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Searchable packet 11-04-13 Table of Contents Agenda3 Presentation from Santa Clara County District Attorney Jeff Rosen about the role of the District Attorney's Office, what the Office does and how they can better serve the residents of Cupertino No written materials10 Presentation to Janet Riddell on her 2013 CREST award and Commissioner's award No written materials11 Presentation from KMVT on grant funded improvements No written materials12 Proclamation recognizing Thomas Sanford for his contribution to the community No written materials13 Proclamation recognizing volunteer students from the Silicon Valley Korean School No written materials14 Approve the October 15 City Council minutes A - Draft Minutes15 Accept Accounts Payable for period ending October 4, 2013 A - Draft Resolution26 Accept Accounts Payable for period ending October 11, 2013 A - Draft Resolution36 Adopt a records retention schedule for the City of Cupertino and streamline the records destruction process Staff Report47 A - Draft Resolution49 Application for Alcoholic Beverage License, Bitter+Sweet, 20560 Town Center Lane Staff Report103 A - Application104 Application for Alcoholic Beverage License, Thai Square, 21267 Stevens Creek Boulevard, Suite 340 Staff Report107 A - Application108 Application for Alcoholic Beverage License, Noodles & Company, 20735 Stevens Creek Boulevard, Suite H Staff Report109 A - Application110 Housing Element Consultant Selection Staff Report113 A - Contract with MIG for the Housing Element Update117 B - Contract with The Planning Center/ DC&E for Housing Element Update Environmental Assessment137 C - Housing Element Update Cost160 1 Equipment Sharing Agreement between the City of Cupertino, Town of Los Gatos and City of Campbell Staff Report161 A - Draft Equipment Sharing Agreement163 City Project, 2012 STP Overlay Project, Project No. 2012-05 Staff Report177 City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2012-07 Staff Report178 A - 2012-07 Reconstruction of Curbs, Gutters, and Sidewalks Site Address List179 Applications for a subdivision of a single-family zoned lot into three (3) residential lots and one (1) private roadway area, and rezoning of a single-family zoned property from R1-10 to R1-7.5 Staff Report180 A - Draft Ordinance181 Consider a fee waiver request from the non-profit organization, Hindu Swayamsevak Sangh (HSS), for the use of the Creekside Park Building for two hours every Sunday morning Staff Report185 Adoption of the 2013 California Building, Residential, Plumbing, Mechanical, Electrical, Fire, Energy and Green Building Standards Codes as mandated by the State of California Staff Report186 A - Draft Ordinance amending Title 16 of the Cupertino Municipal Code191 B - Draft Resolution263 C - Draft Ordinance amending Title 16 of the Cupertino Municipal Code (redline version)273 D - Justification and Findings for Local Amendments385 Amicus Brief in No Toxic Air, Inc. v. Santa Clara County, et al. (Calif. Court of Appeal Case No. H039547, Appeal from Santa Clara Co. Superior Court Case No. 111CV201900) - Continued from September 17 Staff Report393 Cancel the first meeting in January, 2014 Staff Report395 Public Works Construction Project Updates No Written Materials396 2 AGENDA CUPERTINOCITYCOUNCIL~REGULARADJOURNEDMEETING 10350TorreAvenue,CommunityHallCouncilChamber Monday,November4,2013 5:15PM CITYCOUNCILMEETING ROLLCALL K5:15PM CLOSEDSESSION 1.Subject:ConferencewithRealPropertyNegotiator(GovtCodeSection54956.8); Property:22050StevensCreekBoulevard;NegotiatingParties:CityAttorneyand PublicWorksDirector;UnderNegotiation:Priceandterms 2.Subject:Conferencewithlegalcounsel;PendingLitigation(GovtCode54956.9(a); Thibadeauv.CityofCupertino,CaseNo.112CV234911 3.Subject:ConferencewithRealPropertyNegotiator(GovtCodeSection54956.8); Property:22772AlcaldeRoad;NegotiatingParties:CityManager,CityAttorney, andPublicWorksDirector;Undernegotiation:Priceandterms 4.Subject:ConferencewithRealPropertyNegotiator(GovtCodeSection54956.8); Property:GreenleafDrive,APN32641114;NegotiatingParties:CityManager,City Attorney,andPublicWorksDirector;Undernegotiation:Priceandterms PLEDGEOFALLEGIANCE K6:45PM ROLLCALL CEREMONIALMATTERSANDPRESENTATIONS 3 Monday,November4,2013CupertinoCityCouncil 5.Subject:PresentationfromSantaClaraCountyDistrictAttorneyJeffRosenabout theroleoftheDistrictAttorneysOffice,whattheirOfficedoesandhowtheycan betterservetheresidentsofCupertino RecommendedAction:Receivepresentation Nowrittenmaterials Page:Nowrittenmaterialsinpacket 6.Subject:PresentationtoJanetRiddellonher2013CRESTawardand Commissionersaward RecommendedAction:Presentawards Nowrittenmaterials Page:Nowrittenmaterialsinpacket 7.Subject:PresentationfromKMVTongrantfundedimprovements RecommendedAction:Receivepresentation Nowrittenmaterials Page:Nowrittenmaterialsinpacket 8.Subject:ProclamationrecognizingThomasSanfordforhiscontributiontothe community RecommendedAction:Presentproclamation Nowrittenmaterials Page:Nowrittenmaterialsinpacket 9.Subject:ProclamationrecognizingvolunteerstudentsfromtheSiliconValley KoreanSchool RecommendedAction:Presentproclamations Nowrittenmaterials Page:Nowrittenmaterialsinpacket POSTPONEMENTS ORALCOMMUNICATIONS Thisportionofthemeetingisreservedforpersonswishingtoaddressthecouncilon anymatternotontheagenda.Speakersarelimitedtothree(3)minutes.Inmostcases, Statelawwillprohibitthecouncilfrommakinganydecisionswithrespecttoamatter notlistedontheagenda. 4 Monday,November4,2013CupertinoCityCouncil CONSENTCALENDAR Unlessthereareseparatediscussionsand/oractionsrequestedbycouncil,staffora memberofthepublic,itisrequestedthatitemsundertheConsentCalendarbeactedon simultaneously. 10.Subject:ApprovetheOctober15CityCouncilminutes RecommendedAction:Approvetheminutes ADraftMinutes Page:15 11.Subject:AcceptAccountsPayableforperiodendingOctober4,2013 RecommendedAction:AdoptResolutionNo.13092acceptingAccountsPayable forperiodendingOctober4,2013 ADraftResolution Page:26 12.Subject:AcceptAccountsPayableforperiodendingOctober11,2013 RecommendedAction:AdoptResolutionNo.13093acceptingAccountsPayable forperiodendingOctober11,2013 ADraftResolution Page:36 13.Subject:AdoptarecordsretentionschedulefortheCityofCupertinoand streamlinetherecordsdestructionprocess RecommendedAction:AdoptResolutionNo.13094rescindingResolutionNo.12 039andadoptingarecordsretentionschedulefortheCityofCupertino,inaddition tostreamliningtherecordsdestructionprocess StaffReport ADraftResolution Page:47 14.Subject:ApplicationforAlcoholicBeverageLicense,Bitter+Sweet,20560Town CenterLane RecommendedAction:ApproveAlcoholicBeverageLicenseforBitter+Sweet,20560 TownCenterLane StaffReport AApplication Page:103 5 Monday,November4,2013CupertinoCityCouncil 15.Subject:ApplicationforAlcoholicBeverageLicense,ThaiSquare,21267Stevens CreekBoulevard,Suite340 RecommendedAction:ApproveAlcoholicBeverageLicenseforThaiSquare,21267 StevensCreekBoulevard,Suite340 StaffReport AApplication Page:107 16.Subject:ApplicationforAlcoholicBeverageLicense,Noodles&Company,20735 StevensCreekBoulevard,SuiteH RecommendedAction:ApproveAlcoholicBeverageLicenseforNoodles& Company,20735StevensCreekBoulevard,SuiteH StaffReport AApplication Page:109 17.Subject:HousingElementConsultantSelection RecommendedAction:1.Recommendapprovalofthescopeofworkforthe HousingElementupdatefor20142022;and2.RecommendthattheCityCouncil authorizetheCityManagertoapproveacontracttoMIGasplanningconsultantfor professionalservicesforthe20142022HousingElementupdate;and3.Recommend thattheCityCouncilauthorizetheCityManagertoapproveacontracttoThe PlanningCenter|DC&Eastheenvironmentalconsultantforprofessionalservicesfor the20142022HousingElementupdate :ApprovethescopesofworkfortheHousingElementupdate; Description AuthorizetheCityManagertoapprovetheattachedcontractwithMIGasthe planningconsultantfortheHousingElementUpdateintheamountnottoexceed $158,575;AuthorizetheCityManagertoapprovetheattachedcontractwithThe PlanningCenter|DC&EtopreparetheEnvironmentalAssessmentfortheHousing ElementUpdateintheamountnottoexceed$45,192;andAuthorizetheCity ManagertoapproveContractChangeOrders(CCO)forcontractsforItems2and3 abovetotheextentthattotalexpendituresdonotexceedthetotalamountofthe projectbudget StaffReport AContractwithMIGfortheHousingElementUpdate BContractwithThePlanningCenter/DC&EforHousingElementUpdate EnvironmentalAssessment CHousingElementUpdateCost Page:113 6 Monday,November4,2013CupertinoCityCouncil 18.Subject:EquipmentSharingAgreementbetweentheCityofCupertino,TownofLos GatosandCityofCampbell RecommendedAction:AuthorizetheCityManagertoexecutetheEquipment SharingAgreement(ESA)betweentheCityofCupertino,TownofLosGatosand CityofCampbellonbehalfoftheCityofCupertinoinsubstantiallysimilarformatto theattacheddraftagreement;andauthorizetheCityManagerorhisdesigneeto createandmaintainanEquipmentCatalog,establishingsharedequipmentandrates StaffReport ADraftEquipmentSharingAgreement Page:161 19.Subject:CityProject,2012STPOverlayProject,ProjectNo.201205 RecommendedAction:AcceptProjectNo.201205 StaffReport Page:177 20.Subject:CityProject,ReconstructionofCurbs,Gutters,andSidewalks,ProjectNo. 201207 RecommendedAction:AcceptProjectNo.201207 StaffReport A201207ReconstructionofCurbs,Gutters,andSidewalksSiteAddressList Page:178 SECONDREADINGOFORDINANCES 21.Subject:Applicationsforasubdivisionofasinglefamilyzonedlotintothree(3) residentiallotsandone(1)privateroadwayarea,andrezoningofasinglefamily zonedpropertyfromR110toR17.5 RecommendedAction:ConductthesecondreadingandenactOrdinanceNo.13 2112:AnOrdinanceoftheCupertinoCityCouncilapprovingtherezoningofa.96 grossacrelot,fromR110(minimumlotsizeof10,000squarefoot)toR17.5 (minimumlotsizeof7,500squarefeet)locatedat20840McClellanRd,APN35920 031 Description:ApplicationNo(s):TM201203,Z201201EA201204;Applicant: JamesChen(Cherryland,LLC);Location:20840McClellanRoad;ParcelMapto subdivideanexistingsinglefamilylotinto3residentiallotsand1commonarealot; ReZoningofa.96acreparcelfromSingleFamilyResidential(R110)toSingle FamilyResidential(R17.5) StaffReport ADraftOrdinance Page:180 7 Monday,November4,2013CupertinoCityCouncil PUBLICHEARINGS ORDINANCESANDACTIONITEMS 22.Subject:Considerafeewaiverrequestfromthenonprofitorganization,Hindu SwayamsevakSangh(HSS),fortheuseoftheCreeksideParkBuildingfortwohours everySundaymorning RecommendedAction:Denyfeewaiverrequest StaffReport Page:185 23.Subject:Adoptionofthe2013CaliforniaBuilding,Residential,Plumbing, Mechanical,Electrical,Fire,EnergyandGreenBuildingStandardsCodesas mandatedbytheStateofCalifornia RecommendedAction:ConductthefirstreadingofOrdinanceNo.132115:An OrdinanceoftheCityCounciloftheCityofCupertinoAmendingChapter16ofthe CupertinoMunicipalCodeandAdoptingthe2013CaliforniaBuildingStandards Codewithappendicesandamendmentsthereto StaffReport ADraftOrdinanceamendingTitle16oftheCupertinoMunicipalCode BDraftResolution CDraftOrdinanceamendingTitle16oftheCupertinoMunicipalCode(redline version) DJustificationandFindingsforLocalAmendments Page:186 24.Subject:AmicusBriefinNoToxicAir,Inc.v.SantaClaraCounty,etal.(Calif.Court ofAppealCaseNo.H039547,AppealfromSantaClaraCo.SuperiorCourtCaseNo. 111CV201900)ContinuedfromSeptember17 RecommendedAction:ConsiderjoiningtheMidpeninsulaRegionalOpenSpace District ,1.2#! theCitiesofSunnyvale(subjecttoCityAttorneyreviewand approvaloffinalbrief)andLosAltos,theTownsofLosAltosHillsandPortola Valley,andanyothercitiesthatmaychoosetoparticipateinanamicuscuriaebrief intheCourtofAppealinthelitigationlistedabove,andauthorizeamonetary contributionforpreparationoftheamicusbrief StaffReport Page:393 8 Monday,November4,2013CupertinoCityCouncil 25.Subject:CancelthefirstmeetinginJanuary,2014 RecommendedAction:CancelthefirstmeetinginJanuary,2014 StaffReport Page:395 REPORTSBYCOUNCILANDSTAFF 26.Subject:PublicWorksConstructionProjectUpdates RecommendedAction:PresentConstructionProjectUpdateReport NoWrittenMaterials Page:396 ADJOURNMENT AdjourntoTues,Nov19beginningat5:00p.m. TheCityofCupertinohasadoptedtheprovisionsofCodeofCivilProcedure§1094.6;litigation challengingafinaldecisionoftheCityCouncilmustbebroughtwithin90daysafteradecisionis announcedunlessashortertimeisrequiredbyStateorFederallaw. Priortoseekingjudicialreviewofanyadjudicatory(quasijudicial)decision,interestedpersonsmust fileapetitionforreconsiderationwithintencalendardaysofthedatetheCityClerkmailsnoticeofthe "¯º¿¹decision.ReconsiderationpetitionsmustcomplywiththerequirementsofCupertinoMunicipal Code§2.08.096.ContacttheCity"²«¸±¹officeformoreinformationorgoto http://www.cupertino.org/index.aspx?page=125forareconsiderationpetitionform. IncompliancewiththeAmericanswithDisabilitiesAct(ADA),theCityofCupertinowillmake reasonableeffortstoaccommodatepersonswithqualifieddisabilities.Ifyourequirespecialassistance, pleasecontactthecity©²«¸±¹officeat4087773223atleast48hoursinadvanceofthemeeting. AnywritingsordocumentsprovidedtoamajorityoftheCupertinoCityCouncilafterpublicationof thepacketwillbemadeavailableforpublicinspectionintheCity"²«¸±¹OfficelocatedatCityHall, 10300TorreAvenue,duringnormalbusinesshoursandinCouncilpacketarchiveslinkedfromthe agenda/minutespageontheCupertinowebsite. 9 CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject:PresentationfromSantaClaraCountyDistrictAttorneyJeffRosenaboutthe roleoftheDistrictAttorneysOffice,whattheirOfficedoesandhowtheycanbetter servetheresidentsofCupertino NOWRITTENMATERIALSINPACKET 10 CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject:PresentationtoJanetRiddellonher2013CRESTawardandCommissioners award NOWRITTENMATERIALSINPACKET 11 CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject:PresentationfromKMVTongrantfundedimprovements NOWRITTENMATERIALSINPACKET 12 CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject:ProclamationrecognizingThomasSanfordforhiscontributiontothe community NOWRITTENMATERIALSINPACKET 13 CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject:ProclamationrecognizingvolunteerstudentsfromtheSiliconValleyKorean School NOWRITTENMATERIALSINPACKET 14 DRAFTMINUTES CUPERTINOCITYCOUNCIL RegularAdjournedMeeting TuesdayOctober15,2013 CITYCOUNCILMEETING PLEDGEOFALLEGIANCE At5:00p.m.MayorOrrinMahoneycalledtheCityCouncilmeetingtoorderinthe CommunityHallCouncilChamber,10350TorreAvenue,Cupertino,CAandledthe PledgeofAllegiance. ROLLCALL Present:MayorOrrinMahoney,ViceMayorGilbertWong,andCouncilmembersBarry ChangandMarkSantoro.Absent(recused):CouncilmemberRodSinks. CEREMONIALMATTERSANDPRESENTATIONS None POSTPONEMENTS None ORALCOMMUNICATIONS BarbaraRogersmentionedtheupcomingNov.5forumonaging.Sheshowedashort video. ChrisKennedy,ExecutiveDirectoroftheInstituteforAgeFriendlyHousingnotedthat andtheoftothefifthSilicon thegroupis ValleyPositiveAgingForumtitledHousing,Community&Longevity:HereComes theAgeWave!continuedwiththevideothatBarbaraRogersbegan.Mayor Mahoneynotedthatthevideowouldbepostedonthewebsite. DarrylLumsuggestedthatitemnumbers10and11regardingPruneridgeAve.andthe salestaxandconsultingagreementbeheardbeforeitemnumber9Gregardingthe 15 Tuesday,October15,2013CupertinoCityCouncil developmentagreement.MayorMahoneysaidthatitemnumbers9,10,and11would beheardtogetherandthatthepublictestimonywouldbeconsolidated. CONSENTCALENDAR WongmovedandChangsecondedtoapprovetheitemsontheConsentCalendaras recommendedwiththeexceptionofitemnumber2whichwaspulledfordiscussion. Ayes:Chang,Mahoney,Santoro,andWong.Noes:None.Abstain:None.Absent (recused):Sinks. 1.Subject:ApprovetheSeptember5CityCouncilminutes RecommendedAction:Approvetheminutes 2.Subject:ApprovetheSeptember17CityCouncilminutes RecommendedAction:Approvetheminutes CouncilmemberChangclarifiedhiscommentsthatweremadeunderCouncil Reports.Hesaidthattheamicusbriefitemwaspulledfromtheagendaduetoalast minuteattackfromLehigh.Healsosaidthathewantedtomakeitclearthathehas neverreceivedanymoneyfromBayAreaforCleanEnvironment(BACE)andthat Lehighwouldratherspendmoneytohireanattorneyforalastminuteattackthan makesuretheywereinfullcompliancewiththelaw. ChangmovedandSantorosecondedtoapprovetheSeptember17CityCouncil minutesasamended.Themotioncarriedunanimously(Sinksrecused). 3.Subject:ApprovetheOctober1CityCouncilminutes RecommendedAction:Approvetheminutes 4.Subject:AcceptAccountsPayableforperiodendingSeptember6,2013 RecommendedAction:AdoptResolutionNo.13088acceptingAccountsPayable forperiodendingSeptember6,2013 5.Subject:AcceptAccountsPayableforperiodendingSeptember13,2013 RecommendedAction:AdoptResolutionNo.13089acceptingAccountsPayable forperiodendingSeptember13,2013 6.Subject:AcceptAccountsPayableforperiodendingSeptember20,2013 RecommendedAction:AdoptResolutionNo13090acceptingAccountsPayablefor periodendingSeptember20,2013 16 Tuesday,October15,2013CupertinoCityCouncil 7.Subject:AcceptAccountsPayableforperiodendingSeptember27,2013 RecommendedAction:AdoptResolutionNo.13091acceptingAccountsPayable forperiodendingSeptember27,2013 8.Subject:Setapplicationdeadlineandinterviewdatesforcommissionsand committeeswithtermsexpiringJanuary30,2014 RecommendedAction:ApproveanapplicationdeadlineofFriday,January17and interviewdatesofMonday,January27andTuesday,January28beginningat5:00 onbothdays SECONDREADINGOFORDINANCES None PUBLICHEARINGS 9.Subject:Developmentofanoffice,researchanddevelopmentcampuswith associatedancillaryuses RecommendedAction: A.AdoptResolutionNo.13082approvingtheCertificationofanEnvironmental ImpactReport(EIR),andadoptionofFindingsandaStatementofOverriding Considerations,MitigationMeasures(includingadoptionofMitigationMeasure TRANS23(Alternate)),andaMitigationMonitoringandReportingProgram,EA 201112; B.AdoptResolutionNo.13083approvingaGeneralPlanAmendment,GPA2011 03; C.ConductthefirstreadingofOrdinanceNo.132113: ´Ordinanceofthe CupertinoCityCouncilapprovingtherezoningofanapproximately1.1AcreArea fromParkAndRecreation(PR)ToPlannedIndustrialPark(P(MP))locatedatAPN 31606050and31606sxt! Z201103; D.AdoptResolutionNo.13085approvingaVestingTentativeMap,TM201103; E.AdoptResolutionNo.13084approving: 1.DevelopmentPermittoallowthedemolitionofapproximately2.66million squarefeetofexistingoffice,researchanddevelopmentbuildingsandthe constructionof3.42millionsquarefeetofoffice,research,anddevelopment buildings;120,000s.f.(1,000seat)corporateauditorium,100,000s.f.corporate fitnesscenter,and25,000s.f.ValetParkingReceptionuses;92,000squarefeetof utilityplants;andassociatedparkingfacilitiesandancillarybuildings(suchas securityreceptionareasandlandscapemaintenancebuildings)(DP201104);and 2.UsePermittoallowacorporateauditoriumandfitnesscenteratanewoffice, researchanddevelopmentcampus(U201111);and 17 Tuesday,October15,2013CupertinoCityCouncil 3.ArchitecturalandSiteApprovaltoallowanew2.82millionsquarefeetoffice, researchanddevelopmentbuildingwith2,385basementparkingspacesanda cafeteria,a5,870parkingspacestructuredparkingfacilitywithattachedCentral Plant,a1,000seatcorporateauditorium,afitnesscenter,andassociatedsite improvementsincludingaccesstunnels,asurfaceparkinglot,outdoordining andrecreationalfacilitiesandlandscaping;(ASA201114);and 4.TreeRemovalPermittoallowtheremovalofapproximately3,710trees,of which,approximately90treesareproposedtobetransplanted,andreplacement withatleast6,200treestoallowtheconstructionofanoffice,researchand developmentcampus(TR201139); F.CanceltheDevelopmentAgreementwithHewlettPackard,applicabletoa portionoftheproperty;and G.ConductthefirstreadingofOrdinanceNo.132114: ´OrdinanceoftheCity CounciloftheCityofCupertinorepealingOrdinanceNo.1702andApprovinga NewDevelopmentAgreementByandBetweentheCityofCupertinoandAppleInc. fortheDevelopmentofaNewCorporateCampus Description:ApplicationNo(s):ASA201114,DA201101,DP201104,GPA2011 03,TM201103,TR201139,U201111,Z201103(EA201112) Applicant(s):AppleInc(DanWhisenhunt);Location:AreaboundedbyEast HomesteadRoad,NorthTantauAvenue,I280,NorthWolfeRoadincluding propertieslocatedontheeastsideofNorthTantauAvenue;APN#s:31606033,316 06038,31606039,31606045,31606046,31606048,31606049,31606050,31606 051,31606052,31606053,31607044,31607045,31607046,31609019,31609 027,31609028,31618012,31618025,31618026,31618027,31618035 WrittencommunicationsforthisitemincludednumerousemailstoCityCouncil regardingtheproject;replacementexhibitDA1g,CC6;deskitemfromstaff regardingminortexteditstoMitigationMeasureTRANS23(SecondAlternate); amendedOrdinanceNo.132114;staffPowerPointpresentation;writtencomments fromArtCohen;addendumlanguagetoDevelopmentAgreement(item3.14)read bySpecialCounselGeraldRamiza. SeniorPlannerPiuGhoshreviewedthestaffreportviaaPowerPointpresentation. AdamWeinstein,EnvironmentalImpactReport(EIR)ProjectManagerforLSA continuedwiththePowerPointpresentation.Hehighlighted:CEQAprocess;EIR timeline;EIRcontent:planningpolicy/landuse;population,employmentand housing;aesthetics;biologicalandculturalresources;geology,hydrology,and hazards;noise,airquality,andgreenhousegasemissions;publicservicesand utilities;summaryofimpacts;alternatives. 18 Tuesday,October15,2013CupertinoCityCouncil JaneBierstedt,TransportationConsultantfromFehr&Peerscontinuedwiththe PowerPointpresentationregardingTransportationImpactAnalysisoverview.She highlighted:studyareaincludingintersectionsfreewaysandfocusedanalysis; analysisscenarios;analysismethodsincludinglevelsofserviceexamples;Apple travelcharacteristics(howdoAppleemployeescommute);AppleCampus2traffic; intersectionimpacts;freewayimpacts;identifiedtransportationimpacts& mitigationmeasures;transportationdemandmanagement;supplementalalternate mitigationmeasures(MMTRANS23andMMTRANS27). Ms.GhoshcontinuedwiththePowerPointpresentationhighlighting:issuesfor consideration(WolfeRd.projectdrivewayconfigurationandCupertinoVillage drivewayconfiguration);developmentagreement;projectbenefitsvs.unavoidable adverseenvironmentaleffects;outreachandnoticing;recommendation. DanWhisenhunt,DirectorofGlobalRealEstateforAppleshowedavideo highlightingthedetailsoftheAppleCampus2project.Hetalkedaboutthe importanceoftheprojecttothelocaleconomyandthelegacytoSteveJobs, ¶¶²«¹ latefounderandCEO.HereviewedhisPowerPointpresentationhighlighting variousaspectsoftheprojectincluding:newjobs;newrevenues;public improvements;communitybenefits;increasedpropertytax;andonetimerevenue. Councilrecessedfrom6:52p.m.to7:08p.m. MayorMahoneyopenedthepublichearing. Thefollowingindividualsspokeinsupportoftheproject: ArtCohen,ownerofBlueLightCinema CarolBaker WalterWilsonrepresentingtheMinorityBusinessConsortium AnthonySpitalieri,MayorofSunnyvale RobertMcCoy,ViceChairCupertinoPublicSafetyCommission LaurieSmith,SantaClaraCountySheriff TomDyer CarlGuardino,CEOSiliconValleyLeadershipGroup MariaLopez. NeilStruthers,CEOBuildingTradesCouncil EdHirshfield ColinHeyne,DeputyDirectorSiliconValleyBicycleCoalition 19 Tuesday,October15,2013CupertinoCityCouncil JohnZirelli,GeneralManagerRecologyCupertinoandCupertinoChamberof CommerceBoardmember DollySandoval MariaStreeby,GeneralManagerCypressHotelandrestaurantandCupertino ChamberofCommerceBoardmember TimMcRoe,EnergyDirectorSiliconValleyLeadershipGroup. KevinMcClelland,CupertinoChamberofCommerceBoardmember MatthewMahoodPresidentandCEOSiliconValleyChamberofCommerce MaheshNihalanirepresentingIndoAmericancommunity VickyTsai,Cupertinobusinessowner JaniceChua,ownerBittersweet DebraJamisonmemberofEnvironmentActionCommitteeforSantaClaraValley AudubonSociety DonnaAustin HeleneDavis DarcyPaul,PresidentElectCupertinoChamberofCommerce AnjaliKausar,ExecutiveDirectorCupertinoChamberofCommerce PhyllisGoff,CupertinoPostmaster RochelleConover RamGopal,Cupertinosmallbusinessowner SandyJames,representingCupertinoChamberofCommerce,SanJoseSilicon ValleyChamber,boardmemberofOrganizationofSpecialNeedsFamilies,and VeteransMemorialFoundation SamAshknazfrom$¸¯±¹DeliCafé SteveVanDorn,PresidentandCEOSantaClaraChamberofCommerceConvention andVisitorsBureau SridarPootheri SamNazhand JimReed,PublicPolicyVicePresidentforSiliconValleyChamberofCommerceand ViceMayorofScottsValley AlDiFrancesco PatrickKwok,BoardmemberBayAreaAirQualityManagementDistrictandSanta ClaraValleyWaterDistrict CristieConnors LidiaBlair,ownerPizzaPartyinSantaClara KevinDare,representingSandHillPropertyCompany RobertHertzberg,formerSpeakerofCaliforniaStateLegislature DavidKaneda,formerCupertinoPlanningCommissioner KeithMurphy SteveScharf 20 Tuesday,October15,2013CupertinoCityCouncil Theircommentsincluded:prosoutweighcons;thousandsofnewjobstobenefit Cupertino;Appleaddressedconcernsregardingenvironmentalandtrafficissues; willhelpmakedowntownMainStreetmoresuccessful;increasepropertyvalues; magnetforpeopletoliveandworkinCupertino;managedgrowthgood;Apple leavingwouldbedisasterforCity;Applemetandexceededpublicsafetyconcerns; lastingpartnershipwiththeCity;innovativedesignreflectscultureofCity;energy freefootprintgood;sensitivetoimpactofemployees;thoughtfulmitigation;iconic structure;plantingnativespeciesgood;Applecommittedtoenvironmentand sustainability;trafficnomorethanwhenHPandTandemexisted;bicycleaspectsof projectgood;projecthasgoodaestheticsandnaturalambience;habitatrestoration highon ¶¶²«¹goals;goodstewardofGlendenningbarn;benefitsreachbeyond bordersofCityintosurroundingcommunities;suggestionofmoveablelaneand havingonewaytrafficonWolfeRd.duringcertainhours;projectsupportssmall businesses;Applehasshownrespectforcommunitybyreachingouttodifferent organizationsandneighborhoods;projectgoodfortourisminSiliconValley;City needsnewjobstobesustainable;CupertinohasbecomebettercitywithApple; ensureangledparkingalongVallcoParkwayremains;Applewillcreatemore resourcesatStatelevel;ApplehelpskeepofficespacefullinCity;Councilshould supportCalabazasCreekanddevelopalocal,seasonableparkthatisopentopublic; endcurrentsalestaxagreementwithApplesoCityreceivesentire1%. Thefollowingindividualsspokeneitherinsupportnoroppositionoftheproject: CraigErb GideonKracov RiaHutabaratlo PatrickRobbins DarrelLum RoyJensen Theircommentsincluded:mistakeinApplecampusdesigntohavebuildingstoo closetoI280;suggestiontohaveI280offrampgostraightintoApplecampuson southsideparkingstructuresandmoveparkingstructuresclosertomainbuilding; suggestiontohaveaflyoverfromI280southboundintoparkingstructuresandnot gointonorthWolfeRd;Applehasresponsibilitytoensurelivablewagesandsafe workingconditionsforalldirecthiresandsubcontractedworkersonproject, includingsecurityofficers;resolveconcernsaboutApplessubcontractor,Security IndustrySpecialists(SIS);aspectsofsiteplansuchasstreetscapedesignand surroundingtransitnetworkunderminelocalconnectivity,sustainable 21 Tuesday,October15,2013CupertinoCityCouncil transportationanddramaticallyincreasetrafficcongestion;removeminimum parkingrequirements;requireAppletoimplementaparkingcashoutprogram; requireAppletoprovidemultiplepubliceasementsthroughsite;traffic,airquality, andtransportationdemandmanagementconcerns;trafficstudyisflawedregarding numberofcarsperdaycomingfromproject;noincentivetoaddresstraffic congestion;trafficdemandmanagementpenaltyinsignificantandshouldnotbe consideredsourceofrevenue;paypenaltyinsteadtoatrafficmanagement associationtooperateprivatetransportationshuttleserviceinCupertino;property taxrevenuefromparcelcontainingmainbuilding½µ´ºgotoCupertinoschools; concernwithsalestaxagreementespeciallyregardingStateBoardofEqualization challengingproperpointofsalewithApple;getassurancefromStatethatwill receiverevenue;conflictbetweencommercialandresidential;neighbors½µ´ºhave accesstospeaktoanyoneatApplewhenhaveissuessincecampuswillbeclosed. Thefollowingindividualspokeinoppositionoftheproject: JohnDavies,andhiscommentsincluded:notafairdealforCityregardingfair marketvalueforland;mistakeonResolutionNo.13086,page8regardingsquare feet;concernovercampusbeingclosed. MayorMahoneyclosedthepublichearing. Councilrecessedfrom9:30p.m.to9:37p.m. CouncilmemberSantoroofferedastrawvotemotion,secondedbyChangregarding thefollowingaspectsoftheproject:leavingthedrivewayopen,atleasttemporarily, inCupertinoVillage;addinglanguagetotheDevelopmentAgreementthatApple wouldvoluntarilyagreetosupportandnotobjecttotheformationofaCommunity FacilitiesDistrictforaCaltransstudytoimprovetheoverpassonWolfeRd.and freewayonandofframps;puttingbackintoplacethemitigationmeasuresforthe threelaneproposalbystaff(MMTRANS23Kalternate). Mr.Whisenhuntnotedthatthetrafficissuewasstudiedintensivelythroughoutthe EIRprocessandtherewasnoclearimpactontheWolfeRd.interchangecausedby theAppleproject.HeexplainedthatApplecouldgetonboardwithparticipatingin astudytotryandfindtherightsolutiontoatrafficissuebutnotwithoutanupper limit. Councilrecessedfrom9:52p.m.to10:52p.m. 22 Tuesday,October15,2013CupertinoCityCouncil SpecialCounselGeraldRamizareadaddendumlanguagetotheDevelopment Agreement(item3.14)intotherecord. A.WongmovedandChangsecondedtoadoptResolutionNo.13082approvingthe certificationofanEnvironmentalImpactReport(EIR)fortheAppleCampus2 project,andadoptionofFindingsandaStatementofOverridingConsiderations, mitigationmeasuresandaMitigationMonitoringandReportingProgram,EA 201112,withadoptionofMitigationMeasureTRANS23(Alternate)withminor textrevisionsaspresentedasadeskitemandadoptionofMitigationMeasure TRANS27(SecondAlternate).Themotioncarriedunanimously(Sinksrecused). B.WongmovedandChangsecondedtoadoptResolutionNo.13083approvinga GeneralPlanAmendment,GPA201103.Themotioncarriedunanimously(Sinks recused). C.WongmovedandChangsecondedtoreadOrdinanceNo.132113(Z201103)by titleonlyandthattheCity"²«¸±¹readingwouldconstitutethefirstreading thereof.Ayes:Chang,Mahoney,Santoro,andWong.Noes:None.Abstain:None. Absent:Sinks(recused). D.WongmovedandChangsecondedtoadoptResolutionNo.13085approvinga VestingTentativeMap,TM201103.Themotioncarriedunanimously(Sinks recused). E.WongmovedandChangsecondedtoadoptResolutionNo.13084approvinga DevelopmentPermit(DP201104),UsePermit(U201111),Architecturaland SiteApproval(ASA201114),andTreeRemovalPermit(TR201139)asnoted withthefollowingamendments:applicantwilldesignateaviewingareafrom the5¯¹¯ºµ¸¹CenteronTantauAvenuetocreateaviewofthemainbuilding;the drivewaytoCupertinoVillagewillcontinuetoallowrightturninandoutwith mitigationmeasuresdescribedintheEIR;approvethreeleftturnlanesexiting thecampussiteattheWolfeRoadprojectdrivewaywithmitigatingmeasures identifiedinResolutionNo.13082.Themotioncarriedunanimously(Sinks recused). F.WongmovedandChangsecondedtocanceltheDevelopmentAgreementwith HewlettPackard,applicabletoaportionoftheproperty.Themotioncarried unanimously(Sinksrecused). G.WongmovedandSantorosecondedtoreadOrdinanceNo.132114bytitleonly approvingaDevelopmentAgreementwithminortextrevisionsaspresentedasa 23 Tuesday,October15,2013CupertinoCityCouncil deskitemincludingtheAddendumreadintotherecord(item3.14)bySpecial CounselGeraldRamizaandthattheCity"²«¸±¹readingwouldconstitutethe firstreadingthereof.Ayes:Chang,Mahoney,Santoro,andWong.Noes:None. Abstain:None.Absent(recused):Sinks. 10.Subject:AdoptResolutionNo.13086,vacatingaportionofPruneridgeAvenue, betweenWolfeRoadandTantauAvenue,andvariouspubliceasements;and ResolutionNo.13087,authorizingtheCityManagertoexecuteaPurchaseandSale AgreementwithCampusHoldings,Inc.(asubsidiaryofAppleInc.)foraportionof PruneridgeAvenue RecommendedAction:AdoptResolutionNos.13086and13087 WrittencommunicationsforthisitemincludedreplacementexhibitsV1,V2,PSA 1,PSA2aandalettertoTimmBordenfromMarlanaTelfer. WongmovedandSantorosecondedtoadoptResolutionNo.13086vacatinga portionofPruneridgeAvenue,betweenWolfeRoadandTantauAvenue,and variouspubliceasementsandResolutionNo.13087authorizingtheCityManager toexecuteaPurchaseandSaleAgreementwithCampusHoldings,Inc.(asubsidiary ofAppleInc.)foraportionofPruneridgeAvenue.Themotioncarriedunanimously (Sinksrecused). ORDINANCESANDACTIONITEMS 11.Subject:AuthorizetheCityManagertoenterintoanExtensionofAgreementfor ConsultationServiceswithBazIndustries,thesuccessorininteresttoACIHoldings, Inc RecommendedAction:AuthorizetheCityManagertoenterintotheagreement Description:TheCitycurrentlyhasanAgreementforConsultationServiceswith BazIndustrieswhichisduetoexpireonFebruary19,2014.TheproposedExtension reducesthecompensationtoBazIndustriesandisconnectedwithandpursuanttoa DevelopmentAgreementwithAppleInc WongmovedandChangsecondedtoauthorizetheCityManagertoenterintoan ExtensionofAgreementforConsultationServiceswithBazIndustries,thesuccessor ininteresttoACIHoldings,Inc.Themotioncarriedunanimously(Sinksrecused). 24 Tuesday,October15,2013CupertinoCityCouncil REPORTSBYCOUNCILANDSTAFF DavidBrandtthankedCitystaffDavidStillman,ChadMosley,andPiuGhoshfortheir workontheproject. Councilmembershighlightedtheactivitiesoftheircommitteesandvariouscommunity events. ADJOURNMENT At11:20p.m.,themeetingwasadjournedinmemoryofSallyBrennanfromWest ValleyCommunityServicestoMonday,November4at5:15p.m.foraclosedsessionon pendinglitigationandconferencewithrealpropertynegotiator,followedbytheregular meetingat6:45p.m.,CupertinoCommunityHallCouncilChamber,10350Torre Avenue. ____________________________ GraceSchmidt,CityClerk Staffreports,backupmaterials,anditemsdistributedattheCityCouncilmeetingare availableforreviewattheCity"²«¸±¹Office,7773223,andalsoontheInternetat .ClickonAgendas&Minutes,thenclickontheappropriatePacket. www.cupertino.org MostCouncilmeetingsareshownliveonComcastChannel26andAT&TUverse Channel99andareavailableatyourconvenienceatwww.cupertino.org.Clickon Agendas&Minutes,thenclickArchivedWebcast.Videotapesareavailableatthe CupertinoLibrary,ormaybepurchasedfromtheCupertinoCityChannel,7772364. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject AdoptarecordsretentionschedulefortheCityofCupertinoandstreamlinetherecords destructionprocess. RecommendedAction AdoptthedraftresolutionrescindingResolutionNo.12039andadoptingarecords retentionschedulefortheCityofCupertino,inadditiontostreamliningtherecords destructionprocess. Background CupertinoselectedGladwellGovernmentalServices,Inc.,anexpertinlocalgovernment records,toupgradeitsrecordsmanagementprogram.Anupgradeintheexisting programwasnecessarytoreducecurrentandfuturerecordsstoragecosts,eliminate duplicationofeffort,increaseefficiencyandtakeadvantageofcurrenttechnologyand changesinlaw. Discussion Theupgradeofthecurrentrecordsmanagementsystemisdrivenbymanyfactors, including: VerylimitedspaceinCityfacilities Manydepartmentsarefilingandstoringcopiesofthesamerecords Cupertinoproducesandmanagesmanypermanentrecords Escalatingrecordsstorageexpenses Technologyadvancements Changesinlaw Thepurposeoftheprogramistoapplyefficientandeconomicalmethodstothe creation,utilization,maintenance,retention,preservationanddisposalofallrecords managedbytheCity. Thenewdepartmentretentionscheduleswerewritteninteractivelywith representativesfromalldepartmentsparticipatingintheproject.Theyprovideclear, specificrecordsdescriptionsandretentionperiods,andapplycurrentlawand 47 technologytothemanagementof"»¶«¸º¯´µ¹records.Byidentifyingwhich departmentisresponsibleformaintainingtheoriginalrecord,andbyestablishingclear retentionperiodsfordifferentcategoriesofrecords,Cupertinowillrealizesignificant savingsinlaborandstoragecostsandrealizeoperationalefficiencies. _____________________________________ Preparedby:GraceSchmidt,CityClerk ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: ADraftResolution 48 RESOLUTION NO. 13- A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO 12-039 AND ADOPTING A RECORDS RETENTION SCHEDULE FOR THE CITY OF CUPERTINO IN ADDITION TO STREAMLINING THE RECORDS DESTRUCTION PROCESS WHEREAS, Section 34090 of theGovernment Code of the State of California provides a procedure whereby any City record which has served it no longer required may be destroyed; and WHEREAS, the State of California has adopted guidelines for rete for various government records; and WHEREAS, on March 4, 2002, the Cupertino City Council adopted Resolution No. 02-037 adopting the Local Government Retention Guidelines Administered the California State Archives Division of the Secretary of Statee records retention schedule for the City of Cupertino;and WHEREAS, on May 1, 2012, the Cupertino City Council rescinded Resolution No. 02-037 and adopted Resolution No. 12-039 amending the records retention schedule to add specific record types and extend timelines on certain record types; and WHEREAS, the City of Cupertino recognizes the importance of providing clear, specific record descriptions and retention periods, and applying current law and technology to a records retention program; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby takes the following action: Section 1. Adopts the Records Retention Schedule, as set forth in Exhibit A, attached hereto and incorporated herein by this reference and au records to be destroyed as provided by Section 34090 et seq. of of the State of California and in accordance with the provision chedule upon the request of the Department Head and with the consent in writi and City Attorney, without further action by the City Council of Cupertino. 