 100% of
all unassigned
spaces, up to
the number of
dwelling units
20% of total
0%
0% 70% of total
0%
Hotel/Motel 10% of total, at
least 5% of
total Level 2
EVSE
0% 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 3. This Ordinance shall become effective on July 1, 2023.
SECTION 4: The supporting findings for each section amendment is attached as Exhibit A to this Ordinance.
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DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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Exhibit A: Cross-Reference for Supportive Findings and Code Section
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 in meeting 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 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 NVF:CDW:CLS
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DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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, as well as flooding that was the result of atmospheric river conditions requiring monitoring of Ross Creek, the Guadalupe River, and Upper Penitencia Creek as the City experienced in January and February of 2023; 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
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
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Item Number: 6.1(b)
DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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; and
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; and
N. Each of the provisions of the Ordinance are supported by all of the findings A- Z above, without limitation. The provisions of the Ordinance which were not amended remain supported by the findings made upon adoption and are incorporated by reference. The most directly relevant findings for each of the current amendments are itemized as follows:
Supporting Findings
Base Code Amended Supporting Findings
Section 4.106.4.2 New multifamily
dwellings, hotels and motels and new
residential parking facilities
F,G,H, I, J, K, L, M
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DRAFT -- Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.