Brisbane Municipal Code Ch. 15.84 Electric Vehicle Infrastructure

This chapter shall be known as the City of Brisbane Electric Vehicle Infrastructure Ordinance.

(Ord. No. 643, § 7, 12-12-19)

The building official or the building official's designee shall have the authority to enforce the provisions of this chapter.

(Ord. No. 643, § 7, 12-12-19)

The purpose of this chapter is to provide for electric vehicle charging infrastructure as part of new development projects.

(Ord. No. 643, § 7, 12-12-19)

This chapter applies to the permitting of all new residential and new non-residential development projects.

(Ord. No. 643, § 7, 12-12-19)

This chapter does not replace the most recent edition of the California Building Code, Title 24, as adopted by the city in Chapter 15.04 of this code. This Chapter 15.84 amends the state code, to place additional requirements on new residential and nonresidential development projects. To the extent the provisions of this chapter conflict with any current or subsequently adopted state code provisions, then the most stringent provisions shall supersede and control.

(Ord. No. 643, § 7, 12-12-19; Ord. No. 691, § 3, 7-18-24)

For the purposes of this chapter, the following definitions shall apply:

A. EV Capable Parking Space: "EV Capable Parking Space" means a parking space linked to a listed electrical panel with sufficient capacity to provide at least one hundred ten/one hundred twenty (110/120) volts and twenty (20) amperes to the parking space. The following shall be addressed in designating an EV Capable Parking Space:

1. Where, following construction, a parking space would not otherwise be readily linked (or accessible) to the electrical panel, raceways linking the electrical panel and the parking space shall be required in order to be considered EV capable. Determination of linked or accessibility shall be at the discretion of the building official.

2. Inaccessibility (not considered EV Capable) generally includes such cases as, where underground trenching would be required or where penetrations to walls, floors, or other partitions would be required for future installation of branch circuits.

3. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE."

4. Raceways shall be at least one inch in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways.

B. Level 1 EV Ready Circuit Parking Space: "Level 1 EV Ready Circuit Parking Space" means a parking space served by a complete electric circuit with a minimum of one hundred ten/one hundred twenty (110/120) volt, twenty-ampere capacity including electrical panel capacity, overprotection device. The following shall be addressed in designating a Level 1 EV Ready Circuit Parking Space:

1. Raceways shall be a minimum one inch diameter and may be sized for multiple circuits as allowed by the California Electrical Code.

2. Wiring shall be included and either.

a. A receptacle labelled "Electric Vehicle Outlet" with at least a one-half-inch font adjacent to the parking space, or

b. Electric vehicle supply equipment (EVSE).

C. Low Power Level 2 EV Parking Space: "Low Power Level 2 EV Ready Parking Space" means a parking space served by a complete electric circuit with two hundred eight/two hundred forty (208/240) volt, twenty-ampere capacity including electrical panel capacity, overprotection device. The following shall be addressed in designating a Low Power Level 2 EV Ready Parking Space.

1. It is to be a minimum one-inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code.

2. Wiring shall be included and either:

a. A Receptacle labeled "Electric Vehicle Outlet" with at least a one-half-inch font adjacent to the parking space; or

b. Electric vehicle supply equipment (EVSE) with a minimum output of fifteen (15) amperes.

D. Level 2 EV Ready Circuit Parking Space: "Level 2 EV Ready Circuit Parking Space" means a parking space served by a complete electric circuit with two hundred eight/two hundred forty (208/240) volt, forty-ampere capacity including electrical panel capacity, overprotection device. The following shall be addressed in designating a Level 2 EV Ready Circuit Parking Space:

1. It is to be a minimum one-inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code.

2. Wiring shall be included and either:

a. A receptacle labelled "Electric Vehicle Outlet" with at least a one-half-inch font adjacent to the parking space, or

b. Electric vehicle supply equipment (EVSE) with a minimum output of thirty (30) amperes.

E. Electric Vehicle Charging Station (EVCS): "Electric Vehicle Charging Station (EVCS)" means a parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum output of thirty (30) amperes connected to a Level 2 EV Ready Circuit. EVCS installation may be used to satisfy a Level 2 EV Ready Circuit requirement.

F. Electric vehicle supply equipment (EVSE): "Electric Vehicle Supply Equipment (EVSE)" means the conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

G. New Development or New Construction: "New development or new construction" means construction or reconstruction of a principal structure on a site, to which the parking standards provided in Chapter 17.34 would be applied. Based on the building official's determination, it may include buildings that have been substantially demolished and reconstructed consistent with Chapter 17.38—Nonconforming Uses and Structures.

H. Parking Space: "Parking Space" means an area designed and marked for parking an automobile and recognized by the building official towards meeting the minimum parking standards for a site as set forth in Chapter 17.34.

I. Unassigned or Common Use Parking: "Unassigned or Common Use Parking" means parking spaces in a residential parking facility that are not reserved for or assigned to a specific living unit within the building or residence, including guest, staff, or other non-resident parking.