49 Resolution No. 13- Section 2. With the consent of the Department Head, City Clerk, City Manager, and City Attorney, updates are hereby authorized to be Records Retention Schedule without further action by the City Co Cupertino. Section 3. The term records as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, opti papers; as defined by the California Public Records Act. Section 4. Resolution No. 12-039 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the City Council of t of Cupertino this 4th day of November, 2013 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________ __________________________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino 2 50 ExhibitA RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Completion ADMINISTRATIVE + 10 years FILES UNSUCCESSFUL BIDS, UNSUCCESSFUL PROPOSALS or RESPONSES to RFPs and/or RFQs AUDIO RECORDINGS City Council Subcommittees 51 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). - Minimum 2 Minimum 2 AGENDAS, AGENDA PACKETS years years (Responding) Minimum 2 Minimum 2 years years Authors ROUTINE 52 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). TRANSITORY / PRELIMINARY DRAFTS, Authors ARE NOT (UNSUCCESSFUL 53 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). (SUCCESSFUL Minimum 5 Minimum 5 years years NOT Purchased Minimum 5 years 54 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Minimum 2 Minimum 2 YOUR Department yearsyears Minimum 2 Minimum 2 years years Minimum 2 Minimum 2 years years 55 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). COURSE Successful Unsuccessful 56 RECORDS RETENTION SCHEDULE: CITY ATTORNEY Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Minimum 2 Minimum 2 yearsyears Minimum 2 Minimum 2 years years Minimum Minimum Final Final Resolution Resolution + 5 years+ 5 years 57 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). IMAGED (1999 & After): NOTIMAGED (Prior to 1999): Minimum 2 Minimum 2 years years ALL Agreement or Contract includes all contractual obligations (e.g. Amendments, Scope of Work , Exchange Orders, or Successful Proposal) Successful Unsuccessful 58 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ALL 59 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ELECTIONS - CONSOLIDATED Ballots and/or protest letters Master Mailing List / Certifications Undeliverable Mail SUCCESSFUL CANDIDATES UNSUCCESSFUL CANDIDATES THOSE NOT REQUIRED TO FILE ORIGINAL WITH CITY CLERK OTHER COMMITTEES SUCCESSFUL CANDIDATES UNSUCCESSFUL CANDIDATES GENERAL, WORKING or ADMINISTRATION HISTORICAL 60 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). (End of Elections Section) 61 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). 62 RECORDS RETENTION SCHEDULE: CITY MANAGER Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY MANAGER / ADMINISTRATION Minimum 2 Minimum 2 yearsyears Minimum 2 Minimum 2 yearsyears Minimum 2 Minimum 2 yearsyears 63 RECORDS RETENTION SCHEDULE: CITY MANAGER Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ECONOMIC DEVELOPMENT / REDEVELOPMENT / SUCCESSOR AGENCY 64 RECORDS RETENTION SCHEDULE: CITY MANAGER Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC AFFAIRS / CITY CHANNEL / CABLE TV / PIO Minimum 2 Minimum 2 yearsyears 65 RECORDS RETENTION SCHEDULE: CITY MANAGER Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Minimum 2 Minimum 2 yearsyears 66 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). BUILDING Database Construction Notices / Inspection Notices (California Building Codes / Uniform Building Codes) 67 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). aÒ·zCzä 5Þ;zmr /;©-z 7 L7Ò·©z .Òz7zmu Building Plans, Permits and Supporting Documents (including project that are expired or withdrawn) {Ò¦¦©·zm 5-Ò;· z-Ò7;t Applications, Fee Estimator, Contractor / Subcontractor list, Owner Builder form, Soils / Geotechnical Reports, Structural Calculations, Special Inspectio Reports, Specifications, Accessibility Hardship form, Alternate Materials & Methods form, Energy Compliance forms, Certificate of Occupancy, Green Bldg Checklist, & Hazardous Materials Questionnaire, Landscape Water Efficiency Checklist, Permit cancellation letters, PG&E / Gas / Electric Abandonment, Removal Letter (Building Demo) 68 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). {zm; Czä 5Þ;zm 7 5Ò¦;ã;u Issued Building Plans, Permits and Supporting Documents (including project that are expired or withdrawn) {Ò¦¦©·zm 5-Ò;· z-Ò7;t Applications, Fee Estimator, Contractor / Subcontractor list, Owner Builder form, Soils / Geotechnical Reports, Structural Calculations, Special Inspectio Reports, Specifications, Accessibility Hardship form, Alternate Materials & Methods form, Energy Compliance forms, Certificate of Occupancy, Green Bldg Checklist, Landscape Water Efficiency Checklist, Permit cancellation letters, PG&E / Gas / Electric Abandonment, Removal Letter (Building Demo) 69 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CODE ENFORCEMENT Minimum 5 Minimum 5 yearsyears Minimum 2 Minimum 2 yearsyears Minimum 2 Minimum 2 yearsyears Minimum 5 Minimum 5 yearsyears 70 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). 71 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). HOUSING AGENDAS, AGENDA PACKETS AUDIO RECORDINGS MINUTES WITH a Recapture / Resale Restriction 72 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). WITHOUT a Recapture / Resale Restriction 73 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PLANNING AGENDAS, AGENDA PACKETS AUDIO RECORDINGS MINUTES AGENDAS, AGENDA PACKETS AUDIO RECORDINGS 74 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). MINUTES Inside City boundaries Outside City boundaries AGENDAS, AGENDA PACKETS AUDIO RECORDINGS MINUTES 75 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). AGENDAS, AGENDA PACKETS AUDIO RECORDINGS MINUTES RESOLUTIONS Planning Project Files - Approved & Unapproved Temporary Entitlements: Christmas Tree Lots 76 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Planning Project Files - Permanent Entitlements (ALL) 77 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). 78 RECORDS RETENTION SCHEDULE: FINANCE Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / ADMINISTRATION 79 RECORDS RETENTION SCHEDULE: FINANCE Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / GENERAL ACCOUNTING Database 80 RECORDS RETENTION SCHEDULE: FINANCE Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). 81 RECORDS RETENTION SCHEDULE: FINANCE Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / PAYROLL 82 RECORDS RETENTION SCHEDULE: FINANCE Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / REVENUE / ACCOUNTS RECEIVABLE 83 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Minimum 3 Minimum 3 yearsyears Minimum 6 Minimum 6 yearsyears Minimum 3 Minimum 3 yearsyears 84 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Employees Medical 85 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Minimum 3 Minimum 3 yearsyears 86 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Office of Retention No.Records DescriptionRetention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Daily Weekly / Monthly 87 RECORDS RETENTION SCHEDULE: PARKS & RECREATION Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). Minimum 2 Minimum 2 years years - Minimum 2 AGENDAS, AGENDA PACKETS Minimum 2 years years 88 RECORDS RETENTION SCHEDULE: PARKS & RECREATION Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). AUDIO RECORDINGS MINUTES 89 RECORDS RETENTION SCHEDULE: PARKS & RECREATION Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). - Minimum 2 AGENDAS, AGENDA PACKETS.Minimum 2 years years MINUTES & BYLAWS 90 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC WORKS / ENGINEERING (FORMATION, BOUNDARIES, ENGINEERS REPORTS, MAPS) - Minimum 2 AGENDAS, AGENDA PACKETS.Minimum 2 years years AUDIO RECORDINGS MINUTES & BYLAWS 91 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Construction Bonds / Subdivision Bonds Administration File 92 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Permanent File Unsuccessful Proposals Regulatory Agencies Minimum 10 Minimum 10 years years 93 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINALS Permanent Encroachments Public Right of Way, Street Permits, Temporary Construction, Traffic Minimum 2 Minimum 2 Control, Utility Cuts etc. years years Not Acquired or Minimum 2 Minimum 2 Developed years years 94 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Administration File Correspondence, Project Schedules, etc. Examples of types of Private Development Projects: CUPs, Lot Line Adjustments, Parcel Maps, Precise Alignment, Specific Plans, Split Lots, Subdivisions, Tracts,. TPMs, TSMs Permanent Files Construction Inspections, Dedications, Drainage, Driveway, Easements, Encroachments, Final Reports, Grading Plans, Photos, Private Lab Verifications, Rights of Way, Stormwater, Testing Lab Verifications, etc. Examples of types of Private Development Projects: CUPs, Lot Line Adjustments, Parcel Maps, Precise Alignment, Specific Plans, Split Lots, Subdivisions, Tracts, TPMs, TSMs 95 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). - Minimum 2 AGENDAS, AGENDA PACKETS.Minimum 2 years years AUDIO RECORDINGS MINUTES & BYLAWS 96 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC WORKS / ENVIRONMENTAL SERVICES Minimum 3 Minimum 3 years years 97 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC WORKS / TRAFFIC ENGINEERING Minimum 5 Minimum 5 years years Minimum 2 Minimum 2 years years Minimum 2 Minimum 2 years years 98 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). 99 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC WORKS / OPERATIONS Regulatory Agencies Minimum 10 Minimum 10 years years 100 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). - Minimum 2 Minimum 2 years years UST Monitoring, Inspections and Maintenance, Release Detection Systems, Cathodic Protection Maintenance Records Repairs, Lining, Upgrade Records Location, Removal, Soil Remediation, Monitoring Well Records 101 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Office of Retention No.Records Description Retention / DispositionComments / Reference Record Inactive Active Total (OFR)(Records (in office)Retention Center) If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required. Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Database CMMS DATABASE All Information Entered in CMMS Database NOT entered in CMMS Database 102 COMMUNITYDEVELOPMENTDEPARTMENT CITYHALL 10300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773308www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject AlcoholicBeverageLicense,Bitter+Sweet,20560TownCenterLane RecommendedAction ApproveapplicationforOnSaleBeerandWine Description NameofBusiness:Bitter+Sweet Location:20560TownCenterLane TypeofBusiness:Restaurant TypeofLicense:OnSaleBeerandWine(41) ReasonforApplication:AnnualFeeandOriginalFee Discussion Therearenozoningorusepermitrestrictionswhichwouldprohibitthesaleofalcohol asproposedandstaffhasnoobjectiontotheissuanceofthislicense.LicenseType41 authorizesthesaleofbeerandwineforconsumptiononoroffthepremiseswheresold. _____________________________________ Preparedby:JuliaKinst,PlanningDepartment Reviewedby:GaryChao,CityPlanner;AartiShrivastava,DirectorofCommunity Development ApprovedforSubmissionby:DavidBrandt,CityManager Attachment:AApplication 103 104 105 106 COMMUNITYDEVELOPMENTDEPARTMENT CITYHALL 10300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773308www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject AlcoholicBeverageLicense,ThaiSquare,21267StevensCreekBoulevard,Suite340 RecommendedAction ApproveapplicationforOnSaleBeerandWine Description NameofBusiness:ThaiSquare Location:21267StevensCreekBoulevard,Suite340 TypeofBusiness:Restaurant TypeofLicense:OnSaleBeerandWine(41) ReasonforApplication:PersontoPersonTransfer,AnnualFee,StateandFederal Fingerprints Discussion Therearenozoningorusepermitrestrictionswhichwouldprohibitthesaleofalcohol asproposedandstaffhasnoobjectiontotheissuanceofthislicense.LicenseType41 authorizesthesaleofbeerandwineforconsumptiononoroffthepremiseswheresold. _____________________________________ Preparedby:JuliaKinst,PlanningDepartment Reviewedby:GaryChao,CityPlanner;AartiShrivastava,DirectorofCommunity Development ApprovedforSubmissionby:DavidBrandt,CityManager Attachment:AApplication 107 108 COMMUNITYDEVELOPMENTDEPARTMENT CITYHALL 10300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773308www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject AlcoholicBeverageLicense,Noodles&Company,20735StevensCreekBoulevard, SuiteH RecommendedAction ApproveapplicationforOnSaleBeerandWine Description NameofBusiness:Noodles&Company Location:20735StevensCreekBoulevard,SuiteH TypeofBusiness:Restaurant TypeofLicense:OnSaleBeerandWine(41) ReasonforApplication:AnnualFeeandOriginalFees Discussion Therearenozoningorusepermitrestrictionswhichwouldprohibitthesaleofalcohol asproposedandstaffhasnoobjectiontotheissuanceofthislicense.LicenseType41 authorizesthesaleofbeerandwineforconsumptiononoroffthepremiseswheresold. _____________________________________ Preparedby:JuliaKinst,PlanningDepartment Reviewedby:GaryChao,CityPlanner;AartiShrivastava,DirectorofCommunity Development ApprovedforSubmissionby:DavidBrandt,CityManager Attachment:AApplication 109 110 111 112 - COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject Approvalofprofessionalservicescontractsforthe20142022HousingElementupdateprocess withMIGastheplanningconsultantandThePlanningCenter|DC&Eastheenvironmental consultant. RecommendedAction StaffrecommendsthattheCityCouncilapprovethefollowing: 1.ApprovethescopesofworkfortheHousingElementupdate(AttachmentAandB); 2.AuthorizetheCityManagertoapprovetheattachedcontractwithMIGastheplanning consultantfortheHousingElementUpdateintheamountnottoexceed$158,575 (AttachmentADraftContractwithMIGfortheHousingElementUpdate); 3.AuthorizetheCityManagertoapprovetheattachedcontractwithThePlanning Center|DC&EtopreparetheEnvironmentalAssessmentfortheHousingElementUpdate intheamountnottoexceed$45,192(AttachmentBDraftContractwithThePlanning Center|DC&EfortheHousingElementUpdateEnvironmentalAssessment);and 4.AuthorizetheCityManagertoapproveContractChangeOrders(CCO)forcontractsfor Items2and3abovetotheextentthattotalexpendituresdonotexceedthetotalamountof theprojectbudget. Background InaccordancewithStatelaw,CaliforniajurisdictionsmusthaveanadoptedGeneralPlanwhich mustcontainaHousingElement.WhileallelementsofaGeneralPlanarereviewedandrevised periodicallytoensurethattheplanremainscurrent,statelawrequiresthattheHousing Elementbereviewedandupdatedonalegislatedschedule.The"¯º¿¹HousingElementwas lastrevisedinApril2010forthe20072014planningperiod.TheCityisnowinitiatingthe publicprocesstoadoptanupdatedHousingElementforthe20142022planningperiod.The CityisrequiredtoadoptanupdatedHousingElementforthe20142022planningperiod, submitandgetitcertifiedbytheCaliforniaDepartmentofHousingandCommunity Development(HCD)beforeJanuary31,2015.Anadditionalgraceperiodof120daysis 113 permitted;sojurisdictionstechnicallyhaveuntilMay31,2015toavoidbeinglate.Jurisdictions whoseHousingElementsareadoptedbythedeadlinecanthenupdatesubsequentHousing Elementsineightyears(2022).JurisdictionsthatdonotadopttheirHousingElementswithin therequiredtimeperiodarerequiredtoupdatetheirHousingElementsagaininfouryears (2018). TheHousingElementprovidespolicydirectionregardingthedevelopmentofhousingunits withintheCitybutitdoesnotdirectlyresultinconstructionoftheseunits.However,itisstill identifiedasa ¶¸µ°«©º »´ª«¸theCaliforniaEnvironmentalQualityAct(CEQA)andanInitial StudywillbepreparedthatisanticipatedtoleadtothepreparationofaMitigatedNegative Declaration. Discussion A.HCDStreamlineReview CommunitiesthatobtainedHCDcertifiedhousingelementsinthelastplanningcycle(2007 2014)andcompletedallofthebasicprogramimplementationareeligiblefor ¹º¸«§³²¯´«ª ¸«¼¯«½!oftheirHousingElementsbyHCDthistimearound.Streamlinedreviewmeansthat HCDwillfocustheirreviewjustonhighlightedchangesintheHousingElementfromthelast cycle.Thestreamlinedreviewisdesignedtoreducethenumberandscopeofhousingelement submittalstoHCDandreducetheiterativeprocessofediting,revising,andsubmittingthedraft HousingElementtoHCDpriortoadoption.ToqualifyCupertinoforthe'"#¹streamlined reviewprocess,theCitymustadoptaDensityBonusOrdinancepriortosubmittingthe2014 2022HousingElementtoHCDforreview.Theproposedscopeincludesthisitem. Staff proposes that two consultants be retained to assist with this process, MIG, a planning |DC&E consultant, and The Planning Center, an environmental consultant. B.ScopeofWorkKMIG TheproposedscopeofworkfortheHousingElementUpdateincludes: Updatingthetechnicalappendiceswherenewdataareavailable(suchasthe2010 CensusandmostrecentlyAmericanCommunitySurvey); AssessinghousingsitesandidentifyanyneedednewsitestomeettheRegionalHousing NeedsAssessment(RHNA)forCupertino; Revisingthehousingpolicyandprogramstoreflectshiftingobjectivesandfunding sources(particularlywiththelossofredevelopmentfunds),streamliningimplementation programs Updatingthe"¯º¿¹DensityBonustocomplywithStatelaw; EnsuringtheHousingElementaddressesallcurrentStatelaws,includingAB1867and SB812enactedin2010; 114 Facilitatingcommunityengagement,includingworkshopsandstudysessions;and CoordinatingwithHCDtocertifytheHousingElement. C.ScopeofWorkKThePlanningCenter|DC&E TheproposedscopeofworkfortheenvironmentalassessmentfortheHousingElementUpdate includes: FormulatingaprojectdescriptionoutlininghowtheCitywillbeupdatingitsHousing Elementandmeetitsfairsharehousingallocation/obligationsforthe20142022planning cycle; Evaluatingthehousingsitesidentifiedaspartoftheenvironmentalevaluationprocess; PreparinganInitialStudythatdocumentstheexistingcondition,projectimpacts(ifany), andmitigationmeasures(ifrequired),aswellastheresultinglevelsofsignificancefor potentialimpactsundereachofthetopicalarearequiredunderCEQA(i.e.,aesthetics,air quality,communityrisks/hazards,greenhousegas,biologicalresources,cultural resources,geology/soils,hazardousmaterials,hydrology,landuse,noise,population& housing,publicservices,parks,recreation,transportation,andutilities); PreparingaMitigationMonitoringandReportingProgramforanypertinentmitigation measuresincludedintheInitialStudyorMitigatedNegativeDeclarationpursuanttothe "¯º¿¹policiesandprocedures;and Facilitatingpublicreviewandresponsetotheenvironmentaldocuments. PleaserefertotheAttachmentsAandBforthedetailedtasklistsforthescopesofwork preparedbyMIGandthePlanningCenter|DC&E. D.RegionalHousingNeedsAllocation(RHNA) ThemajorrequirementoftheHousingElementisforcitiestoadequatelyplanfortheirexisting andprojectedhousingneeds,includingtheirshareoftheregionalhousingneed.Withineach planningperiod,regionalhousingneedsareidentifiedbyHCDandallocatedforeach jurisdictionbytheAssociationofBayAreaGovernments(ABAG)inaprocessreferredtoasthe RegionalHousingNeedsAllocation(RHNA)."»¶«¸º¯´µ¹RHNAforthe20072014periodwas 1,170units."»¶«¸º¯´µ¹allocationforthe20142022planningperiodis1,064unitswiththe breakdownbyincomelevelasfollows: IncomeLevelAllocation VerLow356 y Low207 Moderate231 AboveModerate270 Total1,064 115 HCDdoesnotrequirethatunitsbebuiltbutinsteadrequiresmunicipalitiesto ¯ª«´º¯¬¿ adequatesitesforhousingandmakeadequateprovisionfortheexistingandprojectedneedsof alleconomicsegmentsofthe©µ³³»´¯º¿ ! E.ConsultantSelection InJuly2013,RequestsforProposals(RFPs)weresentoutforaqualifiedplanningand environmentalconsultanttopreparetheHousingElementUpdateandassociated EnvironmentalAssessment(IS/MND).Theproposalswereevaluatedonthefollowingcriteria: Firmsexperience Qualificationoftheprojectteam The¬¯¸³¹understandingoftheprojectandtheCityCupertino Thefirmsapproachandmethodology;and Cost CityconductedconsultantinterviewsinOctober2013.Theresultsoftheinterviewunanimously placedMIGasthefirstchoicefortheprospectiveplanningconsultant,andThePlanning Center|DC&EasthefirstchoicefortheEnvironmentalconsultantfortheproject.Pleasenote thatMIGandThePlanningCenter/DC&Earealsoworkingonthe"¯º¿¹currentGeneralPlan Updateprocess.Theirselectionwillfurtherensuresuccessfulandefficientintegrationof HousingElementwiththeoverallGeneralPlanAmendmentprocess. ThetotalcontractamountfortheHousingElementUpdateanditsassociatedEnvironmental Assessmentwouldbe$250,000includingmiscellaneouscostsandcontingency(seeAttachment "KHousingElementUpdateCost).TheFY201314budgethasallocatedanamountof$359,000 (approximately$250,000forconsultantsand$109,000foracontractplanner). Therefore,staffrecommendsthattheCouncilapprovecontractswithMIGandThePlanning Center|DC&EthatfundtheGeneralPlanHousingElementUpdateandAssociated EnvironmentalReview. ____________________________________________________ Preparedby:DianaPancholi,AssistantPlanner Reviewedby:GaryChao,CityPlannerandAartiShrivastava,CommunityDevelopment Director ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: A.ContractwithMIGfortheHousingElementUpdate B.ContractwithThePlanningCenter|DC&EfortheHousingElementUpdateEnvironmental Assessment C.HousingElementUpdateCost 116 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MIG FOR CONSULTANT SERVICES FOR HOUSING ELEMENTUPDATE THIS AGREEMENT, for reference dated October 23, 2013,is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and MIG, aCalifornia corporation,whose address is 800 Hearst Avenue, Berkeley, California 94710(hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A.City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B.Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C.City and Consultant desire to enter into an agreement fora total amount not to exceedONE HUNDRED FIFTY EIGHT THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS($158,575)upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM 1.: th The term of this Agreement shall commence onNovember 4, 2013,and shall terminate on December 31, 2014,unless terminated earlier as set forth herein. SERVICES TO BE PERFORMED 2.: Consultant shall perform each and every service set forth in ExhibitA,which is attached hereto and incorporated herein by this reference, in accordance with the terms and conditions set forth in this agreement. Consultant’s Project Manager to represent consultant during the day-to-day work on the Project is Genevieve Sharrow, Associate Principal. Consultant’s Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key newor replacement personnel will be subject to the prior written approval of the City. Consultant, at City’s request, also agrees to promptly remove personnel who City finds do not perform the Services in an acceptable manner. COMPENSATION TO CONSULTANT 3.: Consultant shall be compensated for services performed pursuant to this Agreement in the amountsset forth in ExhibitB,which are attached hereto and 117 incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City,to be taken from the 110-7302-9330fund. Consultant shall submit monthly invoices to the City in accordance with the provisions set forth in ExhibitsC. TIME IS OF THE ESSENCE: 4. Consultant and City agree that time is of the essence regarding the performance of this Agreement. STANDARD OF CARE 5.: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. INDEPENDENT PARTIES 6.: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independentcontractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items,if required, are the responsibility of Consultant. IMMIGRATION REFORM AND CONTROL ACT (IRCA): 6. Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. NON-DISCRIMINATION: 7. Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. HOLD HARMLESS 8.: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, andhold harmless the 118 City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant’s employees, officers, officials, agents or independent contractors.Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. INSURANCE 9.: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. COVERAGE A.: Consultant shall maintain the following insurance coverage: Workers' Compensation (1): Statutory coverage as required by the State of California. Liability (2): Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage:$100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. Automotive (3): Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury:$500,000 each occurrence Property Damage:$100,000 each occurrence or Combined Single Limit: $500,000 each occurrence 119 Professional Liability (4): Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. SUBROGATION WAIVER B.: Consultant agreesthat in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. FAILURE TO SECURE C.: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. ADDITIONAL INSURED D.: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance providedby this policy. SUFFICIENCY OF INSURANCE E.: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. CONFLICT OF INTEREST: 10. Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. PROHIBITION AGAINST TRANSFERS 11.: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or otherfinancial institution without prior written consent. Written notice of 120 such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. SUBCONTRACTOR APPROVAL 12.: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement.Consultant may change or add subcontractors only with the prior written approval of City. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. PERMITS AND LICENSES: 13. Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. REPORTS 14.: A.Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report",reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B.All Reports prepared by Consultant may be used by City in execution or implementation of: (1)The original Project for which Consultant was hired; (2)Completion of the original Project by others; (3)Subsequent additions to the original project; and/or (4)Other City projects as appropriate. C.Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D.All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E.No Report, information or otherdata given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City.If such Reports are reused by 121 City for any purpose other than that for which such Reports were originally prepared, or if City causes such Reports to be altered without Consultant’s written consent, such reuse shall be at City’s risk. RECORDS: 15. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. NOTICES: 16. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention:Aarti Shrivastava, Director of Community Development All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: MIG, Inc. 800 Hearst Avenue Berkeley, California 94710 Attention: Laura R. Stetson, AICP TERMINATION: 17. In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in 122 the performance of this Agreement. If such default is not cured withinthe time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default andthe steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. COMPLIANCES: 18. Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. CONFLICT OF LAW: 19. This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. ADVERTISEMENT: 20. Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. WAIVER: 21. A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. INTEGRATED CONTRACT: 22. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbalagreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. INSERTED PROVISIONS 22.: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, theAgreement shall be amended to make such insertion on application by either party. 123 CAPTIONS: 23. The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANTCITY OF CUPERTINO A Municipal Corporation MIG, Inc By ByGary Chao TitleTitleCity Planner Date___________________Date____________________ RECOMMENDED FOR APPROVAL: By TitleDirector, Community Development APPROVED AS TO FORM: By City Attorney ATTEST: By: City Clerk 124 EXHIBIT A SCOPE OF SERVICES HOUSING ELEMENTUPDATE 125 Scope of Work We have prepared a scope of work based upon our extensive Housing Element experience and our understanding of what is needed for the Cupertino Housing Element. The RFP includes a comprehensive and thorough scope of work. Some of the items from the RFP scope of work have been reorganized under different tasks in this proposal to facilitate a streamlined linear approach to project completion and budgeting. We have developed a core scope that directly addresses the requirements of State law, supplemented by optional tasks from which the City can choose to enhance the program. This allows for the most flexibility in terms of scope of services, budget, and schedule. Based on subsequent discussions with City staff, the scope can be expanded, contracted, or otherwise modified. With regard to the extent of staff involvement or staff assistance that will be required for this project, City staff will be responsible for providing MIG with needed City data, and will review documents and materials we have prepared. Staff will also be responsible for preparing public notices related to public meetings and hearings. PHASE 1 COMMUNITY ENGAGEMENTAND HOUSING ELEMENT PREPARATION Task 1 -Project Initiation and Ongoing Coordination 1.1 -Project Kick-off and Work Program Refinement We will conduct a kick-off meeting with City staff to refine the work scope, identify key project team roles, and establish product review procedures. The project scope, including community outreach components, will be refined based on our discussion, and critical project milestones and a clear project schedule will be established. The project schedule will outline a work plan focused on achieving an adopted and State-certified Housing Element by January 2015. Critically, the schedule will show how Housing Element tasks integrate with the focused General Plan update work program, particularly with regard to community outreach activities and the CEQA process. 1.2 -Ongoing Coordination/City Staff Meetings For the duration of the project, MIG project manager Genevieve Sharrow will conduct regular phone calls with City staff to ensure project coordination and to support close collaboration. These calls and meetings will allow the team to review project status and to discuss issues, documents, and plan presentations. This task will also include correspondence with the City to advise and respond to questions from City staff regarding completion of required CEQA documentation for the project since another consultant will be preparing the CEQA document. 1.3 -Use of BaseCamp To ensure the City/consultant team has easy access to all materials associated with and produced as part of the Housing Element update, we will use the BaseCamp program for posting of documents. BaseCamp is more than an ftp site. The software allows for easy team communications and document control. We will manage the site and invite the entire City/consultant team to use it. 1.4 -SB 18 Consultation (OPTIONAL) MIG has included an optional task to assist the City with SB 18 consultation, as required by State law. As part of this optional task, MIG will provide the City with draft letters to Native American Heritage Commission and identified tribes, along with instructions for SB 18 Consultation. Telephone calls or meetingswith responding tribes are not included in this proposal. Because this effort is also required for the focused General Plan update underway, we can look at how the tasks might be consolidated. 126 1.5 -Density Bonus Zoning Code Amendment As indicated in the RFP and our discussions with you, the City has not yet completed the amendment to the density bonus provisions in the Zoning Code to ensure full compliance with State law. Having density bonus regulations that achieve this status will be required to qualify for HCD’s streamlined review of the draft Housing Element. The MIG/VTA team will assist the City with completing the Code amendment prior to the time we submit the draft Housing Element to HCD for review. SB 1818 (2004) made several changes the State density bonus law, including: Putting the density bonus on a sliding scale from 20% to 35% for apartments, and 5% to 35% for condominiums Reducing required parking Requiring local governments to grant developers flexibility on one to three land use rules depending on how many affordable residences will be included in the proposed developments Requiring local governments to approve requested flexibility in land use rules except for three relatively narrow reasons (not needed by developer, adverse impact that cannot be mitigated on either a Historic-Cultural monument or public health and safety) The ordinance must be updated to reflect the sliding scale of units permitted with a density bonus. Furthermore, the law is general in the area of flexibility on land use rules–also called concessions or incentives, which the density bonus ordinance should address. We understand that the City has completed draft revisions. We will review the revisions for compliance with State law and our understanding of Cupertino’s needs, and will provide a track-changes draft Density Bonus Ordinance, building on the City’s draft. This budget and scope assumeone round of review of the draft amendment and then preparing the final draft amendments in response to City staff comments.This scope and budget includesattendancesat one (1) hearing. Deliverables Administrative Draft Density Bonus Ordinance (one digital copy) Hearings Draft Density Bonus Ordinance (one digital copy) Task 2 -Community Engagement State Housing Element law requires that meaningful public outreach be included as part of the update process. More importantly, however, Cupertino views robust community engagement to be critical to the planning process. In our ongoing work on the General Plan update, we appreciate the intense interest Cupertino residents express in maintaining community qualities, and we know the Housing Element program will continue to elicit impassioned participation and views. In the RFP, the City identifies its desire for a broad-based community engagement program consisting of stakeholder interviews, community meetings, commission and council study sessions, and of course public hearings. Our goal is to ensure the engagement program reaches the appropriate constituencies, allows for thorough education and input, and avoids meeting confusion and fatigue (relative to events planned for the General Plan update). Based on our prior housing element work experience, we have seen that the public responds best when participants can react to concrete proposals. We have found that a successful way to solicit input on housing issues is to include the Housing Element as an informational item at a regularly scheduled Planning Commission, Housing Commission, or City Council meeting. However, for 2 127 Cupertino we recommend that the process be “front loaded,” with opportunities for stakeholder input on issues and preliminary programs and ideas before the Element is drafted. Once the draft Housing Element is complete, we will conduct workshops with the Housing Commission, Planning Commission, and City Council. If it works from a scheduling perspective, we recommend joint workshops, as we have found such workshops encourage a healthy interplay of ideas. As part of the work scope refinement process, we can discusswith staff the most effective approach for community engagement based on the ideas presented below, including opportunities to ensure the involvement of key stakeholder groups, non-profits, and the community. Laura Stetson and Ellie Fiori, both of whom have extensive professional facilitation experience, will lead all community engagement activities. Public hearings, which are part of the community engagement process, are addressed in Task 5. 