CC Resolution No. 19-146 Making Findings Relating to Local Climatic, Geological, or Topographical Conditions Supporting Amendments And Changes to the 2019 California Energy and Green Building Standards Codes RESOLUTION NO. 19-146
A RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO MAKING
FINDINGS RELATING TO LOCAL CLIMATIC, GEOLOGICAL, OR
TOPOGRAPHICAL CONDITIONS SUPPORTING AMENDMENTS AND
CHANGES TO THE 2019 CALIFORNIA ENERGY AND GREEN BUILDING
STANDARDS CODES
WHEREAS, the City Council of the City of Cupertino intends to pass an
ordinance making modifications and changes to the 2019 editions of the California
Energy Code and Green Building Standards Code as adopted by the City of Cupertino;
and
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WHEREAS, the California Health and Safety Code Sections 17958, 17958.5,
17958.7, and 18941.5 require the governing body of a city, before making any
modification or amendment 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, the California Codes and Standards Reach Code Program has
determined that specific modifications to the 2019 State Energy Code for climate zone 4,
in which the City of Cupertino is located, are cost-effective; and
WHEREAS, as more specifically set forth in the December 17th, 2019 staff report for this
item by Andre Duurvoort, the City's Sustainability Manager, a departure from the
Building Standards Code is reasonably necessary due to local climatic, geological, or
topographical conditions;
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council hereby finds the following facts to be true:
A. Scientific evidence has established that natural gas combustion, procurement
and transportation produce significant greenhouse gas emissions that
contribute to global warming and climate change;
B. In 2015, the Cupertino City Council adopted a Climate Action Plan which
p tY p
puts Cupertino on a path to reduce greenhouse gas emissions in response to
climate change;
C. On September 18, 2018, the Cupertino City Council adopted a climate
Resolution No. 19-146
Page 2
emergency declaration, calling for a mobilization effort to end citywide
greenhouse gas emissions as quickly as possible;
D. The City recognizes the need for an organized and equitable transition away
from fossil fuels used in buildings and transportation;
E. Substituting electric systems in new buildings fueled by clean energy
supplied by the Silicon Valley Clean Energy Authority is linked to
significantly lower greenhouse gas emissions and is cost competitive because
of the cost savings associated with all-electric designs that avoid new gas
infrastructure; The most cost-effective time to integrate electrical
infrastructure is in the design phase of a building project because building
systems and spaces can be designed to optimize the performance of electrical
systems and the project can take full advantage of avoided costs and spaces
requirements from the elimination of natural gas piping and venting for
combustion air safety;
F. The additions and modifications to the California Energy Code and Green
Building Standards Code listed below are reasonably necessary because of
the following local climatic, geologic and topographical conditions:
i. Cupertino is situated along a wildland-urban interface and is
extremely vulnerable to wildfires, and human activities releasing
greenhouse gases into the atmosphere cause increases in worldwide
average temperature, drought conditions, vegetative fuel, and length
of fire seasons, all of which have the potential to affect Cupertino;
ii. Cupertino is situated adjacent to active earthquake faults capable of
producing substantial seismic events. The San Andreas and Sargent-
Berocal faults run through the 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 present a risk to Cupertino in the event of
an earthquake;
iii. In the event of a natural disaster such as earthquake or fire, the natural
gas infrastructure in and around the City of Cupertino presents risks to
the life and safety of residents and first responders. Moreover, the
electric grid system can be brought back online more swiftly than the
natural gas pipeline when the community is recovering from such an
Resolution No. 19-146
Page 3
event;
iv. Combustion of natural gas in buildings and gas in vehicles exacerbates
poor indoor and outdoor air quality in the City of Cupertino;
V. Vehicular traffic through Cupertino is significant, and continues to
increase as Cupertino is an employment center as well as the location
of residential projects. Moreover, the observed increase in plug-in
electric vehicle adoption reduces the climate impact of vehicular
greenhouse gas emissions;
vi. The Environmental Resources and Sustainability Element of the City of
Cupertino's General Plan recognizes that the community's
environmental resources are fragile, invaluable and interrelated, and
protecting and sustaining the City's viable ecological communities and
environmental resources will result in the protection of both the
human and natural environments. Moreover, green building
regulations further the Sustainability Principles of the General Plan
involving building and land development, disposal of construction
and demolition debris, storm water quality and flood protection, tree
protection, water conservation, landscaping and resource
conservation.
2. Based on the above facts, the City Council makes the following finding: that
Cupertino"s local geological, topographical and climatic conditions require
amendments to the California Energy Code and the California Green Building
Standards Code to establish more restrictive conditions to reduce reliance on
natural gas infrastructure and associated greenhouse gas emissions in new
buildings, thereby reducing the environmental and health hazards produced by
the consumption and transportation of natural gas, and to promote electric
vehicle charging infrastructure and additional green building measures, as more
specifically set forth in the Staff Report from Andre Duurvoort, the City's
Sustainability Manager, and as summarized in the chart attached hereto as
Exhibit A. l
3. Based on the above findings, the City Council determines that it is necessary to
make local amendments to the California Energy and Green Building Standards
Codes based upon the local conditions.