(Ord. No. 643, § 7, 12-12-19; Ord. No. 691, § 3, 7-18-24)

New residential construction shall comply with the following:

A. New Single-Family Residences, Duplexes, Townhouses, and New Garages at Existing Single-Family Residences, Duplexes, and Townhouses.

1. Electric Vehicle (EV) Standards:

a. For each dwelling unit where two (2) or more parking spaces are required, at least one Level 2 EV Ready Circuit and one Level 1 EV Ready circuit is to be installed.

b. Where only one parking space is required per dwelling unit as provided in Chapter 17.34, only one Level 2 EV Ready circuit shall be required to be installed.

2. Exceptions: The following exceptions apply, subject to building official approval:

a. Carports without electrical service.

b. A reduction in the EV standards may be allowed if requested in writing by the applicant based on demonstration that the provisions of this section would render the development project infeasible due to associated utility costs. Documentation is to take into account short term and long term cost analysis to the satisfaction of the building official.

B. New Multifamily Dwellings. The following shall apply to multifamily developments whether parking spaces are assigned or unassigned to individual units:

1. EV Standards:

a. A minimum of one Level 2 EV Ready Circuit Parking Space per unit shall be provided; and

b. A minimum of ten percent (10%) of the spaces required in paragraph a above shall be equipped with Level 2 EVSE; and

c. A minimum of fifty percent (50%) of required guest parking spaces shall be EVCS parking spaces.

d. In no case shall less than forty percent (40%) of the total parking spaces provided be EV Ready or EVSE.

2. Receptacle Power Source. EV charging receptacles and EVSE in multifamily facilities shall be provided with a dedicated branch circuit connected to the dwelling unit's electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

a. Exceptions: Unassigned or guest parking spaces and areas of parking facilities served by lifts, including, but not limited to, automated mechanical-access open parking garages as defined by the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.

3. Rounding. Calculations for the required minimum number of spaces equipped with Level 2 EVSE and EVCS parking spaces shall all be rounded up to the nearest whole number.

4. Exceptions: The following exceptions apply, subject to building official approval:

a. Where less than one parking space per unit is required as provided in Chapter 17.34, the Level 2 EV Ready Circuit parking space requirements shall apply only to the parking required as provided in Chapter 17.34. This subparagraph does not alter the required minimum number of parking spaces as provided in Chapter 17.34.

b. When more than twenty (20) multifamily dwelling units are constructed, load balancing systems may be installed. In such cases, the panel capacity must average a minimum of sixteen (16) amperes per EV space. Load balancing systems may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum required.

c. A reduction in the EV standards may be allowed, if requested in writing by the applicant based on demonstration that the provisions of subsection B would render the development project infeasible due to associated utility costs. However, the maximum feasible amount of EV infrastructure shall be provided. Documentation is to take into account short term and long term cost analysis to the satisfaction of the building official.

(Ord. No. 643, § 7, 12-12-19; Ord. No. 682, § 1, 6-15-23; Ord. No. 691, § 3, 7-18-24)

New nonresidential construction shall comply with the following provisions:

A. Building Uses with Lower Parking Turnover Rates: For buildings designed for primarily low parking turnover uses, such as administrative office, R&D, industrial, hotels and school uses, the following provisions apply to construction of new buildings, as determined by the building official. These building uses typically have longer average parking durations as compared to those included in Section 17.84.080.B.

1. EV Standards:

a. When ten (10) or more parking spaces are required, a total of fifty percent (50%) of the parking spaces required per Chapter 17.34 shall be EV, as follows:

i. Fifteen percent (15%) of the required parking spaces on site shall be equipped with Level 2 EVCS;

ii. An additional thirty-five percent (35%) of the required parking spaces on site shall be provided with at least Low Power Level 2 EV Ready Circuits.

b. When nine (9) or fewer parking spaces are required, at least one Level 2 EV Ready Circuit Parking Space or EVCS must be provided.

c. Rounding: Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Low Power Level 2 EV Ready spaces shall all be rounded up to the nearest whole number.

2. Exceptions: No change

B. Building Uses with Higher Parking Turnover Rates: The following provisions apply to construction of new buildings designed for the primary uses of restaurant, retail, meeting halls, gyms, commercial recreation, professional office and similar, as determined by the Building Official. These building uses typically have shorter average parking durations as compared to those included in Section 17.84.080.A.

1. EV Standards:

a. When ten (10) or more parking spaces are required, a total of twenty-five percent (25%) of the parking spaces required per Chapter 17.34 shall be EV, as follows:

i. Fifteen percent (15%) of the required parking spaces on site shall be equipped with Level 2 EVCS;

ii. An additional ten percent (10%) shall be at least Level 2 EV Ready.

b. When nine (9) or less parking spaces are required, at least one Level 2 EV Ready Circuit Parking Space or EVCS must be provided.

c. Rounding: Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 2 EV Ready spaces shall be rounded up to the nearest whole number.

2. Exceptions: No change.

(Ord. No. 643, § 7, 12-12-19; Ord. No. 691, § 3, 7-18-24)