CC Resolution No. 13-095 Making Findings Relating to Local Climatic, Geographical or Topographical Conditions Supporting Amendments and Changes to the 2013 CA State Building Standards Code RESOLUTION NO. 13-095
A RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO
MAKING FINDINGS RELATING TO LOCAL CLIMATIC, GEOGRAPHICAL, OR
TOPOGRAPHICAL CONDITIONS SUPPORTING AMENDMENTS AND CHANGES TO
THE 2013 CALIFORNIA STATE BUILDING STANDARDS CODE
WHEREAS, the City Council of the C::ty of Cupertino, intends to pass an ordinance
adopting the California Building Standards Code which consists of the 2013 editions of the
California Building Code, Plumbing Code, Mechanical code, Electrical Code, Fire Code; the 1997
Uniform Housing Code, and making modifications and changes thereto; and
WHEREAS, the California Health and Safety Code Sections 17958, 17958.5 and 17958.7
require the governing body of a city, before malting any modification or changes to the California
Building Standards Code, to make an express finding that such modifications or changes are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, as more specifically set forth in the memorandum of Albert Salvador, the
City's Building Official, a departure from the Building Standards Code is reasonably necessary
due to local climatic, geological, or topographical conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CUPERTINO
THAT:
1. The City Council hereby finds the following facts to be true:
A. The Bay Area region is a densely populated area with buildings constructed over and
near a vast array of fault systems capable of producing major earthquakes, including,
but not limited to the recent 1989 Loma Prieta Earthquake;
B. Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run through the
Resolution No. 13-095
Page 2
lower foothills and the Monta Vista Fault is closer to the valley floor area. The
Hayward fault is North East of the City which would also presents a risk to Cupertino
in the event of an earthquake;
C. Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential projects;
D. Cupertino is divided by major freeways and expressways, the occurrence of a major
earthquake could impact the ability of fire crews to respond to emergencies should one
or more of the freeways or expressways collapse, be substantially damaged, or become
gridlocked;
E. Fire suppression capabilities would be severely limited should the water system be
damaged during an earthquake;
F. Cupertino experiences low humidity, high winds and warm temperatures during the
summer months creating conditions which are particularly conducive to the ignition
and spread of grass, brush and structural fires;
G. Cupertino's topography contains remote, steep hillsides which further limits the ability
of emergency responders to extinguish or control wildland or structural fires;
H. The local geographic, topographic and climatic conditions require amendments to the
California Codes to establish more restrictive conditions to improve structural integrity
of the buildings in the event of a seismic incident and provide other protections to
protect against the increased risk of fire.
2. The City Council hereby finds the following facts from prior exceptions to the Code to
continue to be true:
A. The waste water treatment facilities serving Silicon Valley cities are operating at or near
maximum capacity. The discharge of treated waste water into San Francisco Bay is
detrimental to its sensitive ecosystem; and
B. Cooling coil and comfort cooling equipment condensate waste discharge does not
contain pollutants which require treatment before being discharged into sanitary sewers
or the ground.
Resolution No. 13-095
Page 3
3. Based on the above facts, the City Council makes the following finding: that Cupertino's
local geographic, topographic and climatic conditions require amendments to the
California Codes to establish more restrictive conditions to improve structural integrity
of the buildings in the event of a seismic incident, provide other protections to protect
against the increased risk of fire, and :protect the San Francisco Bay as more specifically
set forth in the memorandum from Albert Salvador, the City's Building Official and as
summarized in the chart attached herE,to as Exhibit "A".
4. Based on the above finding, the City Council determines that it is necessary to make
local amendments to the California Codes based upon the local conditions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of November, 2013 by the following vote:
Vote Members of the City Council
AYES: Mahoney, Chang, Santoro, Sinks
NOES: None
ABSENT: Wong
ABSTAIN: None
ATTEST: APPROV D:
Grace Schmildt Orrin Mahoney
City Clerk 11 �� 3 Mayor, City of Cupertino
EXHIBIT A
MATRIX TABLE FOR JUSTIFICATION AND FINDINGS FOR LOCAL AMENDMENTS
MUNICIPAL TITLE ADDED DELETED AMENDED JUSTIFICATION
CODE TO FROM FROM
SECTION CALIF. CALIF. CALIF.
