CC Resolution No. 16-115 Making Findings Relating to Local Climatic, Geographical, or Topographical Conditions Supporting Amendments and Changes to The 2016 California Building Standards CodeRESOLUTION NO. 16-115
A RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO
MAKING FINDINGS RELATING TO LOCAL CLIMATIC, GEOGRAPHICAL, OR
TOPOGRAPHCIAL CONDITIONS SUPPORTING AMENDMENTS AND CHANGES TO
THE 2016 CALIFORNIA BUILDING STANDARDS CODE.
WHEREAS, the City Council of the City of Cupertino, intends to pass an ordinance
adopting the California Building Standards Code which consists of the 2016 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 making 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. 16-115
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lower foothills and the Mon ta 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 mor,e 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.
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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 hereto 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
1st day of November 2016 by the following vote:
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paut Sinks, Wong
None
Chang
None
APPROVED:
k~
Grace Schmidt, City Clerk Savita Vaidhyanathan, Vice ¥ayor,
City of Cupertino
Resolution N o. 16-115
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EXHIBIT A
MATRIX TABLE FO R JU STIFICATI O N AND FINDING S FOR LOCAL AMENDMENTS
MUNICIPAL TITLE ADDED DELETED AMENDED
CODE TO FROM FROM
SECTION CALIF. CALIF. CALIF.
CODE CODE CODE
16.02.010 These sections previously existed in the Municipal Code.
through X
16.02.030
This section previously existed in the Municipal Code.
16.02.040 Only a reference change is made to reference the 2016 X
California Building Code.
This section previously existed in the Municipal Code. A
reference change is made to reference the 2016 California
16.02.05 0 Building Code. The California Building Code added X
language for Substantial Improvements in Flood Hazard
zones.
16.02.060 These sections previously existed in the Municipal Code.
through Only a reference change is made to reference the 2016 X
16.02.150 California Building Code. .
16.02.200
This section for submittal documents was added from the X Administrative sections of the California Building Code.
16.02.240
These sections previously existed in the Municipal Code.
Only a reference change is made to reference the 2016 X
16.02.250 California Building Code.
This section previously existed in the Municipal Code for
16.02.260 inspection requirements but revised to include the entirety X
of Section [ A] 110 of the 2016 California Building Code.
JUSTIFICATION
A
Resolution No . 16-115
Pages
16.02.270 These sections previously existed in the Municipal Code.
through Only a reference change is made to reference the 2016
16.02.300 California Building Code.
This section previously existed in the Municipal Code.
16.04 .010 Only a reference change is made to reference the 2016
California Building Code.
This section previously existed in the Municipal Code. This
16.04.015 section modifies the CBC by adopting specific appendix
chapters in the code. Only a reference change is made to
reference the 2016 California Building Codes.
Regulations for proper address identification already exist
in the Municipal Code. The CBC, however, also has
16.04.050 regulations regarding address identification. The adoption
and revisions to Section 501.2 referenced in the Municipal
Code brings Cupertino more in line with the model code.
16.04.070 These sections previously existed in the Municipal Code.
Only a reference change is made to reference the 2016
16.04.080 California Building Code.
This section previously existed in the Municipal Code. A
reference change is made to reference the 2016 California 16.04.200 Building Code. Also, the municipal code section changed
from 16 .04.360 to 16.04.200 .
This section previously existed in the Municipal Code. A
reference change is made to reference the 2016 California
16 .04 .210 Building Code. Also, the municipal code section changed
from 16.04.370 to 16.04.210.
This section previously existed in the Municipal Code. A
16.04.220 reference change is made to reference the 2016 California
Building Code. Also, the municipal code section changed
from 16.04 .340 to 16.04.220. Item 1 is not allowed is
X
X
X
X
X
X D
X E
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Cupertino's Seismic Design category, D2 .
The swimming pool regulations in CBC Section 3109 is
adopted to be consisted with the State Code and to be more
16.04.400 uniform with surrounding jurisdictions. This section
previously existed in the Municipal Code. A reference
change is made to reference the 2016 California Building
Code.
This section previously existed in the Municipal Code.
16.06.010 Only a reference change is made to reference the 2016
California Residential Code.
This section previously existed in the Municipal Code. This
16.06.015 section modifies the CBC by adopting specific appendix
chapters in the code. Only a reference change is made to
reference the 2016 California Residential Code.
Fire sprinkler systems have been required by policy for the
rebuild of existing homes. Clarification of this requirement
is added in this section. Also, based on new requirements
16.06 .050 per Government Code Section 65852.2 for Accessory
Dwelling Units, language has been added to waive Fire
Sprinkler requirements for ADU's when the primary
residence is not equipped with one.
This amendment existed in the previous Municipal Code.
16.06.060 Only a reference change is made to be consistent with the
new section in the 2016 California Residential Code.
16.06.070 No change other than minor reference changes were made
to be consistent with the 2016 California Code.
There is no change to this section, however, the findings for
16.06.080 this amendment, introduced in the last code cycle, is
included here for reference.