2.1 -Housing Element Website and On-line Survey (OPTIONAL) As an optional task, MIG can modify the structure of the existing General Plan update website we are maintaining to include a separate Housing Element tab and/or to integrate the Housing Element schedule and tasks into the overall materials for the General Plan. This task would include providing notifications of upcoming workshops and hearings, and for posting of draft materials for review and comment. We would also include focused on housing issues. an on-line survey 2.2 -Stakeholder Interviews As indicatedin the RFP, City staff anticipates substantial public interest in the Housing Element update. A series of stakeholder interviews will allow for ideas and opinions to be learned early in the process, before policy and program revisions are drafted. Throughthe stakeholder interviews, we will be able to engage in frank discussions with housing services providers, developers, major property owners, homeowners associations, and underrepresented communities and communities with special needs. Those groups listed on page 6 of the RFP will be among those invited to the interviews. To ensure that this broad reach is achieved, our scope provides for a full day and evening of stakeholder interviews. We will work with City staff to develop the list of groups to be included. Some of the interviews may consist of one-on-one discussions, with most, however, consisting of group interviews; the groups will be arranged based on loose affiliations or missions. For example, the evening meeting would include homeowner associations and other Cupertino residents’ organizations. During the day, we will reach out to organizations knowledgeable of the housing and community development needs of special needs groups to gauge the type and extent of needs for families, elderly residents, disabled residents, homeless persons, and persons living with AIDS/HIV. Following the interviews, we will prepare a summary report. 2.3 -Community Workshop Series MIG will conduct a total of threecommunity workshops to occur at strategic points duringthe program. These community meetings will offer the public additional opportunities to provide comments on housing issues and feedback on preliminary recommendations with regard to potential housing sites, and contribute to clarifying housing policy for the Draft Housing Element.At the workshop, we will present background materials regarding projected five-to ten-year growth on the Peninsula and in the Bay Area, the RHNA, Cupertino’s prior and ongoing efforts to meet identified housing needs, and preliminary ideas for this 2014-2022 planning period. During the workshops, MIG staff will use its well-known graphic recording process to make sure all ideas and opinions are captured. Following the workshops, we will prepare a summary report. 3 128 2.4 -Housing Element Study Sessions with Commissions and Council(First phase optional) It will be important to engage the Housing Commission, Planning Commission, and City Council in policy direction before the official draft Housing Element is prepared and once again before the official draft Element is forwarded to HCD for review. In the RFP the City identifies the need for the following: Housing Commission –one study session Planning Commission –two study sessions City Council –two study sessions In our prior Housing Element work, we have found joint study sessions to be highly effective for encouraging discussion among diverse policy voices, and to be sensitive to the public’s desire to avoid meeting fatigue. If Cupertino is accustomed and amendable to joint sessions, we will arrange for them accordingly. If separate sessions are desired for the commissions and council, we can arrange this as well. In response to the RFP, the budget provides for . However, cost five study sessions savings can be achieved if the City opts for joint sessions. The Housing Element Study Sessions are intended to be delivered in two phases—the first with Planning Commission and City Council, and the second with the Housing Commission, Planning Commission, and City Council. The total cost for the first phase of study sessions would be $6,000; this phase is identified as an optional item. For each study session, we will prepare for the City an electronic invitation template to stakeholders for distribution. City staff will identify appropriate recipients of invitations and distribute a public notice regarding the study sessions. For the sessions, we will provide an overview of the Draft Housing Element—including State requirements, constraints, and programs designed to meet the RHNA—and options for housing goals, policies, and programs. The public and Commissioners/Council members will be asked to review and provide feedback on the information provided. MIG will prepare the PowerPoint presentation for the study sessions, as well as staff reports to be distributed prior. MIG will submit the documents electronically to City staff for review, reproduction, and/or distribution. MIG will organize and lead each session. 2.5 -Housing Element Advisory Committee (OPTIONAL) In the RFP, the City asks for us to consider whether a Housing Element Advisory Committee would be helpful to the process. Given the broad reach we anticipate will be achieved with the activities described above, we do not anticipate that such a committee would be necessary. Instead, if the City believes that another avenue of review and feedback would contribute, we would recommend expanded use of the Housing Commission for public discussion of proposed policies and programs. Deliverables Housing Element tab on the current General Plan update website (Optional) On-line Housing Element survey (Optional) Stakeholder interview summary (InDesign and pdf electronic files) Community Workshops: PowerPoint presentation, workshop invitation template, workshop summary with wall graphic (InDesign and pdf electronic files) 4 129 Study Sessions: PowerPoint presentation, invitation template, staff reports, summary with wall graphic (InDesign and pdf electronic files) Task 3 -Draft Housing Element Consistent with State Housing Element law, the document must include a housing needs assessment, an analysis of constraints to housing production, identification of resources to meet housing needs and available sites for housing development, an assessment of previous accomplishments, and an implementation plan. Task 2.6 -School Information Fact Sheet As indicated in discussions with City Staff, additional research and analysis is warranted to provide more detailed information on school-related costs and benefits associated with new residential development and Housing Element policy. The MIG/VTA team will assist the City with additional research, outreach, and analysis related to this task. To conduct more in-depth research on school capacity, school enrollment trends, and school costs, we propose to complete interviews with representatives from both the Cupertino Union School District (CUSD) and the Fremont Union School District (FUSD). Input from these interviews, as well as information provided by the districts, will be used to inform the School Information Fact sheet that we will prepare. Deliverables would include one (1) summary of the interviews and one (1) School Information Fact Sheet. Total cost for this task would be $8,000. This budget assumes one round of review of the School Information Fact Sheetand then preparing the final document in response toCity staff comments. Deliverables School Interview Summary(Word/PDF electronic file) School Information Fact Sheet (Word/PDF electronic file) 3.1 -Assessment 3.1.1 -Document Review The MIG/VTA team will review City documents to aid in understanding local conditions and the community’s housing needs. A complete data needs list will be provided to the City prior to the kick- off meeting. The consultant team will be responsible for identifying and resolving any information gaps. 3.1.2 -Progress Report on the 2007-2014 Housing Element The Housing Element is required by State law to include a report on the progress the City has made in implementing the current Housing Element. Based on our preliminary assessment, we understand that Cupertino has implemented virtually all of the programs in the 2007-2014 Element. Consistent with State law, we will assess the continued appropriateness of the programs and policies in contributing to the attainment of the stated housing goals. The project team will specifically assess all housing programs to determine whether existing programs were successfully implemented and to inform future policy recommendations. The results of the 2007-2014 progress report will be quantified where possible, but may be qualitative where necessary. The consultant team will prepare a Housing Element assessment memo/progress report summarizing the results from this analysis and recommending specific changes to be incorporated into the Housing Element update, as well as a detailed outline for the Housing Element update, considering the findings of the Housing Element assessment memo. 5 130 3.2 -Housing Element Preparation The MIG/VTA team will prepare the components of a draft Housing Elementthat address the requirements of State law. In preparing the Housing Element update, we will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to thebest course of action. 3.2.1 -Housing Needs Analysis We will complete a housing assessment and needs analysis to comply with Government Code Section 65583(a), SB 375, and other applicable State statutes, covering specific demographic, economic, and housing topics as identified in the RFP. We anticipate updating the Housing Needs Assessment with housing and population data based on the 2010 U.S. Census, latest three-and five- year estimates from the American Community Survey, and other up-to-date City data available related to existing housing units and recent development projects. The MIG/VTA team will assess housing costs and conditions and evaluate housing needs within the City, including housing needs for special population groups. We will address anyapplicable new State laws, including SB 812, which requires an analysis of developmentally disabled persons’ housing needs, in this section. We will also assess existing assisted housing developments that are eligible to change designation from low- incomehousing to market-rate housing over the next 10 years, consistent with State law. 3.2.2 -Housing Constraints Analysis The Housing Constraints analysis identifies potential and actual governmental and nongovernmental (e.g. physical or financial) constraints to housing production, including any constraints on people with disabilities, as required by SB 520. We will update this section as necessary with up-to-date development processes and fees, as well as changes in market constraints due to the economic changes since the last Housing Element was written. We will assess the potential for residential development consistent with adopted land use and zoning policy, as well as opportunities for energy conservation. Where constraints exist, we will suggest housing programs to mitigate or remove these constraints. 3.2.3 -Housing Resources and Sites Analysis The Resources and Sites analysis will focus on site suitability for housing, drawing from sites identified in the 2007-2014 Housing Element. We anticipate that many of these sites will continue to be available for this Housing Element; where new sites are necessary due to project development or changes in circumstance, we will assess the areas in the City identified as most likely to redevelop at density levels that can facilitate affordable housing and prepare appropriate GIS maps. We will also draw from the analysis of potential housing sites arising from the General Plan update discussion, notably any consideration for high-density and/or workforce housing at the Vallco Shopping Mall. The analysis will also evaluate and include funding resources, administrative resources, and opportunities for energy conservation. 3.2.4 -Housing Goals, Policies, and Quantified Objectives Based on the analysis completed in the above items and building on the existing housing element, MIG/VTA will craft a Housing Plan with goals, policies, and implementation programs relative to the maintenance, preservation, improvement, and development of housing to cover this new planning period. Quantified objectives will also be established to address housing needs for all income groups, including extremely low income households. We will craft a Housing Element that responds to State law requirements that ensure housing opportunities are available to all persons in the city; preserve and improve the existing stock of affordable housing; facilitate development of adequate housing to meet the needs of low-and moderate-income households, meeting regional share of goals; mitigate any governmental constraints to housing production, improvement and/or maintenance; and ensure consistency with other General Plan elements and community goals. The Housing Plan will also 6 131 include an implementation program including monitoring procedures and milestones for assessment purposes. 3.2.5 -Administrative Draft and Draft Housing Element The Administrative Draft Housing Element will be submitted to the City electronically for staff review. The City will be responsible for collecting all staff comments and creating a single “comment document” from which MIG/VTA will revise the Administrative Draft Housing Element for the Commission and Council study sessions. The scope and budget assume one round of staff comments and consultant team revisions. Following theseries of study sessions on the preliminary draft Element and based on input from community leaders and residents, we will revise and prepare the official public review draft of the Housing Element to transmit to HCD. Deliverables Administrative Draft Housing Element (InDesign and pdf electronic files) Draft Housing Element for Public Review (30 printed copies, plus InDesign and pdf electronic files) PHASE 2 HOUSING ELEMENT ADOPTION AND CERTIFICATION Task 4 -Liaison to the Department of Housing and Community Development 4.1 -HCD Liaison and Certification This task involves coordination with HCD to review the City’s Draft Housing Element for consistency with State housing element law, including preparation and submittal of transmittal letters to HCD and completion of Streamline Review checklists. For our recent work preparing Housing Elements for the fifth cycle for jurisdictions in the Southern California Association of Governments (SCAG) and San Diego Association of Governments (SANDAG) regions, we have succeeded in securing compliance letters from HCD after only a single round of review. We have worked extensively with HCD staff during the review periods to address their comments prior to expiration of the 60-day review timeline. For Cupertino, our goal is to achieve the same. However, to be conservative, our scope assumes up to two rounds of HCD review for the draft Housing Element and one round of HCD review on the adopted Housing Element. (HCD is allowed 60 days to review a draft Housing Element and 90 days to review an adopted Housing Element.) During the initial review period—and during the course of element preparation—we will keep in contact with HCD staff to facilitate review and anticipate/respond to any specific concerns HCD may have. As necessary, we will provide HCD with any requested supplemental data or information on proposed programs, policies, and strategies to meet the RHNA and otherwise comply with State law. As we cannot fully anticipate the depth and scope of comments HCD will offer (particularly given the recent HCD administration changes) nor the time required to effectively negotiate a position acceptable to the City, we have provided an allowance for this task in the program budget. If additional effort is required beyond thisallowance, we will bill for additional work on a reimbursable basis with prior authorization from the City. Our scope includes pre-submittal consultation with HCD staff, submittal of the Housing Element, completion of the Streamline Review checklists, conference calls with HCD staff and City staff to discuss comments, and preparation of written responses to HCD comments as needed. Based on interactions with HCD staff in recent months, we have the distinct impression that the new administration is looking to ease the review process for all involved. 7 132 Subsequent to City Council adoption, MIG/VTA will consult with HCD staff regarding any changes to text required by Planning Commission or City Council and will submit a final, adopted 2014-2022 Housing Element to HCD for State certification of compliance with State Housing Element laws. We will work closely with City staff to ensure that the City meets all HCD deadlines and requirements. Deliverables HCD Draft Housing Element (one digital copy and one printedcopy for HCD submittal) HCD transmittal letter and Streamline Review checklists (printed copies) Task 5 -Hearings, Adoption, and Final Housing Element 5.1 -Public Hearing Draft Housing Element Following HCD review and determination that the Draft Housing Element complies with State Housing Element law, we will prepare a version for review by the public and decision makers. 5.2 -Staff Reports and Hearings MIG will prepare staff reports and a PowerPoint presentation to be used during the public hearings. Either Laura Stetson or Veronica Tam will attend public hearings for adoption of the Draft Housing Element. Our budget includes an allowance we consider sufficient to prepare the staff reports and PowerPoint presentation, and to attend (assuming two each with the Housing six public hearings Commission, Planning Commission, and City Council). Any time required beyond this allowance will be billed on a time-an-materials basis with prior approval by the City. City staff will prepare and publish the public notices. Deliverables 2014-2022 Housing Element for public hearings (electronic files in pdf and InDesign formats, 30 printed copies, and 30 CDs) Staff reports for public hearings (Word and pdf electronic files) PowerPoint presentation for public hearings Adopted 2014-2022 Housing Element (electronic files in pdf and InDesign formats; assumes that adopted element will be integrated into updated General Plan and printed with that publication) Task 6 -Design Schematics and Legal Descriptions (Optional) In theRFP, the City identifies two tasks that may be added to the work scope and should be identified as optional tasks. The first involves preparing design schematics for future housing sites (with the imagery in a format that can easily be provided to the City). The second involves preparing legal descriptions for any sites proposed to be rezoned to accommodate the RHNA. 6.1 -Design Schematics(OPTIONAL) MIG has in-house capabilities to prepare highly illustrative 3-d images of potential housing developments on any of the identified sites, whether previously identified (in the 2007-2014 Element) or under consideration as part of this update. We can show varied examples depending upon densities, massing/stories, relationships to surrounding uses, and any other parameters the City thinks would be helpful to communicate information to the public and policy makers. On the next page we provide examples of our capabilities. In the budget we provide a cost estimate for this task based on conducting a half-day design charrette with City staff, followed by design refinement at up to three sites. This can be adjusted as part of the scope refinement process. 8 133 UPDATED SEPTEMBER 22, 2013 project schedule Updated October 21, 2013 PHASE I Kick-off/Existing Conditions Visioning and AlternativesDraft General Plan AmendmentPublic Hearings and Adoption PHASE II PHASE III PHASE IV Ongoing City Staff and EIR Team Coordination Project Website and Comment Form Newsletter, eBlast, Project Kick-off Newsletter, eBlast, Newsletter, eBlast, Newsletter, eBlast, Press Release Meeting/TourPress Release Press Release Press Release and Poster Mar 2013 and Posterand Posterand Poster PUBLIC REVIEW AND ADOPTION CONCEPT ALTERNATIVESDRAFT GENERAL PLAN AMENDMENT VISIONING StakeholderOngoing Interviews Stakeholder May/June 2013 Coordination Joint PC/CC PC Public CC Public CW #1 CC Adoption Community PC HearingCC MeetingCW #3 CW #2 Meeting Hearings Hearings July 2013 Hearing Open House Jan 2014Feb 2014 Mar 2014 Oct 2013 Apr 2014 Sept 2014Sept 2014 Oct 2014 Jun 2014 ReÐ ned Work Plan General Plan Concept Alternatives Draft Revised Draft Base Maps Settings and Market Study and Retail Strategy Final Analysis AlternativesReport General Plan General Plan Opportunities and GIS Allocation Analysis Nov 2013 General Plan and Policy Nov 2013Dec 2013 AmendmentAmendment Mar-May 2013 Report, and Oct 2013 Amendment Framework Mar 2014 May 2014 Vision Framework Outreach Oct 2014 Feb 2014 Jun 2013 Plan Mar 2013 Initiation Meeting, and Ongoing City Staff and EIR Team Coordination Study Study HCD Community Community Public Review StakeholderDensity BonusCommunity School Info HC Public Public Hearing PC Public CC Public Final Housing Sessions SessionsReview Workshop #2Workshop #3 Draft HE Fact Sheet Interviews OrdinanceWorkshop #1 Meeting Draft HEHearingHearing Element Mar-Apr 2014 May-Jun 2014 Jul-Aug Mar 2014May 2014 May 2014 Nov-Dec 2013Jan 2014Jan 2014Feb 2014 Sept 2014 Sept 2014Oct 2014Oct 2014 Oct 2014 (Optional) 2014 Initiate EIR Project Description, EIR Scoping Existing Conditions Admin Draft EIR Final EIR Draft EIR Process Meeting Initial Study and NOP Sept 2014 Reports Oct 2014Oct 2014 July 2013 Mar 2014Apr 2014 Oct 2013 134 MARCH - JUNE 2013JULY 2013 - JANUARY 2014FEBRUARY - MAY 2014JUNE EXHIBIT B COMPENSATION HOUSING ELEMENTUPDATE City shall compensate Consultant for professional services performed for the Housing Elementin accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount for each task set forth below. The compensation to be paid to Consultant under this Agreement for allservices described in Exhibit “A” and reimbursable expenses shall not exceed the amounts set forth below, for a total amount for the services described in Exhibit A not to exceed $158,575.Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Principal-in-Charge$195per hour Project Manager:$110per hour Strategic Advisor:$135 per hour GP Liaison/Design: $130 per hour GIS/Graphic: $125 per hour Planner and Outreach:$120per hour Project Planner$90per hour Word Processing:$85per hour Invoices In order to request payment, Consultantshall submit monthly invoices to the CITY describing the services performed and the applicable charges (including anidentification of personnel who performed the services, hours worked, task(s) for which work was performed, hourly rates, andreimbursable expenses), based upon Consultant’s billing rates. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City’s Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. 135 CityofCupertino Planner LeadStrategicProjectGPLiaison/ PrincipalandWord HousingElementUpdate PlannerAdvisorGIS/PlannerDesignDirect OutreachProcessTotal GraphicsCosts ing October2013Amsden/ StetsonSharrowTamFioreSuimanjaya Mullen $195$110$135$120$90$130$100$85 TASK1.0ProjectInitiationandOngoingCoordination 1.1KickoffMeeting/ProgramRefinemen88$500$2,940 t OngoingCoordination/CityStaffMeetings 1.21620168$800$9,320 BaseCampManagement 1.3888$50$2,690 SB18Consultation 1.4SeeOptionalTasksBelow DensityBonusCodeAmendmen 1.5$2,500 t TASK2.0CommunityEngagement HousingElementWebsiteandOnlineSurvey 2.1SeeOptionalTasksBelow StakeholderInterview 2.2s16416$600$6,080 CommunityWorkshops(3workshops 2.3)26123346189$1,880$16,100 HousingElementStudySessions(3total 2.4)14101014365$1,205$9,480 SchoolInformationFactShee 2.6t$8,000 TASK3.0DraftHousingElement 3.1Assessment DocumentReview18241$1,790 ProgressReporton20072014Element164161$2,920 3.2HousingElementPreparation HousingNeedsAnalysis124402$4,725 HousingConstraintsAnalysis184402$6,585 HousingResourcesandSitesAnalysis44048122$8,130 HousingGoals,Policies,andObjectives1812402$6,465 AdministrativeDraftandDraftElements162482416412$750$13,330 TASK4.0LiaisontoHCD 4.1HCDliaisonandCertification(allowance)416888$5,300 TASK5.0Hearings,Adoption,FinalHousingElement 5.1PublicHearingDraftHousingElement41668824$750$6,320 5.2StaffReportsandHearings StaffReports(allowance)63226$200$5,600 Hearings(6)2482484$1,800$11,740 FinalHousingElement28284$500$3,180 TOTAL 10,645238107152132256854$9,035$133,195 OPTIONALITEMS {. /Ò··z Å ;,z·;7hz;{Ò©Ý;ä;·z·; u Å År h¦·z{·Ò7ä{;z uÅr 5;zm{-w;·z-;·z·; u Å Å r 136 AGREEMENT BETWEEN THE CITY OF CUPERTINO ANDTHE PLANNING CENTER/DC&EFOR CONSULTANT SERVICES FOR HOUSING ELEMENTUPDATEENVIRONMENTALASSESSMENT THIS AGREEMENT, for reference dated October 23, 2013,is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred toas "City"), and The Planning Center/DC&E, a California corporation,whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, California 94709 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A.City isa municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the CupertinoMunicipal Code. B.Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C.City and Consultant desire to enter into an agreement fora total amount not to exceedFORTY FIVE THOUSAND, ONE HUNDRED NINETY TWO ($45,192) upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM 1.: th The term of this Agreement shall commence onNovember 4, 2013,and shall terminate on December 31, 2014, unless terminated earlier as set forth herein. SERVICES TO BE PERFORMED 2.: Consultant shall perform each and every service set forth in ExhibitA,according to the project schedule set forth in Exhibit B, which exhibits areattached hereto and incorporated herein by this reference, in accordance with the terms and conditions set forth in this agreement. Consultant’s Project Manager to represent consultant during the day-to-day work on the Project is Terri McCracken, Associate Principal. Consultant’s Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnelfor any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the City. Consultant, at City’s request, also agrees to promptly remove personnel who City finds do not perform the Services in an acceptable manner. 137 COMPENSATION TO CONSULTANT 3.: Consultant shall be compensated for services performed pursuant to this Agreement in the amountsset forth in Exhibits"C",which are attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110-7302-9330fund. Consultant shall submit monthly invoices to the City in accordance with the provisions set forth in ExhibitsC. TIME IS OF THE ESSENCE: 4. Consultant and City agree that time is of the essence regarding the performance of this Agreement. STANDARD OF CARE 5.: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. INDEPENDENT PARTIES 6.: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. IMMIGRATION REFORM AND CONTROL ACT (IRCA): 6. Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. NON-DISCRIMINATION: 7. Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 138 HOLD HARMLESS 8.: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant’s employees, officers, officials, agents or independent contractors.Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. INSURANCE 9.: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceledor coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. COVERAGE A.: Consultant shall maintain the following insurance coverage: Workers' Compensation (1): Statutory coverage as required by the State of California. Liability (2): Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage:$100,000 each occurrence $250,000 aggregate If submitted, combinedsingle limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. Automotive (3): Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury:$500,000 each occurrence 139 Property Damage:$100,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability (4): Professional liability insurance which includes coverage for the professional acts, errors andomissions of Consultant in the amount of at least $1,000,000. SUBROGATION WAIVER B.: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. FAILURE TO SECURE C.: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. ADDITIONAL INSURED D.: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SUFFICIENCY OF INSURANCE E.: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. CONFLICT OF INTEREST: 10. Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. PROHIBITION AGAINST TRANSFERS 11.: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by 140 reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. SUBCONTRACTOR APPROVAL 12.: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement.Consultant may change or add subcontractors only with the prior written approval of City. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. PERMITS AND LICENSES: 13. Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. REPORTS 14.: A.Each and every report,draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B.All Reports prepared by Consultant may be used by City in execution or implementation of: (1)The original Project for which Consultant was hired; (2)Completion of the original Project by others; (3)Subsequent additions to the original project; and/or (4)Other City projects as appropriate. C.Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D.All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. 141 E.No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City.If such Reports are reused by City for any purpose other than that for which such Reports were originally prepared, or if City causes such Reports to be altered without Consultant’s written consent, such reuse shall be at City’s risk. RECORDS: 15. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. NOTICES: 16. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention:Aarti Shrivastava, Director of Community Development All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: The Planning Center/DC&E 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 Attention: Steve Noack, AICP, Principal 142 TERMINATION: 17. In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured withinthe time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. COMPLIANCES: 18. Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. CONFLICT OF LAW: 19. This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filedwith the courts of the County of Santa Clara, State of California. ADVERTISEMENT: 20. Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. WAIVER: 21. A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver ofany subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. INTEGRATED CONTRACT: 22. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. INSERTED PROVISIONS 22.: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though 143 each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. CAPTIONS: 23. The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANTCITY OF CUPERTINO A Municipal Corporation The Planning Center/DC&E By ByGary Chao TitleTitleCity Planner Date___________________Date____________________ RECOMMENDED FORAPPROVAL: By TitleDirector, Community Development APPROVED AS TO FORM: By City Attorney ATTEST: By: City Clerk 144 EXHIBIT A SCOPE OF SERVICES HOUSING ELEMENTUPDATE ENVIRONMENTAL ASSESSMENT 145 CHAPTER 2: DETAILED WORK PLAN As requested in the RFP, this chapter contains the following sections: Project Management Team Task Descriptions Deliverables Decision-Making Flowchart Schedule A table showing personnel hours, which was also requested in this chapter, is included in Chap- ter4. PROJECT MANAGEMENT TEAM For the City of Cupertinos Housing Element Update Environmental Assessment, The Planning Center | DC&E will serve as the prime consultant and will oversee all aspects of the project to en- sure its successful and timely completion. Steve Noack will serve as Principal-in-Charge and will oversee the consultant team. Terri McCracken will serve as Project Manager and will administer all day-to-day aspects of the project. Team member qualifications and related work experience is discussed in Chapter 4, Management Program. Resumes of key staff are included in an appendix to this proposal. TASK DESCRIPTIONS This section describes the work plan to be completed by The Planning Center | DC&E team for the Housing Element Update Environmental Assessment. A summary of the work program is present- ed in Table 1. We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project. Kick-Off Meeting Task A. During this task, members of The Planning Center | DC&E team will work with City staff to adjust this scope of work as needed. The review of the scope may result in adjustments to the fee and schedule of the project as it is described in this proposal. 