Cupertino Municipal Code Ch. 16.58 Green Building Standards Code

A. The provisions of the 2025 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code are referred to as if fully set forth in this chapter, and, except as to additions, deletions and amendments hereinafter described, such code are hereby adopted and made a part hereof, the same as if fully set forth in this Chapter.

1. In accordance with California Health and Safety Code Sections 17958.7 and 18941.5, express findings that modifications to the California Green Building Standards Code are reasonably necessary because of local climatic, geological, or topographical conditions are either already on file with the California Building Standards Commission or will be filed prior to the effective date of the ordinance codified in this Chapter.

B. One (1) copy of the code therefor is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and is made available for public inspection.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

No Appendix Chapters from the 2025 California Green Building Standards Code have been adopted.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

The following provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the 2025 California Green Building Standards Code, and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Amend Section 101.1 of the 2025 California Green Building Standards Code to read as follows:

101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as "this code." The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Amend Section 101.3 of the 2025 California Green Building Standards Code to read as follows:

101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this code for the City of Cupertino.

The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately-owned buildings and structures in accordance with the provisions of this Chapter.

It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third party green building program.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Amend Section 101.10 of the 2025 California Green Building Standards Code to read as follows:

101.10 Mandatory requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2025 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1 of the 2025 California Green Building Standards Code to read as follows:

101.10.1 Project Types - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1 Residential projects - as set for in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.1 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.1 Residential new construction - Equal to or less than nine (9) homes - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.2 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.2 Residential new construction - Greater than nine (9) homes or more - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.3 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.3 Major multi-family residential renovations/additions - as set forth in Table 101.10. Requirements shall only apply to the area of renovation/ addition.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.4 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.4 Non-residential new construction, small - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.5 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.5 Non-residential new construction, medium - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.6 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.6 Non-residential new construction, large - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.7 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.7 Non-residential renovations/additions, minor - as set forth in Table 101.10. Requirements shall only apply to the scope of work of renovation/addition.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.8 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.8 Non-residential renovations/additions, major - as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.9 Tenant Improvements. Except as specified herein, the provisions of this code shall apply to the applicable tenant or occupant improvements to a project.

(Ord. 22-2245, part, 2022; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as follows:

101.10.1.1.9 Mixed-Use - as set forth in Table 101.10.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019)

(Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.2 of the 2025 California Green Building Standards Code to read as follows:

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 101.10.2 of the 2025 California Green Building Standards Code to read as follows:

101.10.2 Alternate green building standards. The applicant may request to apply an alternate green building standard for a project in lieu of the minimum standards per Table 101.10. In making a determination in response to an application under this section, the Building Official may allow an alternate standard if he/she finds that the proposed alternative standard complies with all of the following:

A. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials, and healthy building practices;

B. Applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards;

C. Includes a formalized certification process that incorporates third party verification; and

D. The project will advance the purposes of this Chapter.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Amend Section 102.3 of the 2025 California Green Building Standards Code to read as follows:

102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third Party process or City Review per the requirements in Table 101.10. The following lists the verification requirements for Third Party verification, and alternative methods:

A. Third Party Certification. A project will be required to meet the Third Party certification process if the City determines that the project meets or exceeds the applicable thresholds listed in Table 101.10. The applicant shall submit all of the following to the City, in addition to other application requirements, to assist the City in determining compliance with the green building requirements:

1. Planning Application. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits that demonstrates that the proposed project meets the applicable minimum requirements.

2. Building Permit.

a. Proof of project registration with administrating body of the applicable reference standard, and

b. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; that demonstrate that the proposed project meets the applicable minimum requirements, and

3. Green Building Deposit. The green building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(4). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter.

4. Time Limit. Within 18 months of Final Occupancy - Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. The Building Official may grant a one-time 6-month extension.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Added Section 102.3.1 of the 2025 California Green Building Standards Code to read as follows:

102.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. Projects that are exempted from the requirements of the California Green Building Standards Code as amended by the City of Cupertino shall meet the requirement in section A and at least one of the requirements in sections B-D:

A. Projects that demonstrate that it is not feasible for the project to fully meet the green building requirements and that the purposes of this chapter will have been achieved to the maximum extent possible shall be exempted only for the specific rating system prerequisite that has been determined to be infeasible.

B. Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or

C. Projects that demonstrate compliance with this code but which will conflict with the California Building Standards Code; or

D. Projects with atypical energy-related design requirements and/or patterns of use that make compliance with the thresholds of this code infeasible.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Amend Section 202 of the 2025 California Green Building Standards Code to add or amend the following definitions:

Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

Decision maker. The person or entity with final approval authority over the underlying project.

Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:

A. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.

B. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

Green Building Checklist. A checklist, typically with prerequisites and credits and/or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification.

Green Point Rated (GPR). A residential green building rating system developed by Build It Green. Projects can use any of the adopted GPR checklists that most appropriately apply to the project type proposed.

Leadership in Energy and Environmental Design (LEED). A green building rating system developed by the U.S. Green Building Council for residential and non-residential projects. Projects can use any of the adopted LEED checklists that most appropriately apply to the project type proposed.

Minimum Green Building Requirement. The minimum green building requirement that applies to a particular project, as listed in column 2 of Table 101.10.

Required Verification. The standards that correspond to the requirements of a particular green building rating system and project type, as listed in column 3 of Table 101.10, for which verification procedures are fully set forth in Section 102.3.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

Add Section 4.304.1.1 of the 2025 California Green Building Standards Code to read as follows:

Add Section 5.304.1.1 of the 2025 California Green Building Standards Code to read as follows:

Amend Section 4.106.4 of the 2025 California Green Building Standards Code to read as follows:

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 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.

For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in a raceway. 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 branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.

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 Code.

The service panel and subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as “EV READY” in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as “EV READY.”

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)

(Ord. 22-2245, part, 2022; Ord. 19-2193, § 2 (part), 2019; Ord. 25-2278, Att. A (part), 2025)