This chapter shall be known and may be cited and referred to as the "Green Building Code for the City of Sunnyvale."
(Ord. 3168-20 § 2)
The "2022 California Green Building Standards Code" adopted by the State Building Standards Commission in California Code of Regulations (CCR) Title 24, Part 11 is hereby adopted by reference, with changes and modifications as hereinafter set forth, as the green building code of the city of Sunnyvale.
(Ord. 3168-20 § 2; Ord. 3202-22 § 43)
(a) 
2022 California Green Building Code Section 4.503 is amended to read as follows:
Section 4.503.1. Fireplaces. Any installed wood stove or pellet stove shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable and shall have a permanent label indicating they are certified to meet the emission limit.
This section shall not apply to the repair, reconstruction or replacement of any lawful, existing wood-burning appliance.
(1) 
Coal;
(2) 
Garbage;
(3) 
Glossy or colored paper;
(4) 
Paint;
(5) 
Paint solvent;
(6) 
Particle board;
(7) 
Plastic or items made from plastic;
(8) 
Rubber or items made from rubber;
(9) 
Salt water driftwood;
(10) 
Treated wood; and
(11) 
Waste petroleum products.
(b) 
2022 California Green Building Code Section 5.503.1 is amended to read as follows:
Section 5.503 Fireplaces. Install only a direct-vent sealed or pellet stove. Any installed pellet stove shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits. Pellet stoves and fireplaces shall also comply with applicable local ordinances.
This section shall not apply to the repair, reconstruction or replacement of any lawful, existing wood-burning appliance.
It is unlawful to burn the following in any fireplace or wood-burning appliance:
(1) 
Coal;
(2) 
Garbage;
(3) 
Glossy or colored paper;
(4) 
Paint;
(5) 
Paint solvent;
(6) 
Particle board;
(7) 
Plastic or items made from plastic;
(8) 
Rubber or items made from rubber;
(9) 
Salt water driftwood;
(10) 
Treated wood; and
(11) 
Waste petroleum products.
(Ord. 3168-20 § 2; Ord. 3202-22 § 44)
2022 California Green Building Code Section 201 (Definitions) is hereby amended by adding the following definitions:
Electric vehicle (EV) capable space.
A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least 1″ in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways.
Level 1 electric vehicle (EV) ready space.
A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1″ diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labeled "Electric Vehicle Outlet" with at least a ½″ font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).
Level 2 electric vehicle (EV) ready space.
A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1″ diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labeled "Electric Vehicle Outlet" with at least a ½″ font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.
Level 3 electric vehicle (EV) ready space.
A parking space served by a complete electric circuit with at least a 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1″ diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labeled "Electric Vehicle Outlet" with at least a ½″ font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.
Electric vehicle charging station (EVCS).
A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.
Level 3 electric vehicle charging station (EVCS).
A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 40 amperes connected to a circuit serving a Level 3 EV Ready Space. EVCS installation may be used to satisfy a Level 3 EV Ready Space requirement. As applied to this code, a Level 3 shall be SAE J1772 (IEC Type 1) or alternative approved by the chief building official.
Automatic load management systems (ALMS).
(ALMS) A control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 3.3kW to each EV Capable, EV Ready or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per the 2022 California Green Building Code for the relevant building types.
(Ord. 3168-20 § 2; Ord. 3202-22 § 46)
Any project that has submitted a complete application for a planning or building entitlement prior to January 1, 2021, is not required to comply with Sections 16.43.040 through 16.43.050.
(Ord. 3202-22 § 45)
(a) 
2022 California Green Building Code Section 4.106.4 (Electric vehicle (EV) charging for new construction) is hereby amended to read as follows:
4.106.4. Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
Exceptions:
1. 
Where there is no local utility power supply.
2. 
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities, unless the electrical panel is upgraded, or a new panel is installed in which case only the electrical capacity requirements apply.
3. 
Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
(b) 
2022 California Green Building Code Section 4.106.4.1 (New one- and two-family dwellings and townhouse units with attached private garages) is hereby amended to read as follows:
4.106.4.1. New one- and two-family dwellings and townhouse units with attached private garages.
1. 
In private garages with two or more parking spaces, install a Level 2 EV Ready Space and Level 1 EV Ready Space.
2. 
In private garages with only one parking space, install a Level 2 EV Ready Space.
3. 
In each carport space assigned to a dwelling unit, install a Level 2 EV Ready Space.
4. 
For parking spaces not assigned to a dwelling unit:
a. 
30% of the unassigned parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number.
b. 
In addition, each remaining unassigned parking space(s) shall be provided with at least a Level 1 EV Ready Space.