5 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 146 CC ITY OF UPERTINO T1 WPS ABLE ORK ROGRAM UMMARY Task A: Kick-Off Meeting Task B: Project Description Task C: Environmental Review 1. Initial Study 3. Mitigation Monitoring & Reporting Program 2. Mitigated Negative Declaration 4. City Review & Revision Task D: Public Review & Response to Comments Task E: Notice of Determination Task F: Optional Meetings The Planning Center | DC&E and Hexagon staff will attend a kick-off meeting with the City and to review the scope of work, available information, schedule, and w cuss: Preliminary identification of key issues for the IS/MND. Protocols for clear communication between The Planning Center | Housing Element consultant. The methodology to be used for the traffic, air quality, and gre analysis. Discussion of this methodology will ensure the parameters for the analysis are clearly established at the outset of the process. Project Description Task B. The Planning Center | DC&E will prepare a detailed project description using graphics and textual information as appropriate to describe how the City of Cupertino to accommodate the Regional Housing Needs Allocation (RHNA) for period and meet its fair share housing obligations. In addition the City will also amend their Density Bonus Ordinance as outlined in Title 19 (Zoning), Chapter 19.56 (Density Bonus) of the Citys Municipal Code consistent wi Program 12 (Density Bonus Program). We will coordinate with the Housing clearly define the project. Using project objectives drafted by the City, we will work with the City to revise and refine the project objectives. The Project Description will be submitted to the City in an electronic format. A total of up to 8 housing opportunities site environmental evaluation process. The Planning Center|DC&E team would be available to evaluate additional sites, if required, subject to a contract mo $1,310 per site. Environmental Review Task C. 1.Initial Study The Planning Center | DC&E will prepare an Initial Study that documents existing conditions, pro- ject impacts (if any), and mitigation measures (if required), as well as the resulting level of signifi- cance for potential impacts under each of the topical areas requ 6 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 147 C C ITY OF UPERTINO the exclusion of environmental issues on which it can be ascerta would have no significant negative impact. Given the built-out ed that the following topic areas will be able to be summarily dismissed in the Initial Study: Agricultural and Forestry Resources Mineral Resources In keeping with the requirements of CEQA, the Initial Study will include a detailed analysis to de- termine the environmental impacts for the following resource categories: a.Aesthetics The Planning Center | DC&E will use its expertise in urban design and visual assessment to analyze potential aesthetic impacts associated with the Housing Element. The analysis will focus on the visual compatibility of housing projects with surrounding neighb corridors (if applicable), and light and glare impacts. The analysis will include assessment of im- pacts associated with development visible from Interstate 280, which is eligible for designation as a State scenic highway. b.Air Quality The Planning Center | DC&E has completed an Existing Setting Report for Air Quality to be used for the preparation of the General Plan Amendment EIR, which can be air quality and a community risk and hazards analysis. The plan-level analysis will be based on the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines and will include a qualitative analysis of criteria air pollutants generated from t ing and of the Housing Element sites, as well as a qualitative assessment of major stationary and ) with- mobile sources of toxic air contaminants (TACs) and fine inhalab 2.5 in the city. i.Criteria Air Pollutants The redesignating and rezoning of sites within the city to imple would not itself result in a physical environmental impact. Fut would require a CEQA evaluation and an assessment of project-lev gram-level air quality analysis will include an evaluation of the projects consistency with BAAQMDs land use and transportation control measures within its air quality management plan. The potential increase in trips generated by an increase in development intensity will be discussed in relation to the projected population increase. ii.Community Risk and Hazards The community risk and hazards evaluation will include a discussion of potential health risks from TACs and PMin the vicinity of any of the housing sites, based on BAAQMDs guidance. Existing 2.5 stationary sources, major roadways, and other sources of TACs will be mapped. Recommended measures specified in the BAAQMDs Guidelines for future sensitive land uses will be considered for areas within the mapped areas of risk, which will be based o determined using BAAQMD screening tools, and guidance from CARB and the California Air Pollu- tion Control Officers Association (CAPCOA). For land uses within these areas of elevated-risk, we will detail performance standards for future development projects to reduce exposure risks. 7 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 148 CC ITY OF UPERTINO c.Greenhouse Gas Emissions The Planning Center | DC&E will prepare a GHG emissions analysis based on current BAAQMD methodology. The redesignating and rezoning of sites within the Housing Element would not itself result in a physical environmen emissions impacts of the project will be described qualitatively We will include a consistency evaluation with applicable goals and policies in MTCs Plan Bay Area (the regions Sustainable Communities Strategy) to reduce per ca senger vehicle use. d.Biological Resources Based on the relatively developed conditions within the city and sites would presumably be located in areas already developed wit would not be any substantive biological issues. The existing co sites for the General Plan Amendment EIR will be utilized for the Initial Study. e.Cultural Resources The prehistory and history of the City of Cupertino prepared by as the existing conditions of the potential housing for the General Plan Amendment EIR will be utilized for the Initial Study. f.Geology and Soils The Planning Center | DC&E will analyze potential seismic hazards, and geological and soil-related impacts. We will apply our rich experience in CEQA review to ensure all geology- and seismology- related impacts are addressed. g.Hazards and Hazardous Materials The Planning Center | DC&E has completed an Existing Setting Rep ardous Materials to be used for the preparation of the General P used to address hazards and hazardous materials issues on the h General Plan Update EIR. The Planning Center | DC&E will analyze the potential for contaminants to be present in soil and groundwater of the project area (for e industrial, and commercial land uses) that could be released dur cause potential health hazards to site users following construction. h.Hydrology and Water Quality The Planning Center | DC&E will analyze the hydrology and water quality conditions as they cur- rently exist, and as they would be affected by projected Housing will include: identification of the regulatory framework; examination of the regional and plan- specific hydrological setting of the area; characterization of s quality data (both surface and groundwater) for local receiving concern, based on changes in land use; and evaluation of floodin local plans, laws, and regulations pertaining to hydrology and water quality will be identified. Reg- ulations and policies to reduce stormwater pollution during cons future projects will also be described in detail. 8 2. Detailed Work Plan HEUEA OUSING LEMENTPDATE NVIRONMENTAL SSESSMENT 149 CC ITY OF UPERTINO i.Land Use and Planning The Planning Center | DC&E has completed an Existing Setting Rep ning Chapter to be used for the preparation of the General Plan used to conduct a thorough evaluation of potential land use impa sis for the Housing Element Update Initial Study. We will pay particular attention to the consisten- cy of the Housing Element with the other General Plan elements, and work with the General Plan Amendment preparers as needed to ensure an internally consistent General Plan. j.Noise Planning Center | DC&E will prepare a programmatic noise and vibration technical analysis using a plan-level analysis that will be based on an assessment of major stationary and mobile noise sources at and around the envisioned Housing Element sites. The will discuss applicable criteria for noise exposure, including ordinances, policies, and standards from the State of California and the City of Cupertinos Municip analysis will consist of the following: Existing Conditions. As this is a plan-level process and not a project-specific ent fort, The Planning Center | DC&E suggests that site visits for monitoring the ambient noise conditions are premature. Rather, we propose to establish perfo apply to the future site development efforts when a specific project definition for the sites has been established. Construction Noise and Vibration. The noise analyses will discuss potential noise and vibra- tion levels associated with the short-term demolition of existin tion of the proposed residential developments. Operational Noise. The analysis will evaluate the compatibility of the proposed land uses and housing changes with respect to potential noise exposures. titatively describe changes in the noise environment generated b date. Noise modeling of the roadway noise sources will be based on a version of the Federal Highway Administrations (FHWAs) traffic noise model using existing and future traffic vol- umes in the project vicinity. The noise analysis will describe ment generated by non-transportation sources from the proposed developments. Noise im- pacts to adjacent noise-sensitive areas will be evaluated from these potential new uses, based on the noise limits of the City of Cupertino Municipal Code, the Citys land use compatibility criteria, and the States interior noise standard of 45 dBA CNEL The results of the technical analyses described above will be provided in an appendix. k.Population and Housing The Planning Center | DC&E has completed an Existing Setting Rep to be used for the preparation of the General Plan Update EIR, w the population and housing impacts that would result from the pr indirect impacts associated with projected growth. l.Public Services, Parks, and Recreation The Planning Center | DC&E has completed an Existing Setting Rep and Recreation to be used for the preparation of the General Pla 9 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 150 CC ITY OF UPERTINO used to evaluate the potential need for expanded public services ment, including law enforcement, fire protection, schools, parks m.Transportation As part of the General Plan Amendment traffic study, Hexagon is mand model for Cupertino. Hexagon Transportation Consultants ha Report for the General Plan Amendment EIR and will prepare the traffic section of the Initial Study as it relates to the sites for the General Plan Amendment EIR. Hexagon will calculate the same transportation measures of effectiveness as used for the General additional deficiencies are identified, Hexagon will recommend further improvements. n.Utilities The Planning Center | DC&E will evaluate potential impacts related to wastewater treatment and water supply infrastructure, stormwater infrastructure, and soli 2.Mitigated Negative Declaration If it is determined that potential impacts from construction or avoided through changes to the project, or mitigated to less-tha with CEQA Guidelines section 15070, an MND will be prepared. In the event that the Initial Study determines the project would impacts that cannot be mitigated to a less-than-significant level, an EIR is required under CEQA. The Planning Center | DC&E would be available to prepare an EIR, modification providing scope and budget for this additional serv Planning Center | DC&E would leverage the comprehensive Initial areas where no significant impact would result so as to focus the EIR on key issues. 3.Mitigation Monitoring and Reporting Program Concurrent with the preparation of the Draft IS/MND, we will prepare a Mitigation Monitoring and Reporting Program (MMRP) for the mitigation measures included in Citys policies and procedures. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with ing frequencies. 4.City Review and Revision The IS/MND and MMRP will be submitted to the City of Cupertino for review and comment, as follows: a.IS/MND Administrative Draft IS/MND. The Planning Center | DC&E will submit one electronic copy and up to ten (10) hard copies of this first draft to the City for review. The City will provi The Planning Center | DC&E with a single consolidated set of com assumes that The Planning Center | DC&E will respond to one roun Administrative Draft received from the City. 10 2. Detailed Work Plan HEUEA OUSING LEMENTPDATE NVIRONMENTAL SSESSMENT 151 CC ITY OF UPERTINO Screencheck Draft IS/MND. The Planning Center | DC&E will submit a revised, second draft to City staff as an electronic screencheck and up to ten (10) hard copies prior to printing the public review draft. The Planning Center | DC&E assumes that a minimal level of effort, not exceeding 4 hours, would be required to respond to any comme screencheck Draft IS/MND. IS/MND. The Planning Center | DC&E will provide the City with one electronic copy and up to 30 hard copies. We will also provide 30 DVDs containing the document. Consistent with State of California Office of Planning and Research CEQA documen ments and recommendations, The Planning Center | DC&E will prepare a Notice of Comple- tion (NOC) and produce fifteen (15) copies of the IS/MND. b.Mitigation Monitoring and Reporting Program Administrative Draft MMRP. The Planning Center | DC&E will submit this first draft to the City for review in electronic format. The City will provide The Planning Center | DC&E with a con- solidated set of comments on the MMRP. This assumes one-round o by the City. Screencheck Draft MMRP. The Planning Center | DC&E will submit a revised, second draft o the MMRP to City staff as an electronic screencheck prior to printing. This assumes one- round of review and comments by the City. Final MMRP. The Planning Center | DC&E will submit a final MMRP to the City format. Public Review and Response to Comments Task D. A 30-day public review period will be required under CEQA. During this period, The Planning Center | DC&E will attend one hearing to present the conclusions of the IS/MND and receive comments on it. Following the close of the public review period, The Planning Center | DC&E will respond to sub- stantive comments received on the IS/MND in a memorandum form. 16 hours of staff time to respond to comments in an Administrati Memorandum. If an unforeseen amount of time is required to addr IS/MND, a contract amendment will be required. We will prepare an Administrative Draft Response to Comments Memorandum for review by City staff. Based on City staff comments, we will complete revisions and deliver a Final Response to Comments Memorandum. The memorandum will be submitted electroni Project Management and Adoption Task E. This scope of work includes bi-weekly progress telephone calls with City staff and other members of the Project team as needed per the phase of the project. 11 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 152 CC ITY OF UPERTINO The Planning Center | DC&E will attend one Planning Commission and one City Council hearing on the approval and adoption of the Housing Element Update and I Within five days of project approval, The Planning Center | DC&E nation (NOD) for submittal to the State Clearinghouse and County include payment of any filing fees. At the close of the project, we will provide a final electronic 30 hard copies and 30 DVDs containing the final IS/MND. Task F. Optional Meetings In addition to the meetings described in previous tasks, this sc Steve Noack (22 hours) and Terri McCracken (44 hours) at the fol Element Update and IS/MND: Up to three (3) Housing Commission study sessions and/or public Up to two (2) Planning Commission study sessions and/or public h Up to three (3) City Council study sessions and/or public hearin Cost $10,120 DELIVERABLES The following products will be submitted to the City of Cupertino in fulfillment of our proposed scope of work: Project Description electronic submittal IS/MND: Administrative Draft one electronic copy and 10 hard copies Screencheck Draft one electronic copy and 10 hard copies Public Review Draft one electronic copy, 30 hard copies, and 3 copies for submittal to the State Clearinghouse Final Document one electronic copy, 30 hard copies, and 30 DVD Notice of Completion (NOC) one electronic copy and 1 hard copy Clearinghouse Response to Comments Memorandum Administrative Draft one electronic copy Final one electronic copy Notice of Determination (NOD) one electronic copy 2. Detailed Work Plan 12 HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 153 C C ITY OF UPERTINO DECISION-MAKING FLOWCHART A flowchart showing our recommended decision-making structure fo Figure 1. It shows how input from the public and outside agenci cess and public review period will inform the preparation of the EIR. Our work will be reviewed by City staff before it is published, which will form a feedback loop for further work on the project. key junctures and at the end of the project, all work will be reviewed and approved by the Plan- ning Commission and then the City Council. SCHEDULE The Planning Center | DC&Es proposed schedule for completion of Environmental Assessment is shown in Figure 2. As shown in the project can be completed by the end of June 2014. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessar 13 2. Detailed Work Plan HEUEA OUSING LEMENT PDATE NVIRONMENTAL SSESSMENT 154 CC ITY OF UPERTINO F1 D-MF IGURE ECISIONAKING LOWCHART The Planning Center | DC&E has a strong track-record in meeting ing closely with its clients. Over years of managing projects similar to the Housing Element Update Environmental Assessment, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: We maintain an up-to-date schedule throughout the project, to ensure that all team mem- bers are aware of upcoming meetings and product due dates. We stay in close, regular contact with staff and our subconsulta decisions about the project in writing, which ensures that decis team members. We schedule project due dates for staff and subconsultants with and formatting into finished reports. We limit subconsultants payments to specific milestones, so as to ensure that progress on the project is commensurate with billings. 14 2. Detailed Work Plan HEUEA OUSING LEMENTPDATE NVIRONMENTAL SSESSMENT 155 CC ITY OF UPERTINO EXHIBIT B SCHEDULE OF PERFORMANCE HOUSING ELEMENTUPDATE ENVIRONMENTAL ASSESSMENT Consultant shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for Consultant and City so long as all work is completed within the term of the Agreement. Consultantshall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receiptof the notice to proceed. 156 157 EXHIBIT C COMPENSATION HOUSING ELEMENTUPDATE ENVIRONMENTAL ASSESSMENT City shall compensate Consultant for professional services performed for the Housing Elementin accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount for each task set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed the amounts set forth below, for a total amount for the services described in Exhibit A not to exceed $45,192.Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Principal: $190 per hour Senior Engineer:$165 per hour Noise Manager:$165 per hour Air Quality/GHG Manager:$135 per hour Associate:$135 per hour Project Planner:$105 per hour Graphics/WP:$80per hour Traffic Consultant:$200per hour Invoices In order to request payment, Consultantshall submit monthly invoices to the CITY describing the services performed and the applicable charges (including anidentification of personnel who performed the services, hours worked, task(s) for which work was performed, hourly rates, andreimbursable expenses), based upon Consultant’s billing rates. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City’s Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. 158 159 HOUSINGELEMENTUPDATECOST No.ITEMCOST HousingElementUpdate /Ò··/·7h¦·zL·;$158,575.00 /·zm;-z; Å ru {Ò,·/·Þ/·zm;-äÅ r u EnvironmentalAssessment /Ò··/·7h¦·zL·;$45,192.00 /·zm;-z; Å r u {Ò,·/·Þ/·zm;-äÅ r u OtherCitycosts b·z-zmr;;·zmrÒ¦¦z;r;·-uÅru 8TOTAL$250,000.00 160 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:November4,2013 Subject EquipmentSharingAgreementbetweentheCityofCupertino,TownofLosGatosand CityofCampbell. RecommendedAction AuthorizetheCityManagertoexecutetheEquipmentSharingAgreement(ESA) betweentheCityofCupertino,TownofLosGatosandCityofCampbellonbehalfof theCityofCupertinoinsubstantiallysimilarformattotheattacheddraftagreement; andauthorizetheCityManagerorhisdesigneetocreateandmaintainanEquipment Catalog,establishingsharedequipmentandrates. Discussion Inordertomostefficientlydeliverservices,viewingneedsfromamoreregional perspectiveisbeneficial.Collaborationopportunitiesexistintheareasofpurchasing materials,solicitingservices,trainingpersonnelandtimingofprojects.Informally, manyoftheseopportunitiesareacteduponasamatterofpracticeandgood communication.However,thesharingofresourcesrequiresformalagreementand collaborationtoaccomplishregionalefficiencies.ThisisthebasisoftheESAwiththe TownofLosGatosandCityofCampbell. ThegoaloftheattachedESAistoprovideasimpleworkingagreementthatdoesnot undulyencumbertheparticipatingagencieswithoverheadorprocessissues,while establishingclearresponsibilitiesandmaintainingprovisionssuchasinsurance, liabilityandindemnification.Theagreementrequiresthelendingandborrowing agencytoinspectequipmentbeforeitisreleasedtotheborrower,requirestheborrower tocompletedailyinspections,andestablishesresponsibilityforrepairandreplacement intheeventofvarioustypesofdamage. UndertheESA,theCityofCupertino,TownofLosGatosandCityofCampbellwill eachmaintainanequipmentcatalogindicatingwhatequipmentisavailablewithintheir fleetsforsharingandestablishrentalrates,conditions,andspecificationsforeachpiece ofequipment.Eachagencyiscurrentlydevelopingtheircatalogandwillmakeperiodic updatesasnewequipmentbecomesavailable.Thefirstsharedpieceofequipment 1 161 undertheESAisacatchbasinvacuumtruckownedbytheTownofLosGatos.This truckwillenableourPublicWorksstafftoefficientlycleanoutundergroundstorm waterstructuresthroughouttheCityinapproximatelytwomonths.Cleaningofthese structuresimprovesfunctionalityandisanannualrequirementofthefederally mandatedstormwaterpollutionpreventionprogram.Previously,rentalofavacuum truckwascostprohibitiveandrequiredtheequipmenttocomeoperated.Asa consequence,asmallerandlessefficienttrailermountedvacuumwasusedforovera threemonthperiod.WiththeauthorizationoftheESA,costswillbereduceddueto lowerequipmentratesandutilizationofCityofCupertinoPublicWorksstaff. ThepartneringenabledthroughthisESAmarksasignificantstepforwardinthe deliveryofefficientandcosteffectiveservices.Resourcesthatwouldhaveotherwise beenexpendedtowardsequipmentcanbedirectedtowardsotherneeds. _____________________________________ Preparedby:RogerLee,AssistantDirectorofPublicWorks Reviewedby:TimmBorden,DirectorofPublicWorks ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: AKDraftEquipmentSharingAgreement 2 162 EQUIPMENTSHARINGAGREEMENT BETWEENTHECITYOFCUPERTINO,TOWNOFLOSGATOS ANDTHECITYOFCAMPBELL THISAGREEMENTisenteredintoasof___________,2013,byandbetweenthe CityofCupertino "»¶«¸º¯´µ! theTownofLosGatos +µ¹&§ºµ¹! andtheCityof Campbell "§³¶¨«²²!eachamunicipalcorporationwithintheStateofCalifornia (collectivelyreferredtoasPARTIES). RECITALS A.ThePARTIESaremunicipalcorporationsdulyorganizedandvalidlyexisting underthelawsoftheStateofCaliforniawiththepowertocarryonitsbusiness asitisnowbeingconductedundertheConstitutionandthestatutesoftheState ofCalifornia,andtheirrespectiveMunicipalCodes. B.EachPARTYhasspecializedequipmentandthePARTIESareinterestedin occasionallysharingequipmentforavarietyofpublicworkprojectstoensure backup,providesecondarysupportonlargeprojects,andgenerallyprovidean optiontoensureefficientandeffectiveoperations. C.ThePARTIESdesiretoenterintoanAgreementtoestablishproceduresfor sharingequipmentanddefininglegalrelationshipsandresponsibilities; NOW,THEREFORE,itismutuallyagreedbyandbetweenthePARTIESasfollows: 1.PURPOSE. a.ThepurposeofthisAgreementistocreateasystemfortheoccasionalsharing ofmotorvehicles,equipment,andmachinery(collectivelyreferredtointhisagreement as $·»¯¶³«´º!betweenthePartiesforefficiencyandeffectivenessofoperations. b.ThePartiesagreetomakeavailabletoeachothervehicles,equipment, machinery,andrelateditemsinthemannerandonthetermsandconditionsprovided inthisagreement.APartysupplyingEquipmentshallbedesignatedthe /¸µ¼¯ª«¸! A PartyreceivingEquipmentshallbedesignatedthe !µ¸¸µ½«¸! EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 163 2.TERM. ThetermofthisAgreementshallbeforaperiodoftwo(2)yearsfromthedateof execution.UponmutualagreementofallParties,thisAgreementmaybeextendedfor threeadditionaloneyearperiods. 3.SHARINGPERIODANDRATES. a.EquipmentCatalog.EachProvidershallmaintainanaccurateEquipmentSharing Catalog "§º§²µ!thatreflectstheEquipmentthatProvidermaymakeavailablefor sharing,theratesandfeeschedulesforsuchequipment,highwearcomponentsofthose piecesofequipment,andanyapplicablerules,restrictions,orlimitationsforsharingthe piecesofequipmentlistedintheCatalog.Amendmentstotheeach/¸µ¼¯ª«¸¹ EquipmentSharingCatalogshalloccurasnecessaryandbemailedtoeachPartyor otherwisemadeelectronicallyavailable. b.EquipmentSharingPeriods.Equipmentshallbeprovideduponreasonable requestatmutuallyconvenienttimesandlocations,foradurationmutuallyagreed uponbyProviderandBorrower(the 2®§¸«/«¸¯µª! Providerretainstherightto refusetoanyrequestforEquipmentforanyreason.Equipmentshallbereturned immediatelyat/¸µ¼¯ª«¸¹request. c.StorageDuringSharingPeriod.DuringtheSharingPeriod,Borrowershallbe responsibleforstoringtheEquipmentinareasonablysafeandsecurearea. d.ChargesforEquipment.Chargesshallbeconsistentwiththoselistedinthe EquipmentCatalogoranysubsequentamendments,andshallbeginaccruingatthe timeBorrowerpicksuporacceptsdeliveryoftheEquipmentandshallceaseupon returnoftheEquipmenttoProvider. 4.INVOICESANDPAYMENTS. a.Onorbeforethelastdayofeachmonth,Providershallprovidemonthlyinvoices toBorrowerthatshowEquipmentrented,durationoftherental,rentalrate,andtotal paymentsdueforallEquipmentsharedinthepreviousmonth. b.Borrowershallpay/¸µ¼¯ª«¸¹invoicesinfullwithinthirty(30)daysofthedate ofinvoice. EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 164 5.EQUIPMENTUSAGE. a.OperatorQualifications.ThePartiesagreetopermitEquipmenttobeusedonly byproperlytrained,properlylicensedandsupervisedoperators.Alldriversshallbe licensedandshallhaveasatisfactorydrivingrecord.Allequipmentoperatorsshallbe properlytrainedandqualifiedtooperatetheEquipmentsharedunderthisAgreement. BorrowershallmakeavailabletoProvideruponrequestproofoftraining,licensing,and qualificationsofoperatorpriortoreleaseofEquipment. b.UsageRequirements.Equipmentsharedunderthisagreementshallbeusedby !µ¸¸µ½«¸¹employeestoconductofficialbusiness.Borrowersshalluseandoperate Equipmentonlyforitsintendedpurpose,inacarefulmannerandincompliancewith allrequirementsforoperationandofanygovernmentalauthorityhavingjurisdiction,if applicable.Borrowershallnotsubleaseorallowanyoneotherthan!µ¸¸µ½«¸¹ employeestouseEquipmentsharedunderthisAgreement. c.BorrowerResponsibleforChargesandFees.Borrowershallmaintain responsibilityforpayingallfinesandotherliensthatmightbeincurredagainst equipmentsharedunderthisAgreement,andshallholdtheProviderharmlessfrom andagainstanyandallfines,assessments,fees,charges,expenses,penaltiesand forfeituresincurredinconnectionwiththeuseofsharedEquipment. d.Fuel.Borrowershallberesponsibleforsupplyingallfuelusedduringtheperiod itborrowstheEquipment.Providershallensurethatthefueltank(s)arefullwhen BorrowerpicksuptheEquipment,andBorrowershallensurethatthefueltank(s)are fullwhenitreturnstheEquipmenttoProvider. e.EquipmentIdentification.EachUsershallplaceamagneticdisplaywiththe wording: $·»¯¶³«´ºprovidedbyCooperativeAgreementwithotherPublic «´©¯«¹ ! 6.EQUIPMENTDELIVERYANDPICKUP a.Delivery/Pickup.Borrowershallberesponsibleforpickingupandreturningany EquipmentsharedunderthisAgreement,unlessProviderandBorrowermutuallyagree tootherarrangements.Equipmentmaybepickedupandreturnedbetween8amand4 pm,MondaythroughFriday,excludingholidays. b.Notification.BorrowershallcontactProvideratleast7days/hoursinadvanceof eachpickupanddeliverytoconfirm EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 165 c.ConditionofEquipment.ProvidershallensurethatanyEquipmentbeingshared isservicedconsistentwithrecognizedindustrystandardspriorto!µ¸¸µ½«¸¹pickup. d.TimelyReturnofEquipment.BorrowershallreturnEquipmenttoProviderno laterthanonebusinessdayfollowingconclusionoftheshareperiod. e.Inspections.ProviderssharingEquipmentunderthisagreementcertifythatthe Equipmentisingoodrepairandreadyfortheintendeduse.Equipmentsharedunder thisAgreementshallbeinspectedbyrepresentativesofbothProviderandBorrowerat thetimeofdelivery/pickupandagainatthetimeofturnin.Theinspectionsshall includeanexaminationofthetiresontheEquipment,whichthePartiesmustagreeare soundatthetimeBorrowerpicksuptheEquipment,andwhichmusthaveadequate treaddepthtoensuresafeandlegaloperationduringtheshareperiod.Theresultsof theseinspectionsshallbedocumentedonanEquipmentInspectionFormandonaHigh WearItemInspectionFormasidentifiedandprovidedineach/¸µ¼¯ª«¸¹Equipment Catalog.Digitalphotographsoftheequipmentshallalsobetakenatthetimeofpickup toensurethatanyexistingdamageisdocumentedappropriately. .ProvidershallprovideacopyofallEquipment f.OperationsandSafetyManuals operationandsafetymanualstoBorroweratthetimeEquipmentdelivery. 7.CONTACTPERSON. Eachpartyagreestoappointapersonorpersonstoactasaliaisontoserveasthe contactforeachrentalrequest,allinspections,andtootherwisefacilitatetheorderly andefficientdistributionofequipmentsharingrequestsandrelatedinformation. Contactsbyagencyareasindicatedbelow: TownofLosGatos:SteveRegan,PublicWorksSuperintendent (408)3995770 CityofCampbell:AlexMordwinow,PublicWorksSuperintendent (408)8662145 CityofCupertino:RogerLee,AssistantDirectorofPublicWorks (408)7773269 EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 166 8.MAINTENANCEANDREPAIROFEQUIPMENT. a.Borrowershallberesponsibleforperformingallrequiredmaintenanceduring theshareperiod,suchasfluidlevelchecks,anddailypretripinspections. b.Borrowershallberesponsibleforthefollowingitemsduringtheshareperiod: (1)Tirerepairandreplacementofanydamagedtiresthatcannotbesafely repaired; (2)Replacementofanydamagedorwornouttoolssuchascuttingedgesand bits; (3)Replacementofanywindowsorwindshieldsthatarecrackedordamaged; (4)MinorrepairsandadjustmentsrequiredtokeeptheEquipmentinsafe operatingconditionduringtheshareperiod,includingbutnotlimitedto replacementofdefectivelightingormirrors,adjustmentofhingesorlatches, addingfluidstocorrectlevels,andaddingairtotires.Ifitisobservedthat Equipmentrequiresanexcessiveamountofminorrepairsandadjustmentsas describedabove,BorroweristopromptlynotifyProviderofspecificissuepriorto utilizingEquipment. c.AnyrepairsorreplacementsmadebyBorrowerpursuanttotherequirementsof thisagreementshallbeperformedbyqualifiedpersonnel;specifically,personsor contractorsemployedbyBorrowertomaintainandrepair!µ¸¸µ½«¸¹ownfleet equipment. d.Notwithstandinganythingcontainedhereintothecontrary,Providershallbe responsibleforlatentdefectsthatmayoccurduringthenormaloperationofEquipment byborrower. e.Inallcases,BorrowershallinformProviderpriortocommencinganyrepairs otherthanthosedefinedas ³¯´µ¸!pursuanttosection8(b)(4)ofthisAgreement. 9.EQUIPMENTFAILURENOTRESULTINGFROMMISUSEORFAILURETO PERFORMREQUIREDMAINTENANCE a.ProvidershallberesponsiblefortherepairorreplacementofEquipmentwhen: (1)Equipmentfailsduringitsnormaloperation,and; (2)Equipment,isbeingusedasintendedbythemanufacturer,and; (3)Equipmenthasreceivedallmanufacturerrequiredmaintenanceduringits usebytheBorrower. EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 167 b.BorrowershallberesponsibletoreimburseProviderforthecostofrepairor replacementofEquipmentwhen: (1)OperatingEquipmentoutsideofitsnormaloperation,or; (2)OperatingEquipmentinamannernotintendedbythemanufacturer,or; (3)OperatingEquipmentwithoutperformingrequiredmaintenance. c.Exceptforminorrepairsasdefinedinsection8(b)(4)oftheagreement,the Providershalldetermine,inkeepingwithreasonablejudgment,whetherfailed equipmentshallberepairedorreplaced. d.BorrowershallnotclaimdamagesfromtheProviderintheformofmonetary, lostefficiencyortimeorconsequentialdamageasaresultofequipmentfailure. . 10.EQUIPMENTDAMAGEDUETOACCIDENTS a.BorrowerResponsibilityforDamage.Borrowershallberesponsibleforthecost ofrepairingalldamagetoequipmentincurredduringtheshareperiodthatisnot consideredtobenormalwearandtearnecessitatedbymisuseornegligentoperation andforthemaintenanceand/orreplacementofhighwearitemsidentifiedineach /¸µ¼¯ª«¸¹EquipmentCatalogandasnotedoneach/¸µ¼¯ª«¸¹EquipmentInspection Form.Forpurposesofthisagreement,thefollowingdefinitionsshallapply: (1) -µ¸³§²wearandº«§¸!isdefinedasdents,dings,paintchips,orscratches lessthanthreeinchesinsize,andinteriorwearsuchassoiledcarpetsandseats. (2) $¾©«¹¹wearandº«§¸!isdefinedasdents,dings,paintchipsorscratches morethanthreeinchesinsize,crackedorpuncturedbumpers,chippedorcracked windshields,interiorholes,burns,rips,tearsorstainsrequiringheavycleaningor replacementoffabric,interiordamagesuchasgougedsteeringwheelsor dashboards,missingequipment,andanyinteriororexteriordamageattributableto collision,aswellasmechanicalrepairsresultingfromdamageornegligence. (3) 3µº§²²µ¹¹!isdefinedastheestimatedcosttorepairtheEquipmentisequal toatleasteightypercentoftheretailmarketvalueoftheEquipmentpriortothe damage,asdeterminedbyanindependentappraisal. .BorrowershallnotifyProviderimmediatelyif/¸µ¼¯ª«¸¹ b.NoticetoProvider Equipmentisinvolvedinanyaccidentduringtheshareperiod.Borrowershall promptlysubmittoProviderawrittenreportofanyaccidentthatoccursinconnection withthisAgreement,inaformacceptabletoProvider,andshallcooperatewithany EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 168 requestsbyProviderrelatedtotheaccident.!µ¸¸µ½«¸¹reporttoprovidermust include,ataminimum,thefollowinginformation:(1)nameandaddressofanyperson injuredordeceased,ortheownerofanypropertythatsuffereddamageastheresultof theaccident;(2)nameandaddressof!µ¸¸µ½«¸¹employee(s)involvedintheaccident; (3)nameandaddressof!µ¸¸µ½«¸¹liabilityinsurancecarrier,unlessselfinsured;and (4)adetaileddescriptionoftheaccident.Borroweralsoagreestotakeallreasonable stepstopreserveallevidenceandinformationthatmayberelevanttothecircumstances surroundingapotentialclaim,andtoallowProvidertoreviewandinspectsuch evidenceandthesceneoftheaccident. .Exceptasotherwiseprovidedbelow,Borrowershallbe c.AccidentDamageRepair responsibleforthecostofrepairingallEquipmentdamageduetoaccidents.Incases whereequipmentdamageiscausedbyathirdpartyandthatpartyassumes responsibility,Borrowershallarrangetohavetheequipmentrepairedandshallseek reimbursementfromthethirdpartyand/orthat¶§¸º¿¹insurancecarrier.Borrower shallnotifyProviderpriortocommencinganyrepairs,andProviderhastherightto acceptorrejecttherepairsuponinspection. d.DamageDuetoEquipmentDefect.Providershallberesponsibleforthecostof repairingallEquipmentdamageduetoaccidentscausedbyequipmentdefects. e.DamageResultinginTotalLoss.Incasesofequipmentdamageresultingina totalloss,Borrowershallberesponsibleforcoveringtheloss.Providershallsubmitan invoicetoBorrower,equaltoeightypercentofthecurrentretailmarketvalueofthe Equipmentpriortothedamageasdeterminedbyanindependentappraisal,forany Equipmentdeterminedtobeatotalloss. IncasesofEquipmentdamageresultinginatotallosscausedbyathirdparty wherethatpartyassumesresponsibility,Borrowershallseekreimbursementfromthe other¶§¸º¿¹insurancecarrier.Ifthereimbursementisgreaterthaneightypercentof theretailmarketvaluepriortothedamage,Borrowershallgivetheentireamountof thereimbursementtoProvider. Providershallnotbeentitledtoconsequentialdamageforthelossofuseofthe equipmentduetoaccidentaldamage. .AtthetimeBorrowerreturnstheEquipment f.DamagefromExcessWearandTear toProvider,thePartiesshallmakeanassessmentofanyexcesswearandtearas providedinsection6(e)ofthisAgreement.Ifexcesswearandteardamageexists,the ProvidershallsubmitaninvoicetoBorrowerforthecostofthedamagewithinthirty EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 169 (30)daysoftheEquipmentreturn.Therepairamountontheinvoiceshallbebasedon actualcostsasdeterminedbyagencylaborrates/contractlaborratesandforEquipment partspurchasedpereach§«´©¿¹procurementpolicy. g.StolenEquipment.Borrowershallassumeresponsibilityif/¸µ¼¯ª«¸¹Equipment isstolenwhilein!µ¸¸µ½«¸¹control,andshallpayProvidereightypercentoftheretail marketvalueoftheEquipmentasdeterminedbyanindependentappraisal.Ifstolen equipmentisrecoveredsubsequenttothedeliveryofreplacementequipmentto Provider,ProvidermaychoosetogivetherecoveredequipmenttoBorrowerorrefund aportionof!µ¸¸µ½«¸¹payment,at/¸µ¼¯ª«¸¹discretion. 11.WARRANTY. ProviderisneitheramanufacturernorsupplieroftheEquipmentandtherefore makesnowarranties,expressorimplied,including,withoutlimitation,theconditionof theequipment,itsdesign,capacity,performance,construction,workmanship,orfitness foranyparticularuse.AllEquipmentissharedonan §¹¯¹!basis.Providershallnotbe responsibleorliabletoBorrowerforanyloss,delay,ordamageofanykindresulting fromdefectsinoraccidentalbreakageofEquipmentsharedunderthisagreement. . 12.INDEPENDENTCONTRACTOR Borrowerisanindependentcontractorandshallnotforanypurposebedeemedto beanemployee,agentorotherrepresentativeofProvider. 13.ASSIGNMENT ThePartiesshallnotassign,sublet,transfer,orotherwisesubstitutetheirinterests inthisAgreement,oranyoftheirrightsorobligationsunderthisAgreement,without thepriorwrittenconsentofallotherParties. 14.INSURANCE. Duringthetermofthisagreement,eachpartywillkeepinforce,atitsownexpense, insurancerequirementsasspecifiedinAttachmentA. 