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Resolution No. 19-146
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BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related State
CEQA Guidelines (collectively, "CEQA") because it has no potential for resulting in
physical change in the environment. In the event that this Resolution is found to be a
project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3)because it can be seen with certainty to have no
possibility that the action approved may have a significant effect on the environment.
CEQA applies only to actions which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA. In this circumstance, the proposed action would have no or only a
de minimis effect on the environment. The Resolution is also exempt from CEQA under
CEQA Guidelines section 15308,because it is a regulatory action for the protection of
the environment. The foregoing determination is made by the City Council in its
independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of December, 2019, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao,Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGN
lk�
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
G
Grace Schmidt, City Clerk Date
EXHIBIT A
Matrix of Justifications for Local Amendments to 2019 California Energy Code
(Title 24, Part 6)
Cupertino
Municipal State Code Justification (see
Code Section(s) Title Add Deleted Amended below)
Section(s)
16.54.100 100.0(e)(2)(A) Scope X i-iv
100.0(e)(3)(A)
16.54.110 100.1(b) Definitions and X iii and iv
Rules of
Construction
Matrix of Justifications for Local Amendments to 2019 California
Green Building Standards Code (Title 24, Part 11
Cupertino
Municipal State Code Justification (see
Code Section(s) Title Add Deleted Amended below)
Section(s)
16.58.100 101.10 Mandatory X vi
Requirements
16.58.110 101.10.1 Project Types X vi
16.58.120 101.10.1.1 Residential Projects X vi
16.58.130 101.10.1.1.1 Residential New X vi
Construction—Equal
to or less than nine
9 homes
16.58.140 101.10.1.1.2 Residential New X vi
Construction—
Greater than nine(9)
homes or more
16.58.150 101.10.1.1.3 Major multi-family X A
residential
renovations/additions.
16.58.160 101.10.1.1.4 Non-residential new X A
construction, small
16.58.170 101.10.1.1.5 Non-residential new X vi
construction,medium
16.58.180 101.10.1.1.6 Non-residential new X vi
construction, large
16.58.190 101.10.1.1.7 Non-residential X vi
renovations/additions,
minor.
16.58.200 101.10.1.1.8 Non-residential X vi
renovations/additions,
major
16.58.210 101.10.1.1.9 Mixed-Use X A
16.58.220 Table Cupertino minimum X A
101.10 green building
requirements
16.58.230 101.10.2 Alternate green X vi
building standards
16.58.240 102.3 Verification. X vi
16.58.260 102.3.1 Exemptions. X vi
16.58.280 202(I) Electric Vehicle X X iv and v
202(J) Charging Definitions
202(K)
202(L)
202(M)
202
16.58.290 303.1.1 Tenant X vi
Im rovements.
16.58.300 4.304.1.1 Compliance with X vi
local water-efficient
landscape ordinance-
Residential.
16.58.310 5.304.1.1 Compliance with X vi
local water-efficient
landscape ordinance-
Non-Residential.
16.58.400 4.106.4 Electric Vehicle X iv and v
4.106.4.1 Charging for Newly
4.106.4.1.1 Constructed
4.106.4.2 Residential and
Multifamily
4.106.4.2.2 Buildings
16.58.400 4.106.4.2.3 Electric Vehicle X iv and v
4.106.4.2.4 Charging for Newly
4.106.4.2.5 Constructed
Residential and
Multifamily
Buildings
16.58.420 5.106.5.3 Electric Vehicle X iv and v
5.106.5.3.1 Charging for Newly
5.106.5.3.2 Constructed
5.106.5.3.3 Nonresidential
5.106.5.3.4 Buildings
16.58.420 5.106.5.3.5 Electric Vehicle X iv and v
Charging for Newly
Constructed
Nonresidential
Buildings
i. Cupertino is situated along a wildland-urban interface and is extremely vulnerable
to wildfires, and human activities releasing greenhouse gases into the atmosphere
cause increases in worldwide average temperature, drought conditions, vegetative
fuel, and length of fire seasons, all of which have the potential to affect Cupertino;
I Cupertino is situated adjacent to active earthquake faults capable of producing
substantial seismic events. The San Andreas and Sargent-Berocal faults run through
the 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 present a risk to
Cupertino in the event of an earthquake;
iii. In the event of a natural disaster such as earthquake or fire, the natural gas
infrastructure in and around the City of Cupertino presents risks to the life and
safety of residents and first responders. Moreover, the electric grid system can be
brought back online more swiftly than the natural gas pipeline when the community
is recovering from such an event;
iv. Combustion of natural gas in buildings and gas in vehicles exacerbates poor indoor
and outdoor air quality in the City of Cupertino;
V. Vehicular traffic through Cupertino is significant, and continues to increase as
Cupertino is an employment center as well as the location of residential projects.
Moreover, the observed increase in plug-in electric vehicle adoption reduces the
climate impact of vehicular greenhouse gas emissions;
vi. The Environmental Resources and Sustainability Element of the City of Cupertino's
General Plan recognizes that the community's environmental resources are fragile,
invaluable and interrelated, and protecting and sustaining the City's viable
ecological communities and environmental resources will result in the protection of
both the human and natural environments. Moreover, green building regulations
further the Sustainability Principles of the General Plan involving building and land
development, disposal of construction and demolition debris, storm water quality
and flood protection, tree protection, water conservation, landscaping and resource
conservation.
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