CODE CODE CODE
New Chapter to consolidate all Administrative requirements adopted.
Chap 16.02 X
This section previously existed in the Municipal Code. Only a reference change is
16.04.010 X
made to reference the 2013 California Building Code.
This section previously existed in the Municipal Code. This section modifies the
16.04.015 CBC by adopting specific appendix chapters in the code. Only a reference change is X
made to reference the 2013 California Electrical Code.The 2013 California
Referenced Standards Code is also included in this adoption cycle.
16.04.020& These sections were moved to the new Administrative Chapter(16.02)of the X
-
16.04.030 1v1ult1Q dl%_uUtn �
Regulations for proper address identification already exist in the Municipal Code.
16.04.050 The CBC,however,also has regulations regarding address identification. The X
adoption and revisions to Section 501.2 referenced in the Municipal Code brings
Cupertino more in line with the model code. A
This section primarily applies to one-and two-family dwellings and,therefore,was
16.04.060 X
relocated to the Residential Code under 16.06.085.
16.04.070 Regulations previously existed in the Municipal Code. Per City Attorney's request, X
the actual code language is added into the Municipal Code.
16.04.080 A reference change to the 2013 Code is made. X
This section is omitted in new ordinance because these regulations can now be found
16.04.110 in the referenced ASCE standards. ASCE 7-05 is adopted by reference throughout ADOPTED PER CODE
Chapter 16 of the CBC.
16.04.130& These sections were moved to the new Administrative Chapter(16.02)of the X
16.04.160 Municipal Code.
16.04.340 The reference change to the 2013 Code is made. Also,per City Attorney's request, X
the actual code language is added into the Municipal Code.
16.04.350 This section is omitted in new ordinance because these regulations can now be found ADOPTED PER CODE
in the referenced ASCE standards. ASCE 7-05 is adopted by reference throughout
Chapter 16 of the CBC.
The reference change to the 2013 Code is made. Also,the code section and the Table
16.04.360 X
number is changed due to its change in the 2013 CBC.
16.04.370 No change to the requirements of this section,however,the CBC referenced sections X
were chan ed due to the change in the new code.
The swimming pool regulations in CBC Section 3109 is adopted to be consisted with
the State Code and to be more uniform with surrounding jurisdictions. Chapter
16.04.400 16.32 is now omitted from the Municipal Code,however,certain sections of the X
chapter that are not addressed in the CBC are placed in this new section.These
additional Swimming Pool regulations are moved to 16.04.400.
This section previously existed in the Municipal Code. Only a reference change is
16.06.010 X
made to reference the 2013 California Residential Code.
This section previously existed in the Municipal Code. This section modifies the
16.06.015 CBC by adopting specific appendix chapters in the code. Only a reference change is X
made to reference the 2013 California Residential Code.
No change other than minor reference changes were made to be consistent with the
16.06.050 X
2013 California Code.
This amendment existed in the previous Municipal Code. Only a reference change is
16.06.060 made to be consistent with the new section in the 2013 CRC Code. Also,per City X
Attorney's request,the actual code language is added into the Municipal Code.
16.06.070& No change other than minor reference changes were made to be consistent with the X
16.06.080 2013 California Code.
This section regulating spark arrestors was originally in the Cupertino Municipal
16.06.085 Code in Section 16.04.060. This section was relocated to the Residential Code X
without any changes to the language of the text.
There is no change to this section,however,the findings for this amendment,
introduced in the last code cycle,is included here for reference.
16.06.090 X B
This proposed amendment to the CRC is made to be consistent with TUCC
amendment which that modifies the plain concrete provisions in CBC Section
1905.1.8 and ACI 318 Section 22.10.1.
This amendment existed in the previous Municipal Code. Only a reference change is
16.06.100 made to be consistent with the new section and table in the 2013 CRC Code. The X B
amendment modifies the CBC and CRC to limit the use of gypsum wallboard and
Portland cement or stucco as shearwalls.
Because this chapter specifically relates to subdivisions,the term "SUBDIVISONS"is
added to the title for clarity.