15.INDEMNIFICATION. EachPartyshallbesolelyresponsibleforitsownactsandthoseofitsemployees andofficersunderthisAgreement.NoPartyshallberesponsibleorliablefor EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 170 consequentialdamagestoanotherPartyarisingoutofprovidingorusingequipment, servicesorlaborunderthisAgreement. Exceptasotherwiseprovidedinthissection,Borrowershallindemnify,defend, andholdharmlessProvideranditsagents,officers,attorneys,employees,officialsand volunteers,tothefullestextentpermittedbylawfromanyandallclaims,causesof action,injuries,losses,liabilities,cost(includingreasonabledefensecostsandattorneys fees)ordamagesarisingoutoforrelatedto,orallegedtoariseoutoforrelatetotheuse oftheEquipmentbytheBorrower,exceptforanyclaims,causesofaction,injuries, losses,liabilitiesordamagesproximatelycausedbythesolenegligence,orwillful misconductofProvider,oranylatentdefectintheEquipment. Exceptasotherwiseprovidedinthissection,Providershallindemnify,defend, andholdharmlessBorroweranditsagents,officers,attorneys,employees,officialsand volunteers,tothefullestextentpermittedbylawfromanyandallclaims,causesof action,injuries,losses,liabilities,cost(includingreasonabledefensecostsandattorneys fees)ordamagesproximatelycausedbythesolenegligence,orwillfulmisconductof Provider,oranylatentdefectintheEquipment. Providersrequiringthattheirpersonneloperateorassistintheoperationof equipmentshall,holdharmless,indemnifyanddefendtheBorrower,itsofficers,agents andemployeesfromallclaimsarisingsolelybyreasonofanynegligentactbypersons designatedbyProvidertooperateorassistintheoperationofequipment. Notwithstandingtheabove,theBorrowershallbearsoleresponsibilityforensuringthat ithastheauthoritytorequesttheworkandforanyrepresentationsmadetothe Providerregardingsiteconditionsorotheraspectsoftheproject.TheProvidersofthe equipmentshalladequatelyinsuretheequipmentorprovideselfinsurancecoverage. TheprovisionsofthissectionshallsurvivetheterminationofthisAgreement, andareintendedtofullyallocatetheriskofallliabilitytothirdpartiesarisingoutof thisAgreement.Nootherrightsofindemnityorcontributionshallexistbetweenthe partiesinlaworequity. EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 171 16.NOTICES. AllwrittennoticesunderthisAgreementshallbemailedtotheaddresses indicatedbelow: ToCityofCupertino:TimmBorden,PublicWorksDirector 10300TorreAvenue Cupertino,CA95014 ToTownofLosGatos:RobertKass,InterimPublicWorksDirector 41MilesAvenue LosGatos,CA95030 ToCityofCampbell:ToddCapurso,PublicWorksDirector 70NorthFirstStreet Campbell,CA950081436 17.TERMINATION. AnyPartymayterminatethisAgreementforanyreasonbygivingthirty(30) dayspriorwrittennoticetoallotherParties.Intheeventofsuchtermination,allcosts incurreduptothedateofterminationshallbetheresponsibilityoftheUser. 18.MISCELLANEOUS a.CompliancewithLaw.ThePartiesshallcomplywithalllaws,stateorfederal andallordinances,rulesandregulations. b.GoverningLaw.ThelawsofthestateofCaliforniashallgovernthis Agreement.IntheeventanylegalactioniscommencedregardingthisLease,venue shallbeinSantaClaraCounty. c.AttorneysFees.Iflegalactioniscommencedtoenforceortodeclaretheeffect ofanyprovisionofthisLease,theprevailingpartyshallbeawardedattorneysfeesand costsincurredbysuchpartyintheaction. d.EntireAgreement.Thisdocumentcomprisestheentireandintegrated agreementofthepartiesconcerningtheleaseofthePropertyandsupersedesallprior negotiations,representations,oragreements,eitherwrittenororal.Anyamendmentsto thisdocumentshallbeeffectiveonlyifinwritingandsignedbytheCityandTenant. EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 172 e.Severability.Ifanyterm,provision,covenantorconditionofthisAgreement isheldbyacourttobeinvalid,voidorunenforceable,therestofthisAgreementshall remaininfullforceandeffectandshallinnowaybeaffected,impairedorinvalidated. INWITNESSWHEREOF,thepartieshavecausedtheAgreementtobeexecutedonthe dayandyearfirstabovewritten. CityofCupertinoApprovedastoform: By:__________________________ Title:______________________________________________________ CityAttorney TownofLosGatos By:__________________________ Title:______________________________________________________ TownAttorney CityofCampbell By:__________________________ Title:______________________________________________________ CityAttorney EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 174 AttachmentA INSURANCEREQUIREMENTSFOREQUIPMENTSHARINGAGREEMENT EachPARTYshallprocureandmaintainforthedurationoftheagreementinsuranceagainst claimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnection withtheEquipmentSharingAgreement. MinimumInsuranceRequired: 1.CommercialGeneralLiability(CGL):CoveringGeneralLiabilityonan µ©©»¸¸«´©«! basis,includingproductscompletedoperations,personal&advertisinginjury,with limitsnolessthan$2,000,000 peroccurrence.Ifageneralaggregatelimitapplies,the generalaggregatelimitshallbetwicetherequiredoccurrencelimit($4,000,000). 2.AutomobileLiability:Coveringallautos(owned,nonownedandhiredautomobiles), withlimitnolessthan$1,000,000 peraccidentforbodilyinjuryandpropertydamage. 3.6µ¸±«¸¹Compensation insuranceasrequiredbytheStateofCalifornia,withStatutory Limits,and$³¶²µ¿«¸¹Liability(EL)CoveragewithandELlimitofnolessthan $1,000,000 peraccidentforbodilyinjuryordisease. OtherInsuranceProvisions Theinsurancepoliciesaretocontain,orbeendorsedtocontain,thefollowingprovisions: AdditionalInsuredStatus TheEntity(PARTY),itsofficers,officials,employees,andvolunteersaretobecoveredas insureds ontheGeneralLiabilitypolicywithrespecttoliabilityarisingoutofworkor operationsperformedbyoronbehalfoftheContractorincludingmaterials,partsorequipment furnishedinconnectionwithsuchworkoroperationsandfortheAutomobileliabilitypolicy withrespecttoliabilityarisingforautomobilesowned,leased,hiredorborrowedbyoron behalfofthecontractor. PrimaryCoverage Foranyclaimsrelatedtothiscontract,the insurancecoverageprovidedshallbeprimary insuranceasrespectstheEntity(PARTY),itsofficers,officials,employees,andvolunteers.Any insuranceorselfinsurancemaintainedbytheEntity(PARTY),itsofficers,officials,employees, orvolunteersshallbeexcessofthe"µ´º¸§©ºµ¸¹insuranceandshallnotcontributewithit. NoticeofCancellation Eachinsurancepolicyrequiredaboveshallprovidethat coverageshallnotbecanceled,except afterthirty(30)ª§¿¹priorwrittennotice(10daysfornonpayment)hasbeengiventothe Entity(PARTY). EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 175 WaiverofSubrogation EachPartyherebygrantstoEntity(PARTY)awaiverofanyrighttosubrogationwhichany insurerofsaidPartymayacquireagainsttheEntity(PARTY)byvirtueofthepaymentofany lossundersuchinsurance.EachPartyagreestoobtainanyendorsementthatmaybenecessary toeffectthiswaiverofsubrogation,butthisprovisionappliesregardlessofwhetherornotthe Entityhasreceivedawaiverofsubrogationendorsementfromtheinsurer. DeductiblesandSelfInsuredRetentions AnydeductiblesorselfinsuredretentionsmustbedeclaredtoandapprovedbytheEntity (PARTY).TheEntity(PARTY)mayrequirethePartytopurchasecoveragewithalower deductibleorretentionorprovideproofofabilitytopaylossesandrelatedinvestigations,claim administration,anddefenseexpenseswithintheretention. AcceptabilityofInsurers InsuranceistobeplacedwithinsurerswithacurrentA.M.!«¹º¹ratingofnolessthanA:VII, unlessotherwiseacceptabletotheEntity. VerificationofCoverage PartyshallfurnishtheEntity(PARTY)withoriginalcertificatesandamendatoryendorsements orcopiesoftheapplicablepolicylanguageeffectingcoveragerequiredbythisclause.All certificatesandendorsementsaretobereceivedandapprovedbytheEntity(PARTY)before workcommences.However,failuretoobtaintherequireddocumentspriortothework beginningshallnotwaivethe¶§¸º¿¹obligationtoprovidethem.TheEntity(PARTY)reserves therighttorequirecomplete,certifiedcopiesofallrequiredinsurancepolicies,including endorsementsrequiredbythesespecifications,atanytime. SpecialRisksorCircumstances Entity(PARTY)reservestherighttomodifytheserequirements,includinglimits,basedonthe natureoftherisk,priorexperience,insurer,coverage,orotherspecialcircumstances. EquipmentSharingAgreementBetweenTheCityofCupertino,TownofLosGatosandTheCityofCampbell 176 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject CityProject,2012STPOverlayProject,ProjectNo.201205. RecommendedAction AcceptProjectNo.201205. Discussion The"¯º¿¹contractor,.&¸§ª¿Paving,Inc.,completedworkonthe2012STPOverlay ProjectinSeptember2013.ThisprojectwasprimarilyfundedthroughtheSurface TransportationProgramandconsistedoftheplacementofanasphaltoverlayonBubb RoadbetweenMcClellanRoadandStevensCreekBoulevard,andWolfeRoadsouthof theI280Bridge. TheprojectwasinspectedbystaffanddeterminedtobeinconformancewithCity standardsandexpectationsandwascompletedwithintheallocatedprojectbudget. ___________________________________ Preparedby:RogerLee,AssistantDirectorofPublicWorks Reviewedby:TimmBorden,DirectorofPublicWorks ApprovedforSubmissionby:DavidBrandt,CityManager Attachments:None 177 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:November4,2013 Subject CityProject,ReconstructionofCurbs,Gutters,andSidewalks,ProjectNo.201207. RecommendedAction AcceptProjectNo.201207. Discussion The"¯º¿¹contractor,Breneman,Inc.,hascompletedworkontheReconstructionof Curbs,GuttersandSidewalksproject,whichconsistedofconcreterepairsatvarious locationsthroughouttheCity. _____________________________________ Preparedby:JoAnneJohnson,PublicWorksEngineeringTechnician Reviewedby:TimmBorden,PublicWorksDirector ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: A201207ReconstructionofCurbs,Gutters,andSidewalksSiteAddressList 178 PROJECT 2012-07 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS SITE LIST 854 Alderbrook Dr1184 Elmsford Dr10360 Walnut Circle 10486 Anson Dr10553 Esquire Pl10380 Walnut Circle 10510 Baywood Ct10562 Esquire Pl22402 Walnut Circle 10515 Baywood Ct10360 Farallone Dr19894 Wheaton Dr 10450 Baywood Dr901 Ferngrove Dr6128 Willowgrove Ln 10481 Baywood Dr20091 Forest Ave6140 Willowgrove Ln 19851 Baywood Dr20105 Forest Ave10465 Wunderlich Dr 19854 Baywood Dr20916 Homestead Rd1204 Yorkshire Dr 19866 Baywood Dr7780 Huntridge Dr 19936 Baywood Dr21945 Hyannisport Dr 7889 Belknap Dr22310 Janice Ave 7949 Belknap Dr10841 Johnson Ave 814 Betlin Ave10382 Las Ondas Way 821 Betlin Ave10397 Las Ondas Way 838 Betlin Ave7525 Lockford Ct 844 Betlin Ave18734 Loree Ave 849 Betlin Ave22181 Mc Clellan Rd 19781 Bixby Dr22241 Mc Clellan Rd 10411 Bubb Rd10370 Menhart Ln 10235 Byrne Ave21358 Meteor Dr 10700 Clubhouse Ln10465 Moretti Dr 22025 Creekside Ct10281 N. Blaney Ave 10535 Cypress Ct10270 N. Portal Ave 10571 Cypress Ct10368 Normandy Ct 10510 Cypress Dr10369 Normandy Ct 10546 Cypress Dr10369 Norwich Dr 11025 De Anza Blvd19926 Portal Ave 10484 Deodara Dr19811 Price Ave 10490 Deodara Dr21889 Rucker Dr 10491 Deodara Dr21909 Rucker Dr 10511 Deodara Dr10153 S. Portal Ave 10521 Deodara Dr10214 S. Portal Ave 10535 Deodara Dr10224 S. Portal Ave 10571 Deodara Dr10720 S. Tantau Ave 1183 Elmsford Ct1123 Scotland Dr 1112 Elmsford Dr875 September Dr 1116 Elmsford Dr1019 September Dr 1139 Elmsford Dr10397 Somerset Ct 1144 Elmsford Dr10402 Somerset Ct 1148 Elmsford Dr10403 Somerset Ct 1153 Elmsford Dr20011 Somerset Dr 1165 Elmsford Dr7563 Squirewood Dr 1168 Elmsford Dr19780 Stevens Creek Blvd 1169 Elmsford Dr18731 Tilson Ave 1180 Elmsford Dr10165 Vicksburgh Dr 179 COMMUNITYDEVELOPMENTDEPARTMENT CITYHALL 1010300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773308www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject Applicationsforasubdivisionofasinglefamilyzonedlotintothree(3)residentiallotsandone (1)privateroadwayarea,andrezoningofasinglefamilyzonedpropertyfromR110toR17.5 RecommendedAction ConductthesecondreadingofOrdinanceNo.132112: ´OrdinanceoftheCupertinoCity Councilapprovingtherezoningofa.96grossacrelot,fromR110(minimumlotsizeof10,000 squarefoot)toR17.5(minimumlotsizeof7,500squarefeet)locatedat20840McClellanRd, APN35920svt! Discussion CouncildiscussedtheitemandconductedthefirstreadingonSeptember17,2013.Councilwas supportiveoftheprojectandnoadditionalconditionsofapprovalwereadded.Nochanges havebeenmadetotheordinancesincethefirstreading. Description Applications:EA201202,Z201201,TM201203 Applicant:JamesChen PropertyOwner:SueJaneHan Location:20840McClellanRd _____________________________________ SimonVuong,AICP,AssociatePlanner Preparedby: Reviewedby:AartiShrivastava,CommunityDevelopmentDirector ApprovedforSubmissionby:DavidBrandt,CityManager Attachment: AttachmentA:OrdinanceNo.132112 180 ORDINANCE NO. 13- 2112 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING THE REZONING OF A .96 GROSS ACRE LOT, FROM R1-10 (MINIMUM LOT SIZE OF 10,000 SQUARE FOOT) TO R1-7.5 (MINIMUM LOT SIZE OF 7,500 SQUARE FEET) LOCATED AT 20840 MCLELLAN RD, APN 359-20-031 WHEREAS, an application was received by the City (Application no-2012-01) for the rezoning of a property from R1-10 (Single-Family Residential, minimum lot size of 10,000 square feet) to R1-7.5 (Single-Family Residential, minimum lot size of 7,500 square feet); and WHEREAS, the rezoning will be consistent with the City's General proposed uses and surrounding uses; and WHEREAS, the necessary public notices have been given and the Planning Commission held one public hearing, recommending to the City Council that the rezoning be granted per resolution No. 6723 (Z-2012-01); WHEREAS, upon due notice, the City Council has held at least one amendment to the Zoning map be granted; and WHEREAS, the City Council finds the following: 1.That the proposed zoning is in accord with this title of the Mun Comprehensive General Plan. The rezoning is in conformance with the General Plan Land Use Ma the land use designation will be identical (Low Density, 1-5 density units/gross acre) and is For example, the project is proposing additional housing units for a more balanced ratio of (GP Policy 2-19). 2.The proposed zoning is in compliance with the provisions of the Quality Act (CEQA). biological resources, cultural resources, hazardous material, noise, air quality, geology and soils, water quality, parkland and other potential environmental impacts in accordance with CEQA requirements. The Initial Study determined that these potential environmental impacts were either less than significanill be less than significant with implementation of the required mit MND. 3.The site is physically suitable (including, but not limited to, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use develop The property involved is adequate in size and shape to conform t appropriately configured to accommodate reasonable single-family dwelling units. The proposed rezoning is compatible with the adjoining land uses and no physi would conflict with anticipated land use development. Provision 181 infrastructure to service the property are required as part of the future development. 4.The proposed zoning will promote orderly development of the City The rezoning promotes the orderly development of the city in tha development of additional housing units where municipal services are currently available. The proposed rezoning mirrors existing single-family development pattern within the surrounding neighborhood. 5.That the proposed zoning is not detrimental to the health, safetals and general welfare of persons residing or working in the neighborhood of su The proposed rezoning is not detrimental to the health, safety, peace, morals and general the persons residing or working in the neighborhood of subject parcels, as relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level, in addition to adherence to all City regulations. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: That after careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council based upon the findings described above, the public hearing record and the Minutes of Planning Commission Meeting ofAugust 27, 2013, and subject to the conditions specified below: Section 1. That the property described in attached Exhibits A & B, are here R1-7.5 (Single-Family Residential); and that Exhibit A attached hereto is made Master Zoning Map of the City of Cupertino; Section 2. That the Rezoning is contingent upon the final recordation of the tentative parcel map indicated as a concurrent approval (TM-2012-03); and Section 3. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of 17th day of September 2013 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____day of __________, 2013, by the following vote: Vote: Members of the City Council: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________________ _____________________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino G:\Planning\PDREPORT\ORD\2012\Z-2012-01 ord.doc 182 Exhibit A 183 Exhibit B 3211,2801557 NqcdqMtladq9 O`fdMtladq95 KDF@KCDRBQHOSHNM Qd`koqnodqsxhmsgdBhsxneBtodqshmn+BntmsxneR`ms`Bk`q`+R enkknvr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www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:November4,2013 Subject Considerafeewaiverrequestfromthenonprofitorganization,HinduSwayamsevak Sangh(HSS),fortheuseoftheCreeksideParkBuildingfortwohourseverySunday morning. RecommendedAction Denyfeewaiverrequest. Description StaffreceivedarequestfromMuneeshGoomer,whoisamemberoftheHindu SwayamsevakSanghgroup,askingstafftowaivethefeesforthe ¶«¸¶«º»§²»¹«!ofthe CreeksideParkBuildingeverySundaymorningfrom9:30to11:30a.m.Thisfeewaiver requestis ¶«¸¶«º»§²!becausethegroupplanstocontinuetheirmeetingsforthe ¬µ¸«¹««§¨²«¬»º»¸«! Discussion Currently,theHSSGroupisreceivingtheCupertinoNonProfitrateof$30.00perhour, twohoursperweek,foracostof$60.00perweek,whichamountstoapproximately $240permonth. Inaddition,thereisalsoacostforastaffpersontoopenandclosetheCreekside building,beforeandaftertheweeklySundaymeetings.Thestafffeesamountto approximately$15.00perhour,foraweeklycostof$30.00,andanapproximate monthlycostof$120.00. FiscalImpact Theapproximateamountoffeesperyearwouldbe$3,120,plusstafftime.Inaddition, waivingoffeesforthisnonprofitorganizationwillopenthedoorforotherrequests. _____________________________________ Preparedby:CarolAtwood,Director,ParksandRecreation ApprovedforSubmissionby:DavidBrandt,CityManager Attachments:None 185 COMMUNITYDEVELOPMENTDEPARTMENT BUILDINGDIVISION 1010300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773223www.cupertino.org CITYCOUNCILSTAFFREPORT November4,2013 Subject AmendmenttoTitle16,BuildingsandConstruction,oftheCupertinoMunicipalCodeamending specificportionsrelatedtotheCaliforniaBuildingsStandardsCodeasmandatedbytheStateof California. Recommendation StaffrecommendsthatCityCouncil: 1.ApproveanOrdinanceamendingTitle16oftheCupertinoMunicipalCodepertheattached Ordinance(AttachmentA)andconductthefirstreadingthereof; 2.AdoptaResolutionmakingfactualfindingswithrespecttothelocalgeological,topographical,and climaticconditionsnecessarytomakelocalamendmentstotheCaliforniaBuildingStandardsCode (AttachmentB). Discussion TheBuildingStandardsCommission(BSC)mandatestheCaliforniaCodeofRegulations,Title24,also referredtoastheCaliforniaBuildingStandardsCodebeadoptedbylocaljurisdictions.TheCalifornia BuildingStandardsCodeispublishedinitsentiretyeverythreeyearsbyorderoftheCalifornia legislature,withsupplementspublishedininterveningyears.ThelocalTrichapterUniformCode Committee(TUCC)ismadeupoflocalBuildingOfficialsservingcommunitiesintheEastBay(East BayChapter),communitiesalongthepeninsulafromasfarnorthasSanFranciscoandasfarsouthas Gilroy(PeninsulaChapter)andcommunitiesservingtheMontereyCountyarea(MontereyChapter) andtakesontheresponsibilitytoreviewandamendthemodelcodestoenhanceregionalconsistency inapplicationandenforcementoftheadoptedcodes.Thecommitteedevelopsstandardizedcodes, interpretationsandlocalamendmentstomaintainconsistencyfromonejurisdictiontoanother. LocalAmendments "§²¯¬µ¸´¯§¹HealthandSafetyCode(HSC)requireslocaljurisdictionstoadopttheCaliforniaBuilding StandardsCodeforlocalenforcementwith180daysafterTitle24,CaliforniaCodeofRegulations 186 (C.C.R.)ispublished.InadoptingTitle24forlocalenforcement,thejurisdictionmayamendthe standardsifsuchamendmentsarenecessarytoaddressalocalgeologic,topographicorclimatic condition.CupertinohasworkedwithotherlocaljurisdictionsintheBayAreatoensureconsistency amongamendmentsaspartoftheTUCC.TheLocalAmendmentsincludedinthecodeadoption packagethatarerecommendedtobeadoptedbyCityCouncilaremorestringentthantheStateCodes. AredlineversionoftheproposedchangestoTitle16oftheMunicipalCodeisprovidedinAttachment C.AttachmentDincludesjustificationandfindingsforthelocalamendments. TheOrdinanceamendmentachievesthefollowing: Adoptsthe2013editionoftheCaliforniaAdministrative,Building,Residential,Electrical, Mechanical,Plumbing,Fire,Energy,HistoricalBuilding,ExistingBuildingandGreenBuilding Standardscodesbyasingleordinance. UpdatespreviouslyadoptedlocalamendmentstotheCaliforniaCodestomatchcurrentcode languageandcrossreferences. UpdatesthemunicipalcodetoeliminatelocalamendmentstopreviousCaliforniaCodesthathave beenincorporatedintothe2013CaliforniaBuildingStandardscode. Theselocalamendmentsarediscussedindetailbelow: 1.CleanUpofOutdatedStandards Theproposedlocalamendmentscleanupexistingmunicipalcodeamendmentswhichareoutdated orirrelevantduetothenew2013Codes.Forexample,thesectionrelatedtoSwimmingPoolsinthe 2013CaliforniaBuildingStandardsCodeisveryspecificonrequirements,whichhavebeenvetted throughtheBuildingStandardsCommissionprocess.Asaresult,SectionChapter16.32adopting SwimmingPoolregulationsfortheCityofCupertinonolongerneedstobeincludedinour MunicipalCode. 2.AdministrationChapter Chapter16.02isanewsectionthathasbeenaddedtotheMunicipalCodetoensureuniformityin implementingandenforcingallsectionsoftheTitle16,includingtheChaptersrelatingtothe BuildingCode,ResidentialCode,PlumbingCode,MechanicalCode,ElectricalCode,FireCode, EnergyCode,andGreenBuildingStandardsCode.Iteliminatesrepetitionofregulationsrelatedto administrationineachsection. 3.AmendmentRelatedtoSeismicRequirements Someoftheamendmentsincludestructuralprovisionsofthecodethatwerereviewedand recommendedbytheTUCC.Theseproposedamendmentsarenecessaryfortheprotectionofthe publichealth,safetyandwelfare,duetothelocalclimatic,geologicortopographicalconditions. TheBayArearegionisadenselypopulatedareahavingbuildingsconstructedoverandnearavast arrayoffaultsystemscapableofproducingmajorearthquakes,includingbutnotlimitedtothe 2 187 recent1989LomaPrietaEarthquake.Seismically,Cupertinoissituatedadjacenttoactive earthquakefaultscapableofproducingsubstantialseismicevents.ThecityhastheSanAndreas andSargentBerocalfaultsrunningthroughthelowerfoothillsandtheMontaVistafaultsystem closertothevalleyfloorarea.TheHaywardfaultisjustnortheastofthecitywhichwouldhavea majoreffectupontheCityifitweretorupture.Addingtothisthreat,thenumberofvehiclesdriven inCupertinoissteadilyincreasingwithcommutersdrivingtoandthroughthecityeithertotheir homes,shoppingand/orplacesofemployment.SincetheCityisdividedbymajorfreewaysand expressways,theoccurrenceofamajorearthquakewouldsignificantlyimpacttheabilityoffire crewstorespondtoemergenciesshouldoneormorefreeway/expresswaybridgescollapseorbe substantiallydamaged. FireCodeAmendments TheCityofCupertinoexperienceslowhumidity,highwindsandwarmtemperaturesduringthe summermonthscreatingconditionswhichareparticularlyconducivetotheignitionandspreadof grass,brushandstructurefires.Firesuppressioncapabilitieswillbeseverelylimitedshouldthewater systembeextensivelydamagedduringtheseismicevent.Thenumberofvehiclesontheroadatany giventimeduringthedaycanplayamajorroleontheresponsetimeofemergencyservicesthus greatlyincreasingtherisktopropertyandlife.Additionally,theremotenessandsteepnessofhillside areasintheCitysignificantlyimpactstheabilityofemergencyresponderstoextinguishorcontrol wildlandorstructurefires. ThelocalFireCodeamendmentstotheCaliforniaFireCodeprovidedbyJohnJustice,SantaClara CountyDeputyChief,weredevelopedbytheSantaClaraCountyFireMarshalsAssociationand endorsedbytheSantaClaraCountyFireChiefsAssociation.Theintentistohaveconsistencyinthe applicationofcodesrelatedtofiresafety.Theamendmentshavebeenprovidedtoallcitieswithinthe SantaClaraCountyFireDepartmentjurisdiction,aswellassurroundingCountyjurisdictions,tobe includedintheirrespectivecodeadoptionpackageforconsistencyofenforcement. Keychangesaresummarizedbelow: 1.CrossReferenceNewCodeSections Thepurposeoftheseproposedamendmentsaretoincludeandcrossreferencethepreviously adoptedFireCodeOrdinancetothenew2013CaliforniaFireCode.Forexample,thisyearthe languagehasbeenaddedtoexemptsolarpanelsinstalledoverparkinglotsfromsprinkler requirementsincertainspecifiedsituations.Also,thecodelanguagehasbeenrewordedto specificallyreflectthatresidentialbuildingswillbesprinkleredinaccordancewiththeResidential Code.BecausesomeChaptersinthe2013CaliforniaFireCodehavebeenrelocated,mostofthe revisionstothelocalamendmentsfortheFireCodearerevisedtobeconsistentwiththenewcode. 2.AddressConflictsbetweenLocalCodeandStateCode TheamendmentstoChapter50and60oftheCaliforniaFireCodearenecessaryinordertoensure therequirementsrelatedtohazardousmaterialsandtoxicgasesintheCFCareconsistentandnot 3 188 inconflictwiththehazardousmaterialsandtoxicgasregulationsfoundinCupertinoMunicipal CodeSections9.12and16.42respectively. 3.AdditionalRequirementsRelatedtoSpecificLocalConditions Allotheramendments,suchasthosetoCFCChapter49regardingfiresafetyintheWildland UrbanInterfaceFireAreaandtoCFCChapter5,FireServiceFeatures,areneededbecausetheCFC doesnotadequatelyprovidethesafeguardsordetailedregulationsnecessaryforspecificsubject areastoaddressthelocalconditionsencounteredintheCityofCupertino,however,nosignificant changeshavebeenmadefromthepreviouscodeadoption. EffectiveDateofCodeAdoption OnJuly1,2013,theBSCpublishedthe2013editionoftheCaliforniaBuildingStandardsCode.The 2013CaliforniaAdministrative,Building,Residential,Plumbing,Mechanical,Electrical,Fire,Energy andGreenBuildingStandardsCodesasmandatedbytheStateofCaliforniawillbecomeeffectiveon January1,2014.Becausethelocalamendmentstothestateadoptedcodescannotbecomeeffective untilafterthe31stdayofthe2ndreading,staffwillneedtoschedulethefirstandsecondhearingsso thatthesecondhearingwillbescheduledontheNovember19Councilmeeting.Planssubmittedafter th January1,2014,willberequiredtocomplywiththenew2013CaliforniaCodesalongwiththelocal adoptedamendments. PotentialAdditionalAmendmentsfor2014 TheLeagueofCaliforniaCitiesprovideslegislativebriefingsasanoverviewofupcominglegislative issuesandinformationregardingnewlawsfor2014whichwillaffectallcities.Thesebriefingsare designedtohelpcityofficialsstayuptodateandincompliancewiththenewlaws.Becausethe LeagueofCaliforniasCitysupdateforbillseffectivein2014isnotavailableuntilNovember2013,any legislativeamendmentsrequiredtobeincludedintheordinancewillneedtobedeferred.A supplementalstaffreportandordinancechangemaybenecessaryuponreviewofanyadditional legislativechangesscheduledtobereleasedsoonafterthepublicationofthisreport. SummaryofAmendments TheStateofCaliforniaallowlocalmunicipalitiestomodifythestateadoptedbuildingstandardsto makethemmorerestrictive(notless),providedcertainfindingsaremadethattheproposed modificationsarenecessaryduetospeciallocalclimatic,geologicalortopographicalconditionsthat canaffectthehealth,welfareandsafetyoflocalresidents.PursuanttoHealthandSafetyCode17958, 18941.5and13869,Administrativestandardsdonotrequireajustificationorfindingstojustify proposedamendments.BuildingStandards,includingGreenBuildingStandards,mustbejustifiedon thebasisofoneormorelocalclimatic,geologicalortopographicalconditions.AttachmentDfollowing isasummaryoftheamendmentsmadetoTitle16oftheCupertinoMunicipalCodeanddiscussesthe reasonandjustificationforeach.EachamendmentisidentifiedbytheSectionnumberusedinthe 4 189 proposedOrdinance.Manyoftheproposedamendmentshavebeenrenumberedtomatchtherevised formatoftheInternationalCodesuponwhichseveraloftheCaliforniacodesarebased. EnvironmentalReview Exempt,undertheprovisionoftheCaliforniaEnvironmentalQualityActof1970,asamended,14 CaliforniaCodeofRegulationsSection15061(b)(3). _____________________________________ Preparedby:AlbertSalvador,BuildingOfficial Reviewedby:AartiShrivastava,CommunityDevelopmentDirector ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: A.DraftOrdinanceamendingTitle16oftheCupertinoMunicipalCode B.DraftResolution C.DraftOrdinanceamendingTitle16oftheCupertinoMunicipalCode(redlineversion) D.JustificationandFindingsforLocalAmendments 5 190 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER16OF THE CUPERTINO MUNICIPAL CODE ADDING CHAPTER 16.02 AND ADOPTING THE 2013 CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, ELECTRICAL CODES, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS, MODIFICATIONS, AND ADDITIONS WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 and Safety Code, the City of Cupertino may adopt the provisions of the California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building Green Building Standards Code and International Existing Buildin amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of Cupertino because of the local cli, and topographical conditions; and WHEREAS, over the years, the City Council made factual findings n respective sections of Chapter 16 of the Cupertino Municipal Code relating California codes; and WHEREAS, the factual findings made then continue to be valid and rela made to the California codes in this adoption; and WHEREAS, in addition to those findings set forth in the provisio Code, on November 4, 2013, the City Council adopted a resolution with respect to the local geological, topographical, and climate conditions including, but not limited to, the following: 1)The Bay Area region is a densely populated area with buildings constructed over and near a vast array of fault systems capable of producing majo including, but not limited to the recent 1989 Loma Prieta Earthquake; 2)Cupertino is situated adjacent to active earthquake faults capab 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 Cupertino in the event of an earthquake; Council Agenda: November4, 2013 Page: 1 Revision Date: October 29, 2013 191 3)Vehicular traffic through Cupertino is significant, and continue Cupertino is an employmentcenter as well as the location of residential projects; 4)Cupertino is divided by major freeways and expressways, the occurrence of a major earthquake could impact the ability of fire crews to respond to one or more of the freeways or expressways collapse, be substantially damaged, or become gridlocked; 5)Fire suppression capabilities would be severely limited should t damaged during an earthquake; 6)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; 7)Cupertinos topography contains remote, steep hillsides which fu ability of emergency responders to extinguish or control wildland or structural fires; and 8)The local geographic, topographic and climatic conditions requir the California Codes to establish more restrictive conditions to integrity of the buildingsin the event of a seismic incident and provide other protections to protect against the increased risk of fire. WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of the California Environmental Quality Act of 1970, as amended, 14 California Code of Regulations, Section 15061(b)(3); and WHEREAS, the City Council of the City of Cupertino is the decisi-making body for this Ordinance; and WHEREAS, this Council has reviewed and considered the Statement ption determination under CEQA prior to taking any approval actions on NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CUPE SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended to add Chapter 16.02 to read as follows: Council Agenda: November4, 2013 Page: 2 Revision Date: October 29, 2013 192 CHAPTER 16.02: ADMINISTRATIVE CODE 16.02.010 Purpose. The purpose of this title is to establish the minimum requiremen public health, safety and general welfare through structural str facilities, stability, sanitation, adequate light and ventilation, en safety to life and property from fire and other hazards attribut and to provide safety to fire fighters and emergency responders ncy operations. This title provides for the administration and enforcement of th plumbing, mechanical, electrical, fire prevention, energy, housi conservation and historical codes adopted by the City of Cupertino. 16.02.020 Definitions. For the purposes of this chapter the following terms, phrases, w derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plu The word shall is always mandatory and not merely directory. A. Building means any structure used or intended for supporting or sheltering any use or occupancy.A structure containing less than one hundred and twenty (120) square feet of floor space shall not fall within this definition B. Building Official means the Chief Building Official for the Cino or designee; C. City means the City of Cupertino; D. Person means any person, firm, partnership, association, corpo organization of any kind. 16.02.030 Scope. The provisions of this title shall apply to the construction, alteration, relocation, enlargement, replacement, repair, use and occupancy and demoliti structure and building services equipment of every building or s Council Agenda: November4, 2013 Page: 3 Revision Date: October 29, 2013 193 Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specifi this code specify different materials, methods of construction o most restrictive shall govern. 16.02.040 General. Adopt Section [A] 104.1 of the 2013 California Building Code as follows: [A] 104.1 General. The Building Official is hereby authorized and directed to enfor the provisions of this title. The Building Official shall have authority to render interpretations of the codes identified in this title and to ado order to clarify the application of its provisions. Such interpr procedures shall be in compliance with the intent and purpose for each code. Such policies and procedures shall not have the effect of waiving requirements in the codes. 16.02.050 Applications and permits. Adopt Section [A] 104.2 of the 2013 California Building Code as follows: [A] 104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection demolition and moving of buildings and structures, inspect the ph permits have been issued and enforce compliance with the provisi 16.02.060 Notices and orders. Adopt Section [A] 104.3 of the 2013 California Building Code as follows: [A] 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 16.02.070 Inspections. Adopt Section [A] 104.4 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 4 Revision Date: October 29, 2013 194 [A] 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept repo agencies or individuals. Reports of such inspections shall be in responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed n unusual technical issues that arise, subject to the approval of 16.02.080 Identification. Adopt Section [A] 104.5 of the 2013 California Building Code as follows: [A] 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties u 16.02.090 Right of Entry. Adopt Section [A] 104.6 of the 2013 California Building Code as follows: [A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reast there exists in a structure or upon a premises a condition which violation of this code which makes the structure or premises uns hazardous, the Building Official is authorized to enter the stru reasonable times to inspect or to perform the duties imposed by t such structure or premises be occupied that credentials be prese entry requested. If such structure or premises is unoccupied, thfficial shall first make a reasonable effort to locate the owner or other person hav structure or premises and request entry. If entry is refused, th recourse to the remedies provided by law to secure entry. 16.02.100 Department records. Adopt Section [A] 104.7 of the 2013 California Building Code as follows: [A] 104.7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, Council Agenda: November4, 2013 Page: 5 Revision Date: October 29, 2013 195 and notices and orders issued. Such records shall be retained in period required for retention of public records. 