A
X
X
X
X
X
X
X B
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This proposed amendment to the CRC is made to be
consistent with TUCC amendment that modifies the plain
concrete provisions in CBC Section 1905.1.7 and ACI 318
Section 14.1.4.
16.06.090 & No change other than minor reference changes were made
16.06.100 to be consistent with the 2016 California Code.
This amendment existed in the previous Municipal Code.
Only a reference change is made to be consistent with the
new section and table in the 2016 CRC Code. The
amendment modifies the CBC and CRC to limit the use of
gypsum wallboard and Portland cement or stucco as
shearwalls.
16.06.110 The proposed amendment addresses the problem of poor
performance of gypsum wallboard and Portland cement
plaster as wall bracing materials in high seismic areas. 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 these bracing materials that were
observed in 1994 Northridge earthquake.
16.16.010 & These sections previously existed in the Municipal Code. Only a
16.16.020 reference change is made to reference the 2016 California Electrical
Code.
Language from the previous code is revised to reflect when a general
16.16.030 building contractors are allowed to do electrical work. The municipal
code is now consistent with the requirements of the Business and
Professions Code Section 7057(b).
X A
X B
X
A
X
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16 .16 .0 40 These sections previously existed in the Municipal Code with no
throug h change
16 .16.060
16.2 0.010 & This section previously existed in the Municipal Code. Only a
16.20.015 reference change is made to reference the 2016 California Plumbing
Code.
16.20.020 No change.
This section currently exists in the Municipal Code. This section is
16.20.080 being omitted based on Section 814 of the 2016 California Plumbing
Code containing all listed requirements.
16.24.010 & This section previously existed in the Municipal Code. Only a
reference change is made to reference the 2016 California Mechanical 16 .24.015 Code.
16.24 .020 No change.
This section currently exists in the Municipal Code . This section is
16.24 .030 being omitted based on Section 310 of the 2016 California Mechanical
Code containing all listed requirements.
Chap 16.4 0 The entire Chapter (Chapter 16.40) is being repealed and replaced in its
entirety.
This section previously existed in the Municipal Code. Only a
16.40.010 reference change is made to reference the 2016 California Fire Code
based on the 2015 International Fire Code.
This section previously existed in the Municipal Code. This section
16.40 .015 modifies the California Fire Code by adopting specific appendix
chapters in the code. A reference change is made to reference the 2016
California Fire Code.
16.40.060
This section previously existed in the Municipal Code. This section was
renumbered from 16.40.065. A reference change is made to reference
X
X
X
X C
X A
X
X C
A
X
X
X
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the 2016 California Fire Code. Also, inspection fees were updated to be
more aligned with the current cost of service
16 .40.070 This section previously exis ted in the Municipal Code. A reference
change is made to reference the 2016 California Fire Code.
16.40.080 This section previously existed in the Municipal Code. This section
16 .40 .120 modifies the California Fire Code by adopting specific appendix
16 .40 .130 chapters in the code . A reference change is made to reference the 2016
California Fire Code.
16 .40.140 These sections were not adopted by the Fire Prevention Officers and
16.40.150 removed from ordinance.
16.40.180 These sections previously existed in the Municipal Code. A reference
through change is made to reference the 2016 California Fire Code.
16.40.230
16.40.300 There is nothing new in the Wildland Urban Interface Fire Area section
through other than a reference change is made to reference the 2016 California
'16.40.355 Fire Code.
16.40.360 These sections previously existed in the Municipal Code. A reference
through change is made to reference the 2016 California Fire Code.
16.40.450
16.40.460 Reference Standards, Chapter 80, was adopted per recommendation
from Fire Preventions Officers.
Chap 16.42 This Chapter regarding Toxic Gases is repealed. These regulations now
reside in Chapter 16.40.
This section previously exis ted in the Municipal Code. A reference 16.54.010 change is made to reference the 2016 California Energy Code.
16.58.010 These sections previously existed in the Municipal Code. A reference
16.58.015 change is made to reference the 2016 California Green Building
16.58.040 Standards Code.
X
X
X
X
X
X
X
X
A X
X
Resolution No. 16-115
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16.58.100
16.80.040 Red, Yellow, and Green Placards have been updated to include
reference to applicable California Penal Code Sections. X
Resolution No. 16-115
Pag e 11
KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORNIA CODEOF REGULATIONS
A I 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 I This proposed amendment has been voted for approval by the local Tri-chapter Uniform Code Committee (TUCC) and
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 I 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.
D I Results from studies after the 1994 Northridge earthquake indicated that a lot of the damages were attributed to lack of quality
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control during construction. The proposed amendment improves quality control during construction and therefore needs to be
incorporated into the Code. Revise CBC Section 1705.3 exception No. 1 to allow special inspection not to be required for isolated
spread footing where the structural design of the footing is based on a specified compressive strength, f' c, no greater than 2,500
psi. This proposed amendment is a continuation of an amendment adopted during the previous code adoption cycle.
E I ISSUE:
Revise section 1905.1.7. ACI 318 Section 14.1.4 that allows the use of plain concrete in residential structures assigned to Seismic
Design Category C, D, E or F.
RATIONALE:
The 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.