(c) 
2022 California Green Building Code Section 4.106.4.1.1 (Identification) is hereby amended to read as follows:
4.106.4.1.1. Identification. The raceway termination location shall be permanently and visibly marked as "Level 2 EV-Ready."
(d) 
2022 California Green Building Code Section 4.106.4.2 (New multifamily dwellings, hotels and motels and new residential parking facilities) is hereby amended to read as follows:
4.106.4.2. New multifamily dwellings. The following requirements apply to all new multifamily dwellings:
1. 
30% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number.
2. 
In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 1 EV Ready Space.
Notes:
1.
ALMS may be installed to decrease electrical service and transformer costs associated with EV Charging Equipment subject to review of the authority having jurisdiction.
2.
Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.
3.
The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.
4.
If a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 for each parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.
5.
All accessible parking spaces for covered newly constructed multifamily dwellings shall provide Level 1 EV Ready Space or Level 2 EV Ready Spaces.
(e) 
The following sections of the 2022 California Green Building Code Section are deleted in their entirety: 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 rooms), 4.106.4.2.2 (Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms), 4.106.4.2.3 (EV Space Requirements), 4.106.4.2.4 (Multiple EV spaces required), 4.106.4.2.4 (Identification), and 4.106.4.2.5 (Electric Vehicle Ready Space Signage).
(f) 
2022 California Green Building Code Section 4.106.4.3 (Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings) is hereby amended to read as follows:
4.106.4.3 New Hotels and Motels: In residential new construction buildings designated primarily for hotel and motel use with parking:
1. 
20% of parking spaces shall be provided with at least one Level 2 Ready Space. Calculations for the required minimum number of Level 2 Ready Space shall be rounded up to the nearest whole number.
2. 
An additional 50% shall be provided with at least EV Capable.
Calculations for the required minimum number of spaces equipped with Level 2 Ready Space and EV Capable spaces shall all be rounded up to the nearest whole number.
Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1″ and sufficient for installation of Level 2 Ready Space and all required EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
Notes:
1.
ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.
(g) 
2022 California Green Building Code Section 4.106.4.2.2.1 (Electric vehicle charging stations (EVCS)) is hereby amended to read as follows:
4.106.4.2.2.1 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by 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.
(h) 
Section 4.106.4.3 (Electric vehicle charging for additions and alterations of parking facilities serving existing multi-family buildings) of the 2022 California Green Building Code shall be amended to Section 4.106.4.4 (Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings).
(Ord. 3168-20 § 2; Ord. 3202-22 § 47)
(a) 
2022 California Green Building Code Section 5.106.5.3 (Electric vehicle (EV) charging) is hereby amended to read as follows:
5.106.5.3. Electric vehicle (EV) charging. New construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1.
Exceptions:
1. 
Where there is no local utility power supply.
2. 
Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
(b) 
2022 California Green Building Code Section 5.106.5.3.1 (EV capable spaces) is hereby amended to read as follows:
5.106.5.3.1. Office buildings: In nonresidential new construction buildings designated primarily for office use with parking:
1. 
35% of parking spaces shall be provided with at least one Level 2 EVCS. Calculations for the required minimum number of Level 2 EVCS shall be rounded up to the nearest whole number.
2. 
An additional 35% shall be provided with at least EV Capable.
Calculations for the required minimum number of spaces equipped with Level 2 EVCS and EV Capable spaces shall all be rounded up to the nearest whole number.
Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1″ and sufficient for installation of EVCS at all required EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
Notes:
1.
ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.
(c) 
2022 California Green Building Code Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS)) is hereby amended to read as follows:
5.106.5.3.2. Other nonresidential buildings. In nonresidential new construction buildings that are not designated primarily for office use, such as retail or institutional uses:
1.
35% of the available parking spaces on site shall be equipped with Level 2 EVCS;
2.
An additional 35% shall be at least EV Capable.
3.
A Level 3 EVCS (Direct Current Fast Charger) shall be provided for every 100 spaces on site or fraction thereof.
Calculations for the required minimum number of spaces equipped with Level 2 and Level 3 EVCS and EV Capable shall be rounded up to the nearest whole number.
Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS spaces after a minimum of 6 Level 2 EVCS are installed.
Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1″ and sufficient for installation of EVCS at all required EV Capable spaces; electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVCS.
Notes:
1.
ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.
(d) 
2022 California Green Building Code Section 5.106.5.3.3 (Use of automatic load management systems (ALMS)) is hereby amended to read as follows:
5.106.5.3.3. Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.
Notes:
1.
The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.
2.
See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.
3.
The Governor's Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf.
4.
Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1.
5.
It is encouraged that shared parking, EV Ready are designated as "EV preferred."
(e) 
2022 California Green Building Code Section 5.106.5.3.4 is deleted in its entirety.
(Ord. 3168-20 § 2; Ord. 3202-22 § 48)