16.02.110 Liability. Adopt Section [A] 104.8 of the 2013 California Building Code as follows: [A] 104.8 Liability. The Building Official, member of the board of appeals or employe charged with the enforcement of this code, while acting for the and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personall from personal liability for any damage accruing to persons or pr act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by th the lawful discharge of duties and under the provisions of this legal representative of the jurisdiction until the final termination of the Building Official or any subordinate shall not be liable for cos proceeding that is instituted in pursuance of the provisions of 16.02.120 Approved materials and equipment. Adopt Section [A] 104.9 of the 2013 California Building Code as follows: [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. 16.02.130 Used materials and equipment. Adopt Section [A] 104.9.1 of the 2013 California Building Code as follows: [A] 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment an shall not be reused unless approved by the Building Official. 16.02.140 Modifications. Council Agenda: November4, 2013 Page: 6 Revision Date: October 29, 2013 196 Adopt Section [A] 104.10 of the 2013 California Building Code as follows: [A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall hav modifications for individual cases, upon application of the owne representative, provided the Building Official shall first find that special i makes the strict letter of this code impractical and the modific the intent and purpose of this code and that such modification dth, accessibility, life and fire safety, or structural requirements. modifications shall be recorded and entered in the files of the safety. 16.02.150 Alternate materials, design and methods of construction and equipment. Adopt Section [A] 104.11 of the 2013 California Building Code as follows: [A] 104.11 Alternative materials, design and methods of construc The provisions of this code are not intended to prevent the inston of any material or to prohibit any design or method of construction not specifically p provided that any such alternative has been approved. An alterna method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of and that the material, method or work offered is, for the purpos equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 16.02.160 Research Reports. Adopt Section [A] 104.11,1 of the 2013 California Building Code as follows: [A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided fo of valid research reports from approved sources. 16.02.170 Permit Required. Council Agenda: November4, 2013 Page: 7 Revision Date: October 29, 2013 197 Adopt Section [A] 105.1 of the 2013 California Building Code as follows: [A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a buil erect, install, enlarge, alter, repair, remove, convert or replactrical, gas, mechanical or plumbing system, the installation of which is regu Code of Regulations, or to cause any such work to be done, shall the Building Official and obtain the required permit. 16.02.180 Time limitation of application. Adopt Section [A] 105.3.2 of the 2013 California Building Code as follows: [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a perm that the Building Official is authorized to grant one or more ex additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 16.02.190 Validity of permit. Adopt Section [A] 105.4 of the 2013 California Building Code as follows: [A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of t any other ordinance of the jurisdiction. Permits presuming to gi cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and oth the Building Official from requiring the correction of errors in and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordina 16.02.200 Expiration. Adopt Section [A] 105.5 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 8 Revision Date: October 29, 2013 198 [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days afte work authorized on the site by such permit is suspended or abandod of 180 days after the time the work is commenced. The Building Official writing, one or more extensions of time, for periods not more th extension shall be requested in writing and justifiable cause detrated. 16.02.210 Suspension or revocation. Adopt Section [A] 105.6 of the 2013 California Building Code as follows: [A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete inf any ordinance or regulation or any of the provisions of this cod 16.02.220 Placement of permit. Adopt Section [A] 105.7 of the 2013 California Building Code as follows: [A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 16.02.230 Responsibility of permittee. Add new Section [A] 105.8 to the 2013 California Building Code to read as follows: [A] 105.8 Responsibility of permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicants ag contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulat whether specified or not. No approval shall relieve or exonerat responsibility of complying with the provisions and intent of this code. 16.02.240 Fees. Council Agenda: November4, 2013 Page: 9 Revision Date: October 29, 2013 199 Fees shall be paid to the city as set forth in the latest resolu 16.02.250 Inspections. Adopt Section [A] 110.1 of the 2013 California Building Code as follows: [A] 110.1 General. Construction or work for which a permit is required shall be sub to inspection by the Building Official and such construction or and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the p or amendments specified in this title. It shall be the duty of the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City of Cupertino shall be liable for expense e replacement of any material required to allow inspections. Adopt Section [A] 110.2 of the 2013 California Building Code as follows: [A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structu application has been filed. Adopt Section [A] 110.3.8 of the 2013 California Building Code as follows: [A] 110.3.8 Other Inspections. In addition to the called inspections specified above, the Building Official is authorized to make or require any other ins work to ascertain compliance with the provisions of this code and other laws that enforced by the Building Department.For the purpose of determining compliance, the Building Official may cause any structure to be reinspected. If any inspection is made at the request of any individual, property owner or lending institution, a fee of making such inspection shall be charged as set forth in the l the city. 16.02.260 Certificate of Occupancy. Adopt Section [A] 111.1 of the 2013 California Building Code as follows: [A] 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building Council Agenda: November4, 2013 Page: 10 Revision Date: October 29, 2013 200 thereof shall be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occup an approval of a violation of any provision of this title or any Cupertino. Adopt Section [A] 111.2 of the 2013 California Building Code as follows: [A] 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code enforced by the Building Department, the Building Official may issue a certi occupancy that contains the following: 1. The building permit number. 2. The address of the building or structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has compliance with the requirements of this code for the occupancy occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provision of C California Building Code. 9. The type of construction as defined in Chapter 6 of the California B 10. The design occupant load. 11. If the automatic sprinkler system is provided, whether the required. 12. Any special stipulations and conditions of the building permit. Adopt Section [A] 111.3 of the 2013 California Building Code as follows: [A] 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the ed by the permit, provided that such portion of portions shall be occupied Official shall set a time period during which the temporary cert Adopt Section [A] 111.4 of the 2013 California Building Code as follows: [A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the Council Agenda: November4, 2013 Page: 11 Revision Date: October 29, 2013 201 California Building Code wherever the certificate is issued in e on the basis of incorrect information supplied, or where it is determined that t portion thereof is in violation of any ordinance or regulation o California Building Code. 16.02.270 Board of Appeals. Adopt Section [A] 113.1 of the 2013 California Building Code and amend to readas follows: [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to applica and interpretation of the codes identified in this Title, there shall be and is hereby consisting of five members who are qualified by experience and t matters pertaining to building construction installations and materials. The Board of Appeals shall be appointed by the Mayor, subject to the approval The Board shall adopt reasonable rules and regulations for conductin shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant, and may recommend to the City Council suc consistent therewith. To the extent permitted by law, the same personnel of the Board Appeals appointed under this code may act as the Board of Appeals under this Title. In the event where no such Board of Appeals has been established, the C said Appeals Board. Add Section [A] 113.1.1 to read as follows: [A] 113.1.1 Access Compliance. Per Health and Safety Code 19955 19959.5, in order to hear and decide appeals of orders, decisions or determination Official relative to Access Compliance, there shall be and is he Appeals consisting of five members to hear written appeals brought by any person regarding action taken by the Building Department. Two members of Accessibility Board of Appeals shall be physically handicapped persons, two members experienced in construction, and one member shall be a public member. The Accessibility Board of Appeals shall be appointed by the Mayor, subject to the Council. The Accessibility Board of Appeals shall adopt reasonable rules for conducting its investigations and shall render all decisions and findings in writing the Building Official, with a duplicate copy to the appellant, a City Council such new legislation as is consistent therewith. In the event where no such Board of Appeals has been established, the City Council shall serve as said Council Agenda: November4, 2013 Page: 12 Revision Date: October 29, 2013 202 16.02.280 Violations. Adopt Section [A] 114.1 of the 2013 California Building Code as follows: [A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish structure or equipment regulated by the codes identified in this done, in conflict with or in violation of any of the provisions of any code identified in this title. Adopt Section [A] 114.2 of the 2013 California Building Code as follows: [A] 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a violation of any provisions of any code identified in this title certificate issued under the provisions of any code identified in this title. Such order direct the discontinuance of the illegal action or condition and violation. 16.02.290 Stop Work Order. Adopt Section [A] 115.1 of the 2013 California Building Code as follows: [A] 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisio in this title or dangerous or unsafe, the Building Officialis authorized to issue a stop work order. Adopt Section [A] 115.2 of the 2013 California Building Code as follows: [A] 115.2 Issuance. The stop work order shall be in writing and shall be given to th owner of the property involved, or to the owners agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immedia work order shall state the reason for the order, and the conditi work will be permitted to resume. Council Agenda: November4, 2013 Page: 13 Revision Date: October 29, 2013 203 16.02.300 Penalty. Except where otherwise specified, any person who violates any of code specified in this title shall be guilty of a misdemeanor, a shall be punished as provided in Chapter 1.12 of the Cupertino Municipal Code. SECTION 2. Chapter 16.04 of Title 16 of the Cupertino Municipal Code is her and readopted to read as follows: CHAPTER 16.04: BUILDING CODE 16.04.010 Code Adoption. The provisions of the 2013 California Building Code, Volumes 1 and 2 inclusive, and Appendices which follow and each and all of the regulations, pro terms of the code is referred to as if fully set forth in this c adopted. One (1) copy of each volume of the code therefore is on file in the office of Official pursuant to Health and Safety Code Section 18942 (d) (1 for public inspection. 16.04.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2013 California Building Code are hereby adopted. Appendix C: Group U Agricultural Buildings; Appendix F: Rodentproofing; Appendix G: Flood-Resistant Construction; Appendix I: Patio Covers; California Code Part 8: 2013 California Historical Building Code; California Code Part 10: 2013 California Existing Building Code; California Code Part 12: 2013 California Referenced Standards C Council Agenda: November4, 2013 Page: 14 Revision Date: October 29, 2013 204 16.04.050 Address Posting Identification. Adopt Section 501.2 of the 2013 California Building Code and amend to read as follows: New and existing buildings shall be provided with approved addre letters. Each character shall be not less than 4 inches in heig width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. When required by the fire numbers shall be provided in additional approved locations to fa response. Where accessis by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved s used to identify the structure. Address numbers shall be mainta No Certificate of Occupancy or final building approval for new construction or alterations shall be granted until the building or residence has posted. Subdivisions and Planned Developments shall submit a numberin approval by the Building Department and the Fire Department. All commercial buildings having a single address assigned with multi-suite arrangements shall have the suite- numbering system approved or assigned by the Building Department copy to the Fire Department for emergency use. 16.04.070 Exterior Wildfire Exposure. Amend Section 707A.8 of the 2010 2013 California Building Code to read as follows: 707A.8 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall consist of one of the following: 1. Noncombustible material. 2. Ignition-resistant material. 3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection. 4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum pan products listed in the Gypsum Association Fire Resistance Design Manual. 5. The underside of a floor assembly that meets the performance cri with the test procedures set forth in the SFM Standard 12-7A-3. Council Agenda: November4, 2013 Page: 15 Revision Date: October 29, 2013 205 Exception: Heavy timber structural columns and beams do not require protection. Amend Section 710A.3of the 2013 California Building Code to read as follows: 710A.3 Where required. Accessory structures shall comply with the requirements of this section. 710A.3.1 Attached accessory structures shall comply with the requirements of this section. Amend Section 710A.4 of the 2013 California Building Code to read as follows: 710A.4 Requirements. Accessory structures shall be constructed on noncombustible or ignition-resistant materials. 16.04.080 Roof Covering Classification. Amend Section 1505.1.3 of the 2013 California Building Code to read as follows: 1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is rlaced within any one-year period, the entire roof covering of every new structure, and any the alteration, repair or replacement of the roof of every exist- retardant roof covering that is at least Class A. Amend Section 1505.1.4 of the 2013 California Building Code to r 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 perotal roof area is replaced within any one-year period, the entire roof covering of every new structure, an any roof covering applied in the alteration, repair or replaceme existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section 705A. 16.04.340 Conventional Construction Provisions (Bracing). Council Agenda: November4, 2013 Page: 16 Revision Date: October 29, 2013 206 Amend Section 2308.9.3 of the 2013 California Building Code to read as follows: 2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet requirements for location, type and amount of bracing as shown i specified in Table 2308.9.3(1) and are in line or offset from each other by not more than 4 fee (1219 mm). Braced wall panels shall start not more than 12 end of a braced wall line. Braced wall panels shall be clearly Construction of braced wall panels shall be by one of the following methods: 1.Nominal 1-inch by 4-inch (25mm by 102 mm) continuous diagonal braces let into top and bottom plates and intervening studs, placed at an angle not (1.0 rad) or less than 45 degrees (0.79 rad) from the horizontal and attached to the framing in conformance with Table 2304.9.1. 2. Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied spaced not over 24 inches (610 mm) o.c. 3. Wood structural panel sheathing with a thickness not less than 3/8 inch (9.5 mm) for 16- inch (406 mm) or 24-inch (610 mm) stud spacing in accordance with Tables 3308.9.3(2) and 3308.9.3(3). 4. Fiberboard sheathing panels not less than ½ inch (12.7 mm) thick horizontally on studs spaced not over 16 inches (406 mm) o.c. where instal fasteners in accordance with Section 2306.6 and Table 2306.6. 5. Not adopted. 6. Particleboard wall sheathing panels where installed in accordanc 2308.9.3(4). 7. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. installed with Section 2510. This item is limited to one-story structures of R-3 and U occupancies. 8. Hardboard panel siding where installed in accordance with Sectioe 2308.9.3(5). For cripple wall bracing, see Section 2308.9.4.1. For Methods 2 must be at least 48 inches (1219 mm) in length, covering three s spaced 16 inches (406 mm) apart and covering two stud spaces where studs are spaced 24 inches (610 mm) apart. For Method 5, each panel must be at least 96 inches (2438 mm) in to one face of a panel and 48 inches (1219 mm) where applied to joints of panel sheathing shall occur over studs and adjacent panel joints shall be nai common framing members. Horizontal joints shall occur over bloc equal in size to the studding except where waived b the installa Council Agenda: November4, 2013 Page: 17 Revision Date: October 29, 2013 207 specific sheathing materials. Sole plates shall be nailed to the floor f shall be connected to the framing above in accordance with Secti are perpendicular to braced wall lines above, blocking shall be and in line with the braced wall panels. 16.04.360 Concrete Isolated Footings. Amend Section 1705.3 Exception #1 of the 2013 CBC to read as follows: 1705.3 Concrete Construction.The special inspectionsand verifications for concrete construction shall be as required by this section and Table 1705.3. Exception: Special inspections shall not be required for: 1.Isolated spread concrete footings of buildings three stories or that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, fc, no greater than inch (psi) (17.2 Mpa). 16.04.370 Revise Section 1905.1.8 ACI 318Section 22.10. Amend Section 1905.1.8 and ACI 318 Section 22.10 and replace with the following: 22.10 - Plain concrete in structures assigned to seismic design category 22.10.1- Structures assigned to Seismic Design Category C, D, E or F shal elements of structural plain concrete, except as follows: (a)Isolated footings of plain concrete supporting pedestals or colu provided the projection of the footing beyond the face of the su not exceed the footing thickness. Exception: In detached one and two-family dwelling three stories or less in height, the projection o the footing beyond the face of the supported member is permitted thickness. Council Agenda: November4, 2013 Page: 18 Revision Date: October 29, 2013 208 (b)Plain concrete footing supporting walls are permitted, provided least two continuous longitudinal reinforcing bars. Bars shall not be and shall have a total area of not less than 0.002 times the gro-sectional area of the footing. A minimum of one bar shall be provided at the top footing. Continuity of reinforcement shall be provided at corne Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least tcontinuous longitudinal reinforcing bars not smaller than No. 4 are permitt less than 0.002 times the gross cross sectional area of the footing. 16.04.400 Swimming Pools. Adopt Section 3109 of the 2013 California Building Code. Inspections for Swimming Pools. A. All Work to Be Inspected. All pool installations or alterations thereto including equipment, piping and appliances related thereto shall be inspec Department to insure compliance with the requirements of the California Building Code. B. Called Inspections. It shall be the duty of the person doing the work authorized by building permit to notify the Building Department that said work Such notification shall be given not less than twenty-four hours before the work is to be inspected. 1. Pregunite inspection is required when all steel is in place, pip is in with pressure test, all steel and related attachments are underwater light housing is installed; 2. An inspection is required for all conduit and gas piping under s poured; 3. Final inspection is required after all equipment is in place and filled with water and all fences and gates are installed; 4. A reinspection fee per the adopted fee schedule per inspection w each inspection over two where the work is not ready or correcti completed; 5. The owner shall arrange with the Building Department for inspectors to enter property to make necessary inspections in connection with the po Council Agenda: November4, 2013 Page: 19 Revision Date: October 29, 2013 209 SECTION 3. Chapter 16.06 of Title 16 of the Cupertino Municipal Code is her and readopted to read as follows: CHAPTER 16.06 RESIDENTIAL CODE 16.06.010 Code Adoption. The provisions of the 2013 California Residential Code and specified Appendices and each and all of the regulations, provisions, conditions and term if fully set forth in this chapter, and is by such reference adopte One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are inspection. 16.06.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2013 California Residential Code are hereby adopted: Appendix A: Sizing and Capacities of Gas Piping; Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix G: Swimming Pools, Spas and Hot Tubs; Appendix H: Patio Covers; Appendix J: Existing Building and Structures; Appendix K: Sound Transmission; 16.06.050 Automatic Fire Sprinkler Systems. Amend Section R313.1 of the 2013 California Residential Code to read as follows: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in additions are made that increase the building area to more than 3,600 square feet. Council Agenda: November4, 2013 Page: 20 Revision Date: October 29, 2013 210 Exception: One or more additions made to a building after January 1, 2011 t 1000 square feet of building area. Amend Section R313.2 of the 2013 California Residential Code to read as follows: R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed i- and two-family dwellings as follows: 1.In all new one- and two-family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more Exception: One or more additions made to a building after January 1, 2011 t than 1000 square feet of building area. 2.In all new basements and in existing basements that are expanded Exception: Existing basements that are expanded by not more than 50%. 16.06.060 Materials and Construction Methods for Exterior Wildf Amend Section R327.7.8 of the2013 California Residential Code to read as follows: R327.7.8 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this ch the exposed underfloor shall consist of one of the following: 1. Noncombustible material. 2. Ignition-resistant material. 3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering the underside of the floor projection. 4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum pan products listed in the Gypsum Association Fire Resistance Design Council Agenda: November4, 2013 Page: 21 Revision Date: October 29, 2013 211 5. The underside of a floor assembly that meets the performance criteria in accordance with the test procedures set forth in the SFM Standard 12-7A-3. Exception: Heavy timber structural columns and beams do not require protect Amend Section R327.10.3 of the 2013 California Residential Code to read as follows: R327.10.3.Where required. Accessory structures shall comply with the requirements of this section. R327.10.3.1.Attached accessory structures shall comply with the requirements this section. Amend Section R327.10.4 of the 2013 California Residential Code to read as follows: R327.10.4. Requirements. Accessory structures shall be constructed on noncombustible or ignition-resistant materials. 16.06.070 Footings. Amend Section R403.1 of the 2013 California Residential Code to readas follows: R403.1 General. All exterior walls shall be supported on continuous solid or ful grouted masonry or concrete footings, or other approved structur of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined soil. Footings shall be supported on undisturbed natural soils footings shall be designed and constructed in accordance with the provisions of Se R403 or in accordance with ACI 332. LOAD-BEARING VALUE OF SOIL (psf) 1,500 2,000 3,000 Conventional light-frame construction 1-story 12 12 12 12 2-story 15 12 12 12 3-story 23 17 12 12 4-inch brick veneer over light frame or 8-inch hollow concrete masonry 1-story 12 12 12 12 Council Agenda: November4, 2013 Page: 22 Revision Date: October 29, 2013 212 2-story 21 16 12 12 3-story 32 24 16 12 8-inch solid or fully grouted masonry 1-story 16 12 12 12 2-story 29 21 14 12 3-story 42 32 21 16 For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa. a.Where minimum footing width is 12 inches, use of a single wythe 12-inch nominal concrete masonry units is permitted. Amend Section R403.1.1 of the 2013 California Residential Code to read as follows: R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure 403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1. Sp at least 6 inches (152 mm) in thickness, T. Footing projection, mm) and shall not exceed the thickness of the footing. The size of footings su and columns shall be based on the tributary load and allowable s with Table R401.4.1. Delete Figure R403.1(2) and Figure R403.1(3). Delete Section R403.2 in its entirety. 16.06.080 Roof Covering Classification. Amend Section R902.1.3 of the 2013 California Residential Code to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced withi-year period, the entire roof covering of every new structure, and any the alteration, repair or replacement of the roof of every exist a fire- retardant roof covering that is at least Class A. Amend Section R902.1.4 of the 2013 California Residential Code to read as follows: R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, an Council Agenda: November4, 2013 Page: 23 Revision Date: October 29, 2013 213 any roof covering applied in the alteration, repair or replaceme existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R327.5. 16.06.085 Spark Arrestors. In new construction or when alterations, repairs or additions requiring a permit and having a valuation in excess of one thousand dollars occur, all chimneys shall terminate in a substantially constructed spark ar requirements of the 2013 California Residential Code Section R1003.9.2. 16.06.090 Seismic Reinforcing. Amend Section R403.1.3 of the 2013 California Residential Code to read as follows: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D, 0 D and D, as established in Table R301.2(1), shall have minimum reinforc 12 two continuous longitudinal reinforcing bars not smaller than No reinforcement shall be located a minimum of 3 inches (76 mm) clefrom the bottom of the footing. In Seismic Design Categories D, D and D where a construction joint is created between a 012 concrete footing and a stem wall, a minimum of one No. 4 bar sha than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a min mm) into the stem wall. In Seismic Design Categories D, D and D where a grouted masonry stem wall is 012 supported on a concrete footing and stem wall, a minimum of one No. 4 bar installed at not more than 4 feet (1219 mm) on center. The verti inches (76 mm) clear of the bottom of the footing and have a sta In Seismic Design Categories D, D and D masonry stem walls without solid grout and 012 vertical reinforcing are not permitted. Exception: Council Agenda: November4, 2013 Page: 24 Revision Date: October 29, 2013 214 In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. 16.06.100 Intermittent Brace Wall Panel Construction Methods. Amend CRC Section R602.10.4, to add a new footnote e to the end of CRC Table R602.10.3(3), to read as follows: e.In Seismic Design Categories D, D, and D, Method GB is not permitted and the use of 012 Method PCP is limited to one-story single family dwellings and accessory structures. Add the efootnote notation in the title of Table R602.10.1.3(3) to read as follows: TABLE R602.10.3(3) e Add a new subsection R602.10.4.4, to read as follows: R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D, D, and D, 012 Method GB is not permitted for use as intermittent braced wall pboard is permitted to be installed when required by this Section to be of the studs from other types of braced wall panel sheathing. D, D, and D, the use of Method PCP is limited to one-story single family dwellings and 012 accessory structures. SECTION 4. Chapter 16.12 of Title 16 of the Cupertino Municipal Code is her and readopted to read as follows: CHAPTER 16.12 SOILS AND FOUNDATIONS - SUBDIVISIONS 16.12.010 Code Adoption. The ordinance codified in this chapter is enacted pursuant to th 17953 through 17957 of the Health and Safety Code, relating to h requirements of an approved soils report as a condition to the i a building permit. Council Agenda: November4, 2013 Page: 25 Revision Date: October 29, 2013 215 16.12.020 Required. A. A soils report, as described in Section 17953 of the California Code, shall be required of every subdivision as defined in the S State of California (commencing at Section 66401 of the California Government Code) and shall also be required as a condition precedent to the issuance any structure to be built on any lot or subdivision. B.Said soils report may be waived by the Building Official or if the Public Works Director determines that due to the knowledge such department ha of the soil of the subdivision or lot, no analysis is necessary. C. No building permit shall be issued for the construction of any bng or structure on any lot or subdivision subject to this chapter unle preliminary soil report has been filed first with the Building O said report has been waived pursuant to the provisions of this cer or, the corrective action, if any, has been assured. 16.12.030 Report Requirements. The report shall be comprehensive and shall include an analysis A. Stability of all slopes, within the lot (subdivision) or slopes to the area under investigation; B. The classification of all soils for expansion potential; C. The classification of the soils according to the Unified Soils C D. The establishment of design bearing values and anticipated maximm settlements; E. Soil profiles including relevant data to depths which reflect th magnitude of the future loading; F. The presence of rocks or liquids containing deleterious chemical corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate. 16.12.040 Preparation. Council Agenda: November4, 2013 Page: 26 Revision Date: October 29, 2013 216 The soils report shall be prepared by a civil engineer who is re shall be based upon adequate test borings, excavations, or in the case of the letter of review, field observations. 16.12.050 Approval of Report. The preliminary soil report shall be filed with and approved by 16.12.060Conditions for Building Permit. No building permit shall be issued for the construction of any structure on any lot or subdivision subject to this chapter unless or until an approved been filed first with the City Engineer; or said report has been provisions of thischapter or, the corrective action, if any, has been assured. SECTION 5. Chapter 16.16 of Title 16 of the Cupertino Municipal Code is her and readopted to read as follows: CHAPTER 16.16: ELECTRICAL CODE 16.16.010 Code Adoption. The provisions of the 2013 California Electrical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as i chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are inspection. 16.16.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2013 California Electrical Code have been adopted. Council Agenda: November4, 2013 Page: 27 Revision Date: October 29, 2013 217 16.16.020 Article 100 AmendedDefinitions. Article 100 as amended by adding thereto the following: A. Electrical Contractors: For the purpose of this article, an Electrical Contractor shall person holding a valid electrical contractor's license issued by the State of California. B. Journeyman Electrician: A journeyman electrician is an electrician qualified by training and experience to do electrical work in conjunction with new con rework of existing systems. C. Maintenance Electrician: A maintenance electrician in an electrician qualified by training and experience to do the recurring work required to kee condition that it may be utilized at its designated capacity andy, to do repair work or replacement or overhaul of constituent parts or material facility to a condition substantially equivalent to its original efficiency. 16.16.025 Electrical Work. Electrical work shallbe done only by: a. Owner/occupant; b. Electrical contractors who are in compliance with the state lice employees are under the direct supervision of a qualified journe c. General Building Contractor with current B-1 license in conjunction with building permit only; d. Maintenance electrician. 16.16.030 Electrical Fee Schedule. Electrical fees shall be paid to the city as set forth in the la city. 16.16.040 Interpretation. A.The language used in this code, and the California Electrical Co of this code by reference, is intended to convey the common and familiar to the electrical industry. Council Agenda: November4, 2013 Page: 28 Revision Date: October 29, 2013 218 B. The Building Official or his assistants is authorized to determine the intent and meaning of any provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public. 16.16.050 Electrical Maintenance Program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on an person owns or occupies, may designate a qualified electrician a electrician. Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the city additions, or alterations. All such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the payment of fees inspection by the electrical inspector to the same extent as sim persons and for which such inspection is provided. SECTION 6. Chapter 16.20 of Title 16 of the Cupertino Municipal Code is hereby repealed and readopted to read as follows: CHAPTER 16.20: PLUMBING CODE 16.20.010 Code Adoption. The provisions of the 2013California Plumbing Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set fort this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. 