Chap 16.12 X
Appeals section of Chapter 16.12 is now referenced in the Administration Chapter in
16.02.
This section previously existed in the Municipal Code. Only a reference change is
made to reference the 2013 California Electrical Code.
Chap 6.16 This section also modifies the California Electrical Code by adopting specific X
P appendix chapters in the code.
Appeals section of Chapter 16.16 is now referenced in the Administration Chapter in A
16.02.
This section previously existed in the Municipal Code. Only a reference change is
16.20.010 X
made to reference the 2013 California Plumbing Code.
This section previously existed in the Municipal Code. This section modifies the
CBC by adopting specific appendix chapters in the code. A reference change is
made to reference the 2013 California Plumbing Code. Also,Alternate Plumbing
16.20.015 ' Gxrrtam z Ar n anriix is mnup(i #n Annandix C'and Private Sewage Disnosal Svstems is X
moved to Appendix H to be consistent with the new code. The appendix for
Gra water Systems was removed from the code.
16.20.020 Minor reference change and clarification is made. X
This section currently exists in the Municipal Code. Only a reference change and
16.20.080 X C
minor clarifications are made to reference the 2013 California Plumbing Code.
16.20.100, These sections were moved to the new Administrative Chapter(16.02)of the
16.20.110,& Municipal Code. X
16.20.120
16.24.010 This section previously existed in the Municipal Code. Only a reference change is X
made to reference the 2013 California Mechanical Code. A
This section previously existed in the Municipal Code. This section modifies the
16.24.015 CBC by adopting specific appendix chapters in the code. Only a reference change is X
made to reference the 2013 California Mechanical Code.
16.24.020 Minor reference change and clarification is made. X
This section currently exists in the Municipal Code. Only a reference change and
16.24.030 X C
minor clarifications are made to reference the 2013 California Mechanical Code.
16.24.060, These sections were moved to the new Administrative Chapter(16.02)of the
16.24.070,& Municipal Code. X A
16.24.080
Chapter is removed in its entirety. The Swimming Pool requirement section is
Chap 16.32 added to Section 16.04.400 of the Municipal code and referenced to adopt Section X
3109 of the 2013 California Building Code.
16.36.010 Definition of'Building'is revised to be consistent with the 2013 California Building X
Code.
16.36.020 Minor clarification is made. X
16.36.030, Minor change to clarify procedure.
16.36.040,& X
16.36.050
16.36.055& No Change.
16.36.060
16.36.070 Minor change to clarify procedure. X
16.36.080, No Change.
16.36.090,
16.36.100,&
16.36.110
16.36.120 Minor change to clarify procedure. X
This section was moved to the new Administrative Chapter(16.02)of the Municipal
16.36.130 Code. X
Chap 16.40 Due to the extensive code section changes to the 2013 California Fire Code,the entire
Chapter(Chapter 16.40) is being repealed and replaced in its entirety.
16.40.010 This section previously existed in the Municipal Code,however,the wording was X
revised to be more consistent with the remainder of the code.
This section previously existed in the Municipal Code. This section modifies the
CBC by adopting specific appendix chapters in the code. A reference change is
made to reference the 2013 California Fire Code. The new Appendix K in the Fire
Code is adopted.
16.40.015 X
Fire agencies in Santa Clara County wrote this standard several years ago and have
been enforcing this.The International Fire Code took this standard and placed it in
the code.We are adopting the new Appendix,but again have used this as
regulations for several years.
16.40.020 The reference change to the 2013 Code is made. X
16.40.065 Section 105 Permits: "Added" construction permits for compressed gases and X
cryogenic fluids.In previous edition adoption,the construction permit requirements
were imbedded in the"operational permits."This is not new,but relocated.
Also,added operational permit for radioactives.This was missed in the transition
from the UFC to IFC adoption process.It is part of the Cupertino's Hazardous
Materials Storage Ordinance.
Definitions:Nothing new here,except the 2012/2013 codes relocated all definitions in
16.40.070 this section.This means all of our previous amended/added definitions are now X
located in Chapter 2.
16.40.080 The reference change to the 2013 Code is made. Fire Code Section 311.5 was not X
adopted b the Fire Prevention Officers.
16.40.090& Chapter 4 of the CFC was not adopted by the Fire Prevention Officers. X
16.40.100
16.40.110 This section was just a title reference and omitted from new ordinance.
Remove amendment to Section 503.1.1 to be consistent with code language as
7 a b..L':«„Pry orti�n Officers. Alga Traffic(almino Tlevices were
iv.� V.i�V ri,Cvi:iiCnu._u Y .... .e.en , --D I I 1
removed as an amendment because it was added to the Fire Code(CFC 503.4.1).
16.40.130& Reference changes were made to be consistent with the 2013 California Fire Code.
16.40.140 X
Remove the amendment regarding Emergency responder radio coverage in
16.40.150 buildings to be consistent with code language as recommended by Fire Prevention X
Officers.
16.40.160 This section was just a title reference and omitted from new ordinance.
16.40.180,& No changes made.
No changes made.
16.40.190
Exceptions were removed from previous Municipal Code and added back in this
16.40.195 X
code cycle per the recommendation from the Fire Prevention Officers.
The Fire Marshals throughout the county are trying to be as consistent as possible to
the public at large.Item#1 has been reworded to specifically reflect residential
16.40.210 X
buildings will be sprinklered in accordance with the Residential Code. Also,an
exemption has been added for certain types of non-combustible parking garages.
16.40.220 This section was just a title reference and omitted from new ordinance.
16.40.225& Reference changes were made to be consistent with the 2013 California Fire X
16.40.230 Code.
16.40.240& Definitions are moved to section 16.40.070(Chap 2)to follow consistency of code. X
16.40.250
16.40.260, Remove amendments per recommendations by the Fire Prevention Officers.
16.40.270 X
16.40.280 New requirements for Lumberyards and Woodworking Facilities were added as X
recommended by the Fire Prevention Officers.
16.40.290 This section was just a title reference and omitted from new ordinance.
The Hazardous Materials sections 16.40.300 through 16.40.330 was moved to
16.40.300,
16.40.355 through 16.40.365.
16.40.310, And replaced with the requirements for Wildland-Urban Interface Fire Areas of X
16.40.320, Sections 16.40.300 through 16.40.350. There is nothing new in the Wildland Urban
16.40.330
Interface Fire Area section other than items were removed that are covered in other
sections of the 2013 California Fire Code.
16.40.340 Reference changes were made to be consistent with the 2013 California Fire
through Code. X
16.40.430
16.40.460 The Wildland Urban Interface section was relocated to Municipal Code Sections
Through 16.40.300 through 16.40.350 to organize the Municipal Code in a sequential order.
16.40.650
Chap 16.54 & Reference changes were made to be consistent with the 2013 California Energy Code
Chap 16.58 and Green Building Standards Code X
KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS
A This amendment is necessary for administrative clarification and does not modify a Building Standard pursuant to California Health and Safety Code
Sections 17958. This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of
Cupertino.
B This proposed amendment addresses the problem of poor performance of plain or under-reinforced concrete footings during a seismic event.This
amendment reflects the recommendations by the Structural Engineers Association of Southern California(SEAOSC)and the Los Angeles City Joint
Task Force that investigated the poor performance of plain and under-reinforced concrete footings observed in 1994 Northridge earthquake and based
on the following:
1. The San Francisco Bay area is densely populated and located in an area of high seismic activity. Cupertino is bounded by the Hayward and San
Andreas faults capable of producing major earthquakes.
2. Concern for fire-life safety associated with a structural failure due to a seismic event considering the increasing number of buildings in the region,
the use of new structural systems,the poor performance of certain materials,and the quality of construction.
3. 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 to meet the fire life-safety needs of the community.
4. The local geographic,topographic and climatic conditions pose an increase hazard in acceleration,spread,magnitude and severity of potential fires
in the City of Cupertino,and may cause a delayed response from emergency responders,allowing further growth of the fire.
C The waste water treatment facilities serving many silicon valley cities are operating at or near maximum capacity. The discharge of treated waste
water into San Francisco Bay is detrimental to its sensitive ecosystem.
Cooling coil and comfort cooling equipment condensate waste discharge does not contain pollutants which require treatment before being discharged
into sanitary sewers or the ground.