16.20.015 Adoption of Appendix Chapters. Council Agenda: November4, 2013 Page: 29 Revision Date: October 29, 2013 219 The following Appendix Chapters from the 2013 California Plumbing Code are hereby adopted: Appendix A: Rules for Sizing the Water Supply System; Appendix B: Explanatory Notes on Combination Waste and Vent Systems; Appendix C: Alternate Plumbing Systems; Appendix D: Sizing Storm Water Drainage Systems; Appendix H: Private Sewage Disposal Systems; Appendix I: Installation Standards; 16.20.020 Name Insertion. The names Cupertino and/or California shall be inserted in t provided therefor in each and every section of such California P wherein either the name of the city or state is left blank. 16.20.080 Condensate Disposals. Amend Section 807.2 of the 2013 California Plumbing Code to read 807.2 Condensate Waste. Condensate from air-cooling coils and comfort cooling equipment not intended to be used for the storage or holding of be collected and discharged to an approved point of disposal accept Official. Termination of such drains shall be made by an air break.Condensate drain lines in sizes 1 1/4" and larger shall be assembled using approved drainaand fittings. Condensate waste water shall not drain over or upon a public way ramp or the like. The waste pipe shall have a slope of not less than 1/8 inch per shall be of approved corrosion-resistant material not smaller than the outlet size as required below for air-cooling coils or condensing fuel-burning appliances, respectfully. Condensate wastes pipes from air-cooling coils shall be sized in accordance with equipment capacity as follows: EQUIPMENT CAPACITY CONDENSATE PIPE DIAMETER Up to 20 tons of refrigeration 3/4 inch Council Agenda: November4, 2013 Page: 30 Revision Date: October 29, 2013 220 21 to 40 tons of refrigeration 1 inch 41 to 90 tons of refrigeration 1-1/4 inch 91 to 125 tons of refrigeration 1-1/2 inch 126 to 250 tons of refrigeration 2 inch The size of condensate waste pipes may be for one unit or a combination of units, o recommended by the manufacturer. The capacity of waste pipes ass-per- foot slope, with the pipe running three-quarters full. Condensate drain sizing for other slopes or other conditions shall be approved by the Building Official. Findings The waste water treatment facilities serving many silicon valley 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 disc pollutants which require treatment before being discharged into ground. SECTION 7. Chapter 16.24 of Title 16 of the Cupertino Municipal Code is her and readopted to read as follows: CHAPTER 16.24: MECHANICAL CODE 16.24.010 Code Adoption. The provisions of the 2013 California Mechanical Code and each and all of the regulations, provisions, conditions and terms of the code is referr this chapter, and is by such reference adopted. Council Agenda: November4, 2013 Page: 31 Revision Date: October 29, 2013 221 One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for publi inspection. 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2013 California Mechanical Code have been adopted. 16.24.020 Name Insertion. The names Cupertino and/or California shall be inserted in the appropriate places provided therefor in each and every section of such California M wherein either the name of the city or state is left blank. 16.24.030 Condensate Wastes. Amend Section 312.1 of the 2013 California Mechanical Code to read as follows: 312.1 Condensate Disposal. Condensate from air cooling coils and comfort cooling equipment not intended to be used for the storage or holding of collected and discharged to an approved point of disposal acceptable to the Building Official. Termination of such drains shall be made by an air break.Condensate drain lines in sizes 1- 1/4 and larger shall be assembled using approved drainage pipe Condensate waste water shall not drain over or upon a public way, sidewalk, ramp or the like. Findings The waste water treatment facilities serving many Silicon Valley near maximum capacity. The discharge of treated waste water into San Francisco Bay is detrimental to its sensitive ecosystems. Cooling coil and comfort cooling equipment condensate waste disc pollutants which require treatment before being discharged into or the ground. Council Agenda: November4, 2013 Page: 32 Revision Date: October 29, 2013 222 SECTION 8. Chapter 16.32 of Title 16 of the Cupertino Municipal Code is her SECTION 9. The Title of Chapter 16.36 of Title 16 of the Cupertino Municipa amended to read as follows: CHAPTER 16.36: RELOCATION OF BUILDINGS SECTION 10. Section 16.36.010 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.010 Definitions. For the purposes of this chapter the following terms, phrases, wheir derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory. A. Building means any structure used or intended for supporting o occupancy. A structure containing less than one hundred and twenty (120) sqloor space shall not fall within this definition; B.Building Official means the Chief Building Official for the Ci C.City means the City of Cupertino; D. Person means any person, firm, partnership, association, corpoation, company or organization of any kind. SECTION 11. Section 16.36.020 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.020 Permit-Required. No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Building Departme Council Agenda: November4, 2013 Page: 33 Revision Date: October 29, 2013 223 SECTION 12. Section 16.36.030 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.030 Permit-Application. A person seeking issuance of a permit hereunder shall file an ap the Building Department: A.Form.The application shall be made in writing, upon forms provided by Department, and shall be filed in the office of the Building Official; B. Contents. The application shall set forth: 1. A description of the building proposed to be moved, giving stree materials, dimensions, number of rooms and condition of exterior and interior, 2. A legal description of the lot from which the building is to be block and tract number, if located in the city, 3. A legal description of the lot to which it is proposed such builbe removed, giving lot, block and tract number, if located in the city, 4. The portion of the lot to be occupied by the building when moved 5. The highways, streets and alleys over, along or across which the be moved, 6. Proposed moving date and hours, 7. Any additional information which the Building Inspector Official shall find necessary to a fair determination of whether a permit should issue; C. Accompanying Papers. 1. Tax Certificate. The owner of the building to be moved shall file with the applic sufficient evidence that the building and lot from which it is t entanglements and that all taxes and any City charges against th 2. Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale si sufficient evidence, that he is entitled to move the building. SECTION 13. Section 16.36.040 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.040 Moving Notice. Council Agenda: November4, 2013 Page: 34 Revision Date: October 29, 2013 224 Upon receiving an application to move an old or previously occup Official shall cause a notice to be posted on the front and rear of the front of the building proposed to be moved. Such notice shall have a title in letters not less than one inch shall give the location of the house by street and number and the name and address applicant desiring a permit to move such building. SECTION 14. Section 16.36.050 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.050 Permit-Issuance-Hearing. After the above described notices have been in place seventy-two hours, excluding Sundays and holidays, and no written protests have been received, the Bu permit subject to all the provisions of this chapter. If any written protests are filed with the Building Department, a time shall be set for a hearing before th not sooner than three days nor later than twenty days from the drotest. The Building Official shall notify the City Council and the othe set for such hearing.No permit shall issue unless the City Council shall deny the pro SECTION 15. Provisions of Section 16.36.055 and 16.36.060 of Chapter 16.36 of Title 16 of the Cupertino Municipal Code remain unchanged. SECTION 16. Section 16.36.070 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.070 Permit-Conditions. Any permit issued under this chapter shall be subject to the followi A. Certificates. No permit shall be issued unless there is first filed a certific signed by the Building Official certifying that he examined the buildingand that it is structurally strong; and unless there is also filed a certificat building on the route proposed will not result in damage of or d B. Locations Outside City. No permit shall be issued to move a building through the city from one location outside the city to another location outside t route to be followed within the city shall be approved by the Bu Council Agenda: November4, 2013 Page: 35 Revision Date: October 29, 2013 225 C. Location Within City from Outside. No permit shall be issued to move a building from a location outside the city to a location inside the city unless t approved, and the route to be followed has been approved by the Inspection fees shall be paid by the applicant in accordance with the requirements regulating building, electrical, plumbing and gas installations. The lot upon which such building is to be moved shall be posted as required for buildingin the city; D. Accessory Building. An accessory building, not over four hundred square feet in area may be moved in conjunction with the moving of a residence from same location without paying an additional fee. SECTION 17. Sections 16.36.080, 16.36.090, 16.36.100, and 16.36.110 of Chap 16 of the Cupertino Municipal Code remain unchanged. SECTION 18. Section 16.36.120 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.120 Person in Charge-Duties. Every person in charge of the moving of any building on or over A. Notify the Fire Department within one-half hour after sunset of the location of the building and the route over which the building is to be moved during the B. Give twenty-four hours written notice to any person responsible for trimming removing wires or the doing of other things necessary to permit over the route designated; C. Maintain red lights at each corner of the building from one-half hour after sunset till one- half hour before sunrise; D. Carry insurance to cover accidents or damage to persons and prop therefor satisfactory to the Building Official; E. Notify the Sheriffs office of the time of moving and the route to be moved. SECTION 19. Section 16.36.130 of Chapter 16.36 of Title 16 of the Cupertino is hereby repealed: Council Agenda: November4, 2013 Page: 36 Revision Date: October 29, 2013 226 SECTION 20. Chapter 16.40 of Title 16 of the Cupertino Municipal Code is her its entirety and replaced with the following Chapter 16.40 in it CHAPTER 16.40: FIRE CODE 16.40.010 Code Adoption. The provisions of the 2013 California Fire Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as i chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official and the Fire Code Official pursuant to Health and Safety Code Section 18 available for public inspection. 16.40.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2013 California Fire Code are hereby adopted. Appendix B: Flow Requirement for Buildings; Appendix C: Fire Hydrant Locations and Distribution; Appendix J: Emergency Responder Radio Coverage; Appendix K: Temporary Haunted Houses, Ghost Walks and Similar Ant Uses. 16.40.020 Administration. Add Section 101.3.1 to the 2013 California Fire Code to read as 101.3.1 Administration. The City Manager, through the powers vested by the City Council, shall have the authority to delegate any and all responsibility for the maintenance and enforcement of the provisions of this Code to whichever legal en interests of the City. Wherever the words "Chief", "Fire Marshal", "fire code official" Prevention Bureau", "Fire Chief" and other such similar words are us refer to such legal entity designated by the City Manager of Cup the City Council of Cupertino. Council Agenda: November4, 2013 Page: 37 Revision Date: October 29, 2013 227 Wherever the words "municipality", "jurisdiction" or "city" are used, they shall mean the City of Cupertino. Wherever the words "Executive Body" are used, they shall mean th Cupertino. Wherever the words "Administrator" or "Executive" are used, they Manager of Cupertino. Wherever the words "District Attorney" or "Corporation Counsel" the City Attorney of Cupertino. Wherever the words "Board of Appeal" are used, they shall mean t Cupertino or the body appointed by the Council to pass on matters pertaining to fire s 16.40.065 Permits. Add Section [A] 105.1.4 to the 2013 California Fire Code to read [A] 105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire hydrant systems, fire extinguishing systems and fire alarm syste Clara County Fire Department in accordance with the following ta valuation shall be limited to the value of the system for which the permit is being issued. Plan review fees are 65% of the Permit Fee amount. For the purposes o amount for each permit, the plan review fee shall be added to th TOTAL VALUATIONS PERMIT FEE $1.00 TO $500.00$23.50 $501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and Council Agenda: November4, 2013 Page: 38 Revision Date: October 29, 2013 228 including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof Additional re-inspections, in connection with the permits above, are to be pai $50.00 for each occurrence at the discretion of the fire code of Add Section [A] 105.1.5 the 2013 California Fire Code to read as [A] 105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows: FACILITY TYPE PERMIT FEE 1. Institutional A. More than 6 persons $75.00 - Annually B. Over 50 persons $100.00 - Annually 2. Day Care Facilities More than 6 clients $35.00 - Annually 3. Places of Assembly A. 50-300 persons $50.00 - Annually B. Over 300 persons $85.00 - Annually 4. Temporary Membrane Structures, Tents and Canopies $85.00 Each (Only those requiring permits inaccordance with Section occurrence 105.6.43). Amend Section [A] 105.6.8 of the 2013 California Fire Code to re [A] 105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NPT) of compressed gases in excess o amounts listed in Table 105.6.8. Council Agenda: November4, 2013 Page: 39 Revision Date: October 29, 2013 229 Exceptions: 1. Vehicles equipped for and using compressed gas as a fuel for pro 2. Inert and simple asphyxiants at or below the amounts listed in Table 105.6.8. Amend Table 105.6.8 of the 2013 California Fire Codeto read as follows: TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES 1 TYPE OF GASAMOUNT cubic feet at NTP 2 Corrosive 200 Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount Inert and simple asphyxiant 6,000 Irritant 200 Moderately toxic 20 Other health hazards 650 Oxidizing (including oxygen) 504 Pyrophoric Any amount Radioactive Any amount Sensitizer 200 Toxic Any Amount Unstable (reactive)Any amount Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional r 1 Cubic feet measured at normal Temperature and pressure. 2 Amend Section 105.6.10 of the 2013 California Fire Code to read as follows: 105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site, use, handle or dispense cryogenic fluids in excess of the or to install a cryogenic vessel or piping system for the storage or distribution of cryogens. Exception: Permits are not required for vehicles equipped for and using cry fuel for propelling the vehicle or for refrigerating the lading. Amend Table 105.6.20 of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 40 Revision Date: October 29, 2013 230 TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIALAMOUNT Carcinogens 10 pounds Combustible liquids See Section 105.6.16 Corrosive materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Cryogens See Section 105.6.10 Explosive materials See Section 105.6.14 Flammable materials: Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 100 pounds Highly toxic materials: Gases See Section 105.6.8 Liquids Any amount Solids Any amount Moderately toxic gas See Section 105.6.8 Organic peroxides: Liquids: Class I-IV Any Amount Liquids: Class V No Permit Required Solids: Class I-IV Any Amount Solids: Class V No Permit Required Oxidizing materials: Gases See Section 105.6.8 Liquids Any amount Solids:Any amount Other health hazards: Liquids 55 gallons Solids 500 pounds Pyrophoric materials: Gases See Section 105.6.8 Liquids Any amount Council Agenda: November4, 2013 Page: 41 Revision Date: October 29, 2013 231 Solids Any amount Radioactive materials: Gases See Section 105.6.8 Liquids See Section 105.6.50 Solids See Section 105.6.50 Toxic materials: Gases See Section 105.6.8 Liquids Any amount Solids Any amount Unstable (reactive) materials: Gases See Section 105.6.8 Liquids Any amount Solids Any amount Water reactive materials: Liquids Any amount Solids Any amount For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a.20 gallons when Table 5003.1.1(1) Note k applies and hazard identif accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b.200 pounds when Table 5003.1.1(1) Note k applies and hazard iden accordance with Section 5003.5 are provided for quantities of 20 Add Section [A] 105.6.48 to the 2013 California Fire Code to reas follows: [A] 105.6.48 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people. Add Section [A] 105.6.49 to the 2013 California Fire Code to rea [A] 105.6.49: Institutional. A permit is required to operate, maintain, or use any institutional type occupancy. For the purpose of this Section, a limited to: hospitals, childrens home, home or institution for persons, home or institution for the care of aged or senile persons, convalescent home, certified family care homes, residential care home placement facilities, halfway house, and day care nurseriesar facility of any capacity. Add Section [A] 105.6.50 to the 2013 California Fire Code to rea Council Agenda: November4, 2013 Page: 42 Revision Date: October 29, 2013 232 [A] 105.6.50 Radioactives. To store or handle at any installation more than one microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or sources, or any amount of radioactive material for which a specific license from Commission. Amend Section [A] 105.7.3 of the 2013 California Fire Code to re [A] 105.7.3 Compressed Gases. A construction permit is required to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A construction permit is required to install, repair dam temporarily out of service, close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, appli shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, least 30 days prior to the termination of the storage, use or ha liquefied gases. Such application shall include any change or alteration of the facility closure plan. This 30-day period may be waived by the chief if there are special circu requiring such waiver. Amend Section [A] 105.7.4 of the 2013 California Fire Code to re [A] 105.7.4 Cryogenic fluids. A construction permit is required for installation of or alteration to cryogenic fluid storage systems where the system c listed in Table 105.6.10. Maintenance performed in accordance wi an alteration and does not require a construction permit. Add Section [A] 106.5 to the 2013 California Fire Code to read a [A] 106.5 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities a access ways have been completed and approved. No final certifica granted until the Fire Department issues notice of final clearan facilities and access ways to the Building Department. 16.40.070 Definitions. Council Agenda: November4, 2013 Page: 43 Revision Date: October 29, 2013 233 The following definitions are added/amended: CARCINOGEN is a substance that causes the development of cancerous growths tissue. A chemical is considered a carcinogen if: 1. It has been evaluated by the International Agency for Research o be a carcinogen or potential carcinogen, or 2. It is listed as a carcinogen or potential carcinogen in the late Report on Carcinogens published by the National Toxicology program, or 3. It is regulated by OSHA as a carcinogen. CONTINUOUS GAS DETECTION SYSTEM.An approved gas detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a c exceed 30 minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes. The gas detection system shall be able to dete below the permissible exposure limit in occupiable areas and at 50 if no established IDLH) in unoccupiable areas. CORROSIVE LIQUID. Corrosive liquid is: 1.any liquid which, when in contact with living tissue, will cause alteration of such tissue by chemical action; 2.any liquid having a pH of 2 or less or 12.5 or more; 3.any liquid classified as corrosive by the U.S. Department of Tra 4.any material exhibiting the characteristics of corrosivity in ac California Code of Regulations §66261.22. DEVICE. Device is an appliance or piece of equipment that plays an active part in the proper functioning of the regulated systems. Examples include, but are not limited to the following: smoke detectors, heat detectors, flame detectors, man alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, con transponders, and other such equipment used to detect, transmit, or respond according to the system design criteria. MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than volume of gas or vapor, when administered by continuous inhalati death occurs within one hour, to albino rats weighing between 200 and 300 grams ea Council Agenda: November4, 2013 Page: 44 Revision Date: October 29, 2013 234 MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, whic vessel before a more stringent category of regulation is applied. The following equ be used to calculate the Max TQ: Max TQ (pounds) = LC50 (ppm) x 2 lb. For gas mixtures containing one or more toxic, highly toxic or mxic components, LC50 shall be calculated using CGA Standards P-20 and P-23 as referenced in Appendix E, Section E103.1.3.1 OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target organs of the body, including but not limited to, thosematerials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrea deprive the body tissue of oxygen or affect reproductive capabil (chromosomal damage) or teratogens (effect on fetuses). SENSITIZER is a chemical that causes a substantial proportion of exposed pe to develop an allergic reaction in normal tissue after repeated WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory proced occurs. Approved or listed hazardous materials storage cabinets, cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire pr devices, and other processing and scientific equipment. 16.40.080 General precautions against fire. Amend Section 311.1 of the 2013 California Fire Code to read as follows 311.1 General. Temporarily unoccupied buildings, structures, premises or portio thereof, including tenant spaces, shall be safeguarded and maint Sections 311.1.1 through 311.4. Section 311.5 of the 2013 California Fire Code is not adopted. 16.40.120 Fire apparatus access roads. Council Agenda: November4, 2013 Page: 45 Revision Date: October 29, 2013 235 Amend Section 503.1 of the 2013 California Fire Code to read as 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.2 and as per Fire Standards. Amend Section 503.2.1 of the 2013 California Fire Code to read a 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates 503.6, and an unobstructed vertical clearance of 13 feet 6 inche Exception: When there are not more than two Group R, Division 3, or Group U occupancies, the access road width may be modified by the fire code official. 16.40.130 Access to buildings and roofs. Add Section 504.5 to the 2013 California Fire Code to read as fo 504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhib emergency access to the building, are installed, such devices shre code official. All electrically powered access control devices shall be provided wi means for deactivation or unlocking from a single location or ot department. Access control devices shall also comply with Chapter 10 Egress. 16.40.140 Hazards to firefighters. Add Section 504.6 to the 2013 California Fire Code to read as fo 504.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the a walked on. Intermediate rails shall be designed and spaced such -inch diameter sphere cannot pass through. Council Agenda: November4, 2013 Page: 46 Revision Date: October 29, 2013 236 Exception: Where the roof opening is greater than 600 square feet in area. 16.40.150 Emergency Responder Radio Coverage. Add Section 510.1.1 to the 2013 California Fire Code to read as follows: 510.1.1 Obstruction by new buildings. When determined that a new structure obstructs the line of sight emergency radio communications to existing buildin the developer of the structure shall provide and install the rad necessary to restore communications capabilities. The equipment shall be located approved space or area within the new structure. 16.40.180 Electrical equipment, wiring and hazards. Add Section 605.11 to the 2013 California Fire Code to read as follows: 605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protectishall be provided. 16.40.190 Stationary storage battery systems. Add Section 608.6.4 to the 2013 California Fire Code to read as follows: 608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage the charging system. 16.40.195 Decorative Vegetation in New and Existing Buildings. Amend Section 806.1.1 of the 2013 California Fire Code to read a Display inside buildings. The display of Christmas trees and other decorative vegetation s be in accordance with the California Code of Regulations, Title 19, Div Sections 806.1 through 806.5. Council Agenda: November4, 2013 Page: 47 Revision Date: October 29, 2013 237 Exceptions: 1.Trees located in areas protected by an approved automatic sprink in accordance Section 903.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2.Trees shall be allowed within dwelling units in Group R-2 occupancies. 16.40.210 Automatic sprinkler systems. Amend Section 903.2 of the 2013 California Fire Code to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildin and structures shall be provided in the locations described in t through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1.In other than residential buildings which require the installati new buildings according to the California Residential Code, an automat system shall be provided throughout all new buildings and struct Exceptions: a.Buildings and structures that do not exceed 1,000 square feet of and that are not located in the Wildland-Urban Interface Fire Area. b.Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area. c.Group S-2 or U occupancies that are not located in the Wildland-Urban Interface and used exclusively for vehicle parking and meeting all of the conditions: i.Noncombustible construction ii.Maximum building area not to exceed 5,000 square feet iii.Structure is open on three (3) or more sides iv.Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. 2.An automatic sprinkler system shall be provided throughout exist structures when alterations or additions are made that create co Sections 903.2.1 through 903.2.18. Council Agenda: November4, 2013 Page: 48 Revision Date: October 29, 2013 238 3.An automatic sprinkler system shall be provided throughout exist structures, when additions are made that increase the building a square feet. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1,000 square feet of building area. 4.An automatic sprinkler system shall be provided throughout all n regardless of size and throughout existing basements that are exthan 50%. 5.Any change in the character of occupancy or in use of any buildi equal to or greater than 3,600 square feet which, in the opinion Building Official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and con degree of life safety or increased fire risk, shall require the installation of an approved 12 fire automatic fire sprinkler system. Life Safety Increased occupant load, public assembly areas, public meeting a 1 churches, indoor amusement attractions, buildings with complex e increased occupant loads, large schools/day-care facilities, large residential care facilities with non-ambulatory; Fire Risks High-piled combustible storage, woodworking operations, hazardous 2 operations using hazardous materials, increased fuel loads (stor highly combustible materials), increased sources of ignition (weomotive repair with the use of flammable liquids and open flames). Amend Section 903.3.1.1 of the 2013 California Fire Code to read as follows: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in with this section, sprinklers shall be installed throughout in a as provided in Section 903.3.1.1.1 and local standards. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group 2. Where future use or tenant is higher density, the sprinkler system shall be augmented to meet Council Agenda: November4, 2013 Page: 49 Revision Date: October 29, 2013 239 16.40.225 Precautions against fire. Add Section 3304.8 to the 2013 California Fire Code to read as follows: 3304.8 Fire Walls. When firewalls are required, the wall construction shall be comp (with all openings protected) immediately after the building is ficiently weather-protected at the location of the wall(s). 16.40.230 Means of egress. Amend Section 3311.1 of the 2013 California Fire Code to read as follows: 3311.1 Stairways Required. Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with at least two u floor decking is installed. The stairways shall be continuous an Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stair occupied buildings shall be lighted and maintained clear of debr at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstruct on not more than two contiguous floor levels for the purposes of installation of gypsum board, painting, flooring, etc.). Add Section 3311.1.1 to the 2013 California Fire Code to read as follows: Section 3311.1.1 Required Means Of Egress. All new buildings under construction shall have at least one unobstructed means of egress. All means of egr prefire plan. See Section 3308.2. 16.40.280 General Requirements Lumberyards and Woodworking Facilities. Add Section 2803.8 to the 2013 California Fire Code to read as f Council Agenda: November4, 2013 Page: 50 Revision Date: October 29, 2013 240 2803.8 Fire Protection Water Supply System. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provide and processing areas. Hydrant systems shall be installed in acco 16.40.300 Definitions Wildland Urban Interface Fire Areas. Amend definition of Wildland-Urban Interface Fire Area as follows: Wildland-Urban Interface Fire Area is a geographical area identified by the state as a Fire Hazard Severity Zone in accordance with the Public Resources Co 4204 and Government Code Sections 51175 through 51189, or other areas designated enforcing agency to be at a significant risk from wildfires. See referenced sections of the Government Code and the Public Resour- Urban Interface Fire Area shall be defined as all areas within th and delineated on the map entitled "Wildland-Urban Interface Fire Area which map and all notations, references, data and other information shown thereon ereby adopted and made a part of this chapter. The map properly attested, shall be on f of the City of Cupertino. 16.40.310 Application. Amend Section 4906.2 of the 2013 California Fire Code to read as follows: 4906.2 Application. Buildings and structures located in the following areas shall ma the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forest as State Responsibility Areas (SRA) including: 1.1. Moderate Fire Hazard Severity Zones 1.2. High Fire Hazard Severity Zones 1.3. Very-High Fire Hazard Severity Zones 2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban Interface Fire Area by the City of Cupertino. 16.40.320 Defensible space. Council Agenda: November4, 2013 Page: 51 Revision Date: October 29, 2013 241 Amend Section 4907.1 of the 2013 California Fire Code to read as follows: 4907.1 General. Defensible space will be maintained around all buildings and structures in Sate Responsibility Area (SRA) as required in Public Resources C Regulations California Code of Regulations, Title 14, Division Section 1270. Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as out 51175 51189 and any local ordinance of the authority having jurisdicti Defensible space shall also be provided around water tank structures, water supply pumps and pump houses. Persons owning, leasing, controlling, operating or maintaining b locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjac buildings or structures, shall at all times: Maintain an effective defensible space by removing and clearing 1. vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures. Exception: Single specimens of trees, ornamental shrubbery or similar plant ground covers, provided that they do not form a means of rapidly from the native growth to any structure. Maintain additional effective defensible space by removing brush 2. and combustible growth located 30 feet to 100 feet (9144 mm to 3 by the fire code official due to steepness of terrain or other cwould cause a defensible space of only 30 feet (9144 mm) to be insufficient. Exception: Grass and other vegetation located more than 30 feet (9144 mm) f buildings or structures and less than 18 inches (457 mm) in heig need not be removed where necessary to stabilize the soil and prevent erosion. Remove portions of trees, which extend within 10 feet (3048 mm) 3. chimney. Council Agenda: November4, 2013 Page: 52 Revision Date: October 29, 2013 242 Maintain trees adjacent to or overhanging a building free of dea 4. Maintain the roof of a structure free of leaves, needles or other dead vegetative gro 5. Remove flammable vegetation a minimum of 30 feet around liquefie 6. tanks/containers. Firewood and combustible materials shall not be stored in unencl 7. buildings or structures, or on decks or under eaves, canopies or ot overhangs. The storage of firewood and combustible material with shall be located a minimum of 30 feet (6096 mm) from structures e crown of trees by a minimum horizontal distance of 15 feet (4572 Exception: Firewood and combustible materials not for consumption on the pr shall be stored as approved by the fire code official. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of non- 8. fire-resistive vegetation growth. Exception: Single specimens of trees, ornamental vegetative fuels or cultiv cover, such as greengrass, ivy, succulents or similar plants use provided they do not form a means of readily transmitting fire. Add Section 4907.2 to the 2013 California Fire Code to read as follows: 4907.2 Corrective Actions. The executive body is authorized to instruct the fire code offic give notice to the owner of the property upon which conditions regulated by Section 490 exist to correct such conditions. If the owner fails to correct body is authorized to cause the same to be done and make the exp lien upon the property where such conditions exists. 16.40.330 Fire protection plan. 4908.1 General. When required by the code official, a fire protection plan shall 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammab conditions and fire history. The plan shall address water supply fire-resistance factors, fire protection systems and equipment, defensible space and vegetation Council Agenda: November4, 2013 Page: 53 Revision Date: October 29, 2013 243 management. 4908.3 Cost. The cost of fire protection plan preparation and review shall be of the applicant. 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official. 16.40.340 Water Supply. Add Section 4909 to the 2013 California Fire Code to read as follows: 4909.1 General. Buildings and structures, or portions thereof, hereafter constru relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection water supplies in accordance with Chapter 5 and Secti Exception: Buildings containing only private garages, carports, sheds and a with a building area of not more than 500 square feet (56 m2). 4909.2 Standby Power. Stationary water supply facilities within the wildland-urban interface area dependent on electrical power to meet adequate water supply standby power systems in accordance with the Electrical Codeto ensure that an uninterrupted water supply is maintained. The standby power source shall be ca for a minimum of two hours. Exceptions: 1. When approved by the code official, a standby power supply is no the primary power service to the stationary water supply facility is under 2. A standby power supply is not required where the stationary wate serves no more than one single-family dwelling. 16.40.350 Ignition source control. 4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area. 16.40.355 General - Hazardous Materials. Council Agenda: November4, 2013 Page: 54 Revision Date: October 29, 2013 244 Amend Section 5001.2.2.2 of the 2013 California Fire Code to read as follows: 5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health h hazard. 1.Highly toxic and toxic materials. 2.Corrosive materials. 3.Moderately toxic gas. 4.Other health hazards. 16.40.360 General requirements - Hazardous Materials. Add Section 5003.1.3.1 to the 2013 California Fire Code to read as follows: 5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used o Materials. The storage, use and handling of toxic, highly toxic and moderately toxic gas amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is ur vapor shall be in accordance with the requirements for toxic, hi gases. Add Section 5003.1.5 to the 2013 California Fire Code to read as follows: 5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers feet for gases, 55 gallons for liquids and 5,000 pounds for soli this Section 5003. Add Section 5003.1.6 to the 2013 California Fire Code to read as follows: 5003.1.6 Spill Control and Secondary Containment Requirements. A containment system shall be required for all hazardous materials, which are liquids temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the envir be substantial, capable of safely and securely containing a sudd Design criteria shall be performance oriented and constructed of physica compatible materials to resist degradation and provide structura period of time reasonably necessary to ensure detection, mitigatair of the primary Council Agenda: November4, 2013 Page: 55 Revision Date: October 29, 2013 245 system. Regardless of quantities, spill control and secondary containment shall also comply with Section 5004.2. Amend Section 5003.2.2.1 of the 2013 California Fire Code to read as follows: 5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the fol 1. Piping, tubing, valves, fittings and related components shall be from materials compatible with the material to be contained and shall be of adequate strengt and durability to withstand the pressure, structural and seismic they are subject. 2. Piping and tubing shall be identified in accordance with ASME A1.1 and Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazar Hazardous Waste to indicate the material conveyed. 3. Readily accessible manual valves or automatic remotely activated-safe emergency shutoff valves shall be installed on supply piping and tubing at the f a. The point of use. b. The tank, cylinder or bulk use. 4. Manual emergency shutoff valves and controls for remotely activa shutoff valves shall be identified and the location shall be clearl indicated by means of a sign. 5. Backflow prevention or check valves shall be provided when the b materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4 Flammability Class 4 Reactivity Class 4 in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak det and excess flow control shall be provided. Where the piping originates from within a Council Agenda: November4, 2013 Page: 56 Revision Date: October 29, 2013 246 hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow shall be located as close to the bulk source as practical. Exception: a. Piping for inlet connections designed to prevent backflow. b. Piping for pressure relief devices. 7. Secondary containment or equivalent protection from spills shall for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2and 6004.3.Secondary containment includes, but is not limited to double walled piping. Exception: 1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials. 2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm a fail-safe-to-close valve activated by a loss of vacuum. 8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulate Amend Section 5003.2.2.2 of the 2013 California Fire Code to read as follows: 5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materi Supply piping and tubing for gases and liquids having a health hazard r accordance with ASME B31.3 and the following: 1. Piping and tubing utilized for the transmission of toxic, highly corrosive liquids and gases shall have welded or brazed connecti connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the mater 2. Piping and tubing shall not be located within corridors, within of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies. Exception: Piping and tubing within the space defined by the walls of corri floor or roof above or in concealed space above other occupancies when installed in Council Agenda: November4, 2013 Page: 57 Revision Date: October 29, 2013 247 accordance with Section 415.10.6.4 of the California Building Code as required for Group H, Division 5 Occupancies. 3. All primary piping for toxic, highly toxic and moderately toxic leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testin with an approved, nationally recognized standard. Tests shall be "third party" not involved with the construction of the piping asystems. Amend Section 5003.3.1 of the 2013 California Fire Code to read as follows: 5003.3.1 Unauthorized Discharges.When hazardous materials are released in quantities reportable under state, federal or local regulations or when these or a threatened release that presents a threat to health, property or the enviro be notified immediately in an approved manner and the following accordance with Sections 5003.3.1.1 through 5003.3.1.4. Add Section 5003.5.2 to the 2013 California Fire Code to read as follows: 5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the materiad the direction of flow. Add Section 5003.5.3 to the 2013 California Fire Code to read as follows: 5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required. Add Sec. 5003.9.11 of the 2013 California Fire Code to read as follows: 5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an appr extinguishing system in accordance with Section 2703.10. Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in cabinet do not exceed 500ml. Council Agenda: November4, 2013 Page: 58 Revision Date: October 29, 2013 248 16.40.365 Storage - Hazardous Materials. Amend Section 5004.2.1 of the 2013 California Fire Code to read as follows: 5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spi of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the large following methods: 1.Liquid-tight sloped or recessed floors in indoor locationsor similar areas in outdoor locations. 2. Liquid-tight floors in indoor locations or similar areas provided with -tight raised or recessed sills or dikes. 3. Sumps and collection systems. 4. Other approved engineered systems. Except for surfacing, the floors, sills, dikes, sumps and collection systems constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system. Amend Section 5004.2.2 of the 2013 California Fire Code to read as follows: 5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings, rooms or areas used for the storage of hazardous materials liqui with secondary containment in accordance with this section. Delete Table: 5004.2.2 REQUIRED SECONDARY CONTAINMENT FOR HAZARDOUS MATERIAL SOLIDS AND LIQUIDS STORAGE Amend Section 5004.2.2.2 of the 2013 California Fire Code to rea 5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems. 16.40.370 General Explosives and Fireworks. Council Agenda: November4, 2013 Page: 59 Revision Date: October 29, 2013 249 Amend Section 5601.1 of the 2013 California Fire Codeto read as follows: 5601.1 Scope. For explosives requirements see California Code of Regulations, Division 1, Chapter 10 and Section 5601.2 of this Chapter. For fireworks requirements see California Code of Regulations, Title 19, Division 1, Chapter 6 5601.3 of this Chapter. For small arms ammunition, see Section 5601.5 of this chapter. Exception: 1. The armed Forces of the United States, Coast Guard or National Guard. 2. Explosives in forms prescribed by the official United States Pha 3.The use of explosive materials by federal, state and local regul and fire agencies acting in their official capacities. 4. Items preempted by federal regulations. Add Section 5601.2 to the 2013 California Fire Code to read as follows: 5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited. Add Section 5601.3 to the 2013 California Fire Code to read as follows: 5601.3 Fireworks.The possession, manufacture, storage, sale, handling, and use of including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited. Exception: 1. Storage, handling and use of fireworks and pyrotechnic special e buildings when used for public or proximate audience displays, motion picture, televn, theatrical and group entertainment productions and when in accor California Code of Regulations. 2. Storage, handling and use of pyrotechnic special effects firewor when used for proximate audience displays or special effects in theatrical, television, motion picture and group entertainment productions when in accordance w California Code of Regulations and when in buildings equipped th fire sprinkler system. Add Section 5601.4 to the 2013 California Fire Code to read as follows: 5601.4 Rocketry. The storage, handling, and use of model rockets shall be in acco with Title 19 of the California Code of Regulations and as approe Official. Council Agenda: November4, 2013 Page: 60 Revision Date: October 29, 2013 250 Add Sections 5601.5 through 5601.5.3.2.3to the 2013 California Fire Code to read as follows: 5601.5 Small Arms Ammunition-General. Indoor storage and display of black powder, smokeless propellants and small arms ammunition shall comply with Sections 5601.5.1 through 5601.5.4.2.3. 5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping conta conforming to DOTn 49 CFR, Part 173. 5601.5.1.1Repackaging.The bulk repackaging of smokeless propellants, black powder and small arms primers shall not be performed in retail establishmen 5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged. Exception: Approved repackaging of damaged containers of smokeless propella containers of the same type and size as the original container. 5601.5.2 Storage in Group R occupancies.The storage of small arms ammunition in Group R occupancies shall comply with Sections 5601.5.2.1 through 5601.5.2.3. 5601.5.2.1 Smokeless propellants.Smokeless propellants intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted to be st-3 occupancies where kept in original containers.Smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3 occupancies where kept in a wooden box or cabinet having walls of at least 1 thickness. 5601.5.2.2 Black powder. Black powder intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept in original containers and stored in a wooden box or cabinet having mm) nominal thickness 5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in Group R-3 occupancies. 5601.5.3 Display and storage in Group M occupancies. The display and storage of small arms ammunition in Group M occupancies shall comply with Section5601.5.3.1 through 5601.5.3.2.3. Council Agenda: November4, 2013 Page: 61 Revision Date: October 29, 2013 251 5601.5.3.1 Display. The display of small arms ammunition in Group M occupancies shal comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3. 5601.5.3.1.1 Smokeless propellant.No more than 20 pounds (9 kg) of smokeless propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be disp occupancies. 5601.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be displayed in Group M occupancies. 5601.5.3.1.3Small arms primers.No more than 10,000 small arms primers shall be displayed in Group M occupancies. 5601.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies shal comply with Sections 5601.5.3.2.1 through 5601.5.3.2.3. 5601.5.3.2.1 Storage of Smokeless propellant.Commercial stocks of smokeless propellants not on display shall not exceed 100 pounds (45 kg). Quantities e not exceeding 100 pounds (45 kg) shall be stored in portable woo least 1 inch (25 mm) nominal thickness. 5601.5.3.2.2 Black powder.Commercial stocks of black powder not on display shall not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor and smokeless propellants are stored together in the same magazine, the total quantity shall not exceed that permitted for black powder. 5601.5.3.2.3 Small arms primers.Commercial stocks of small arms primers not on display shall not exceed 750,000. Storage shall be arranged such that not more than 100,000 small arms primers are stored in any one pile and piles are at least 15 fee 16.40.380 Establishment of limits of districts in which storage aboveground tanks is prohibited. The limits referred to in Section 5704.2.4.4 of the California Fi of flammable or combustible liquids in aboveground tanks is proh as all locations of the City of Cupertino that are residential ongested commercial areas as determined by the Fire Code Official. Council Agenda: November4, 2013 Page: 62 Revision Date: October 29, 2013 252 16.40.385 Storage Flammable and Combustible Liquids. Amend section 5704.2.7.5.8 of the 2013 California Fire Code to read as follows: 5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 5704.2.9.6.6 shall be provided to prevent the overfill of all Cl tanks.Storage tanks in refineries, bulk plants or terminals regulated 5706.7 shall have overfill protection in accordance with API 2350. An approved means or method in accordance with Section 5704.2.9. prevent the overfilling of Class IIIB liquid storage tanks conne-burning equipment inside buildings. Exception Deleted Add section 5704.2.7.5.9 to the 2013 California Fire Code to read as follows: 5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that sends an alarm signal to a constantly attended lo filling of the tank. The alarm signal and automatic shutoff shall be tested on an ann and records of such testing shall be maintained on-site for a period of five (5) years. 16.40.390 Establishment of limits of districts in which storage outside aboveground tanks is prohibited. The limits referred to in Section 5704.2.9.6.1 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is proh as all locations of the City of Cupertino that are residential o determined by the Fire Code Official. 16.40.400 Establishment of limits of districts in which the sto flammable cryogenic fluids are to be prohibited. The limits referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibite locations of the City of Cupertino which are residential and con determined by the fire code official. Council Agenda: November4, 2013 Page: 63 Revision Date: October 29, 2013 253 16.40.410 General Highly toxic and toxic materials. Add Sec. 6001.3 of the 2013 California Fire Code to read as follows: 6001.3 Moderately Toxic Gases With a LC Equal To Or Less Than 3000 Parts Per Million. 50 Notwithstanding the hazard class definition in Section 6002, moderately toxic gases with an LC less than 3000 parts per million shall additionally comply with 50 gases in Section 6004 of this code. 16.40.430 Highly toxic, toxic and moderately toxic gases includ refrigerants. Add Section 6004.1.4to the 2013 California Fire Code to read as follows: 6004.1.4AutomaticShut-Off Valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highlyy of the following: 1.Activation of a manual fire alarm system. 2.Activation of the gas detection system. 3.Failure of emergency power. 4.Failure of primary containment. 5.Seismic activity. 6.Failure of required ventilation. 7.Manual activation at an approved remote location. Add Section 6004.1.5 to the 2013 California Fire Code to read as follows: 6004.1.5 Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or otitoring station, which is continually staffed by trained personnel. Add Section 6004.1.6to the 2013 California Fire Code to read as follows: 6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control a Council Agenda: November4, 2013 Page: 64 Revision Date: October 29, 2013 254 shall comply with the additional requirements for highly toxic g code. Moderately toxic gases stored or used in quantities exceeding th quantity in a single vessel per control area or outdoor control are additional requirements for toxic gases of Section 6004 of this Add Section 6004.1.7 to the 2013 California Fire Code to read as follows: 6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containin Highly Toxic material and having a vapor pressure exceeding 29 p reduced flow valve when available. If a reduced flow valve is no shall be used with a flow-limiting device. All flow limiting devices shall be part of the assembly and visible to the eye when possible; otherwise, they s possible to the cylinder source. Add Section 6004.1.8 to the 2013 California Fire Code to read as follows: 6004.1.8 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, accordance with Section 5004.5. Add Section 6004.1.9 to the 2013 California Fire Code to read as follows: 6004.1.9 Local Gas Shut Off. Manual activation controls shall be provided at locations near t point of use and near the source, as approved by the fire code o may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design. Add Section 6004.1.10 to the 2013 California Fire Code to read as follows: 6004.1.10 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be pr required exhaust ventilation rate is maintained. The monitoring stem shall initiate a local alarm. The alarm shall be both visual and audible and shall be d both inside and outside of the interior storage, use, or handlin Council Agenda: November4, 2013 Page: 65 Revision Date: October 29, 2013 255 Add Section 6004.1.11 to the 2013 California Fire Code to read as follows: 6004.1.11 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons s prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other l file a copy of the plan with the fire code official. Add Section 6004.1.12 to the 2013 California Fire Code to read as follows: 6004.1.12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall official in accordance with appropriate nationally recognized inandards and practices, if any. Appropriate remedial action shall be immediately underta Add Section 6004.1.13to the 2013 California Fire Code to read as follows: 6004.1.13 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to provided the gases are compatible. Purge gas systems inside buil approved gas cabinet unless the system operates by vacuum demand. Add Section 6004.1.14to the 2013 California Fire Code to read as follows: 6004.1.14 Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC less than 3000 parts per million upon a seismic event within 5 s 50 of a horizontal sinusoidal oscillation having a peak acceleratio) and a 2 period of 0.4 seconds. Amend Section 6004.2 of the 2013 California Fire Code to read as follows: 6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Se 6004.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately to indoor storage and use are set forth in Table 6004.2. Add Table 6004.2 to the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 66 Revision Date: October 29, 2013 256 Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 6004.2.1 of the 2013 California Fire Code to read as follows: 6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases sh 6004.2.1.1 through 6004.2.1.3. Amend Sec. 6004.2.1.1of the 2013 California Fire Code to read as follows: 6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control The indoor storage or use of highly toxic, toxic and moderately exceeding the maximum allowable quantity per control area set fo in accordance with Sections 5001, 5003, 6001, 6004.1 and 6004.2. Amend Sec. 6004.2.2 of the 2013 California Fire Code to read as follows: 6004.2.2 General Indoor Requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3. Moderately toxic gases with an LCless than 3000 parts per million shall comply with the 50 requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.3. All other moderately toxic gases exceeding the threshold quantit requirements for toxic gases in Sections 6004.2.2.1 through 6004 Amend Sec. 6004.2.2.7 of the 2013 California Fire Code to read as follows: 6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms and local exhaust systems required in S 6004.2.2.5 shall be directed to a treatment system. The treatme to handle the accidental release of gas and to process exhaust vent shall be designed in accordance with Sections 6004.2.2.7.1 throu of the California Mechanical Code. Council Agenda: November4, 2013 Page: 67 Revision Date: October 29, 2013 257 Exceptions: 1.Highly toxic, toxic and moderately toxic gases storage. A treatment system is required for cylinders, containers and tanks in storage when all provided: 1.1.Valve outlets are equipped with gas-tight outlet plug or caps. 1.2.Hand wheel-operated valves have handles secured to prevent movement. 1.3.Approved containment vessels or containment systems are provided accordance with Section 6004.2.2.3. Amend 6004.2.2.10.2 of the 2013 California Fire Code to read as follows: 6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide war the area where the gas is detected. The audible alarm shall be distinct f Amend Section 6004.3 of the 2013 California Fire Code to read as follows: 6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.3.4. The threshold quantity for highly toxic, toxic and mo storage and use are set forth in Table 6004.3. Add Table 6004.3 of the 2013California Fire Code to read as follows: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxi Outdoor Storage and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 6004.3.1 of the 2013 California Fire Code to read as follows: 6004.3.1 Applicability. The applicability of regulations governing the outdoor storage a of highly toxic, toxic, and moderately toxic compressed gases sh 6004.3.1.1 through 6004.3.1.3. Amend Section 6004.3.1.1 of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 68 Revision Date: October 29, 2013 258 6004.3.1.1 Quantities Not Exceeding The Maximum Allowable Quanti The outdoor storage or use of highly toxic and toxic gases in amshold quantity per control area set forth in Table 6004.3 shall be in 5003, 6001, 6004.1, and 6004.3. Moderately toxic gases with an LC50 less than 3000 parts per mil threshold quantity in Table 6004.3 shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3. Moderately toxic gases in amounts exceeding the threshold quanti comply with the requirements for toxic gases in Sections, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.5. Amend Section 6004.3.3of the 2013 California Fire Code to read as follows: 6004.3.3 Outdoor Storage Weather Protection For Portable Tanks a. Weather protection in accordance with Section5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhaus storage area shall be equipped with an approved automatic sprink with Section 5004.5. 16.40.435 Establishment of limits in which storage of liquefied petroleum prohibited. The limits referred to in Section 6104.2 of the California Fire liquefied petroleum gas is restricted, are hereby established asns of the City of Cupertino that are residential or congested commercial areas. Exception: LPG may be used for industrial operations or when natural gas wo provide a viable substitute for LPG. Portable containers for temking uses may be permitted if stored and handled in accordance with t commercial areas for refueling portable or mobile LGP containers code official on a case by case basis. 16.40.440 Use -Silane Distribution systems automatic shutdown. Add Section 6405.3.1 to the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 69 Revision Date: October 29, 2013 259 6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system f SECTION 20. The Title of Chapter 16.54 of Title 16 of the Cupertino Municipa amended to read as follows: CHAPTER 16.54: ENERGY CODE SECTION 21. Section 16.54.010 of Chapter 16.54 of Title 16 of the Cupertino is hereby amended to read as follows: 16.54.010 Code Adoption. The provisions of the2013 California Energy Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as i chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are made availa SECTION 22. All other provisions of Chapter 16.54 of Title 16 of the Cuperti Code remain unchanged. SECTION 23. The Title of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED SECTION 24. Section 16.58.010 of Chapter 16.58 of Title 16 of the Cupertino is hereby amendedto read as follows: Council Agenda: November4, 2013 Page: 70 Revision Date: October 29, 2013 260 16.58.010 Code Adoption. The provisions of the 2013 California Green Building Standards C regulations, provisions, conditions and terms of the code is ref this chapter,and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t Health and Safety Code Section 18942(d)(1) and is made available SECTION 25. Section 16.58.015 of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2013 California Green Building Sta adopted. SECTION 26. Section 16.58.040 of Chapter 16.58 of Title 16 of the Cupertino is hereby amended to read as follows: 16.58.040 Local Amendments. The following provisions of this Chapter shall constitute local - referenced provisions of the 2013 California Green Building Standards Code and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions forth in this Chapter. SECTION 27. Section 16.58.100 of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: 16.58.100 Section 101.10Amended. Amend Section 101.10 to read as follows: Council Agenda: November4, 2013 Page: 71 Revision Date: October 29, 2013 261 101.10 Mandatory requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as the City of Cupertino. All new buildings and structures, additio improvements subject to requirements in Table 101.10 shall compl measures of the 2013 California Green Building Standards Code as adop addition to local amendments included in this code, regardless o unless specifically exempted by this code. SECTION 28. All other provisions of Chapter 16.58 of Title 16 of the Cupertino Municipal Code remain unchanged. INTRODUCED at a regular meeting of the Cupertino City Council the ____ day ___________ 2013 and ENACTED at a regular meeting of the Cupertino City Council on this ____ of __________ 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________________ ___________________________________ Grace Schmidt, Orrin Mahoney, City Clerk Mayor Council Agenda: November4, 2013 Page: 72 Revision Date: October 29, 2013 262 RESOLUTION NO. ____________ 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 2013 CALIFORNIA STATE BUILDING STANDARDS CODE. WHEREAS, the City Council of the City of Cupertino, intends to pass an or adopting the California Building Standards Code which consists o California Building Code, Plumbing Code, Mechanical code, Electr97 Uniform Housing Code, and making modifications and changes there WHEREAS, the California Health and Safety Code Sections 17958, 17958.5 an require the governing body of a city, before making any modifica Building Standards Code, to make an express finding that such mo reasonably necessary because of local climatic, geological or to WHEREAS, as more specifically set forth in the memorandum of Albert Salvador, the Citys Building Official, a departure from the Building Standard due to local climatic, geological, or topographical conditions; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CUP 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 c near a vast array of fault systems capable of producing major ea but not limited to the recent 1989 Loma Prieta Earthquake; 263 B.Cupertino is situated adjacent to active earthquake faults capab 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 in the event of an earthquake; C.Vehicular traffic through Cupertino is significant, and continue Cupertino is an employment center as well as the location of resid D.Cupertino is divided by major freeways and expressways, the occu earthquake could impact the ability of fire crews to respond to or more of the freeways or expressways collapse, be substantially dam gridlocked; E.Fire suppression capabilities would be severely limited should t damaged during an earthquake; F.Cupertino experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conduci and spread of grass, brush and structural fires; G.Cupertinos topography contains remote, steep hillsides which fu of emergency responders to extinguish or control wildland or stru H.The local geographic, topographic and climatic conditions requir California Codes to establish more restrictive conditions to imp of the buildings in the event of a seismic incident and provide oth protect against the increased risk of fire. 2.The City Council hereby finds the following facts from prior exc continue to be true: The waste water treatment facilities serving Silicon Valley cities are operating A. maximum capacity. The discharge of treated waste water into San detrimental to its sensitive ecosystem; and 264 Cooling coil and comfort cooling equipment condensate waste discharge does not B. contain pollutants which require treatment before being discharg or the ground. 3.Based on the above facts, the City Council makes the following finding local geographic, topographic and climatic conditions require amendments to the California Codes to establish more restrictive conditions to imp of the buildings in the event of a seismic incident, provide oth against the increased risk of fire, and protect the San Francisco Bay as more specifically set forth in the memorandum from Albert Salvador, the Citys 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. AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________________ ___________________________________ Grace Schmidt, Orrin Mahoney, City Clerk Mayor 265 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 adopt Chap 16.02 X This section previously existed in the Municipal Code. Only a r 16.04.010 X made to reference the 2013 California Building Code. This section previously existed in the Municipal Code. This section modifies CBC by adopting specific appendix chapters in the code. Only a 16.04.015 X made to reference the 2013 California Electrical Code. The 2013 Referenced Standards Code is also included in this adoption cycle. 16.04.020 & These sections were moved to the new Administrative Chapter (16. X 16.04.030 Municipal Code. Regulations for proper address identification already exist in t The CBC, however, also has regulations regarding address identif 16.04.050 X adoption and revisions to Section 501.2 referenced in the Munici 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. Regulations previously existed in the Municipal Code. Per City 16.04.070 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 regulatio 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. X 16.04.160 Municipal Code. The reference change to the 2013 Code is made. Also, per City A 16.04.340 X the actual code language is added into the Municipal Code. This section is omitted in new ordinance because these regulatio 16.04.350 ADOPTED PER CODE in the referenced ASCE standards. ASCE 7-05 is adopted by reference throughout 266 Chapter 16 of the CBC. The reference change to the 2013 Code is made. Also, the code s 16.04.360 X number is changed due to its change in the 2013 CBC. No change to the requirements of this section, however, the CBC referenced sections 16.04.370 X were changed due to the change in the new code. The swimming pool regulations in CBC Section 3109 is adopted to the State Code and to be more uniform with surrounding jurisdict 16.04.400 16.32 is now omitted from the Municipal Code, however, certain sections of X chapter that are not addressed in the CBC are placed in this new 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 sec 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 con 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. X Attorneys request, the actual code language is added into the M 16.06.070 & No change other than minor reference changes were made to be consis X 16.06.080 2013 California Code. This section regulating spark arrestors was originally in the Cu 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 th introduced in the last code cycle, is included here for referenc 16.06.090 B X This proposed amendment to the CRC is made to be consistent with TUCC amendment which that modifies the plain concrete provisions in C 1905.1.8 and ACI 318 Section 22.10.1. This amendment existed in the previous Municipal Code. Only a r made to be consistent with the new section and table in the 2013 16.06.100 X B amendment modifies the CBC and CRC to limit the use of gypsum wa Portland cement or stucco as shearwalls. Chap 16.12 A Because this chapter specifically relates to subdivisions, the tX 267 added to the title for clarity. Appeals section of Chapter 16.12 is now referenced in the Admini 16.02. This section previously existed in the Municipal Code. Only a r made to reference the 2013 California Electrical Code. This section also modifies the California Electrical Code by ado Chap 16.16 X appendix chapters in the code. Appeals section of Chapter 16.16 is now referenced in the Admini 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 sec CBC by adopting specific appendix chapters in the code. A reference change is made to reference the 2013 California Plumbing Code. Also, Alte 16.20.015 X Systems Appendix is moved to Appendix C and Private Sewage Dispo moved to Appendix H to be consistent with the new code. The app Graywater 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 ref 16.20.080 C X minor clarifications are made to reference the 2013 California Plumbing Code. 16.20.100, These sections were moved to the new Administrative Chapter (16. 16.20.110, & Municipal Code. X 16.20.120 This section previously existed in the Municipal Code. Only a rchange is 16.24.010 X made to reference the 2013 California Mechanical Code. A This section previously existed in the Municipal Code. This sec 16.24.015 CBC by adopting specific appendix chapters in the code. Only a 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 ref 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. A X 16.24.070, & Municipal Code. 268 16.24.080 Chapter is removed in its entirety. The Swimming Pool requiremesection is Chap 16.32 added to Section 16.04.400 of the Municipal code and referenced X 3109 of the 2013 California Building Code. Definition of Building is revised to be consistent with the 20 16.36.010 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) 16.36.130 X Code. Due to the extensive code section changes to the 2013 Californiathe entire Chap 16.40 Chapter (Chapter 16.40) is being repealed and replaced in its en 16.40.010 This section previously existed in the Municipal Code, however, X revised to be more consistent with the remainder of the code. This section previously existed in the Municipal Code. This sec CBC by adopting specific appendix chapters in the code. A refer made to reference the 2013 California Fire Code. The new Append Code is adopted. 16.40.015 X Fire agencies in Santa Clara County wrote this standard several been enforcing this. The International Fire Code took this stand the code. We are adopting the new Appendix, but again have used 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 compressedX 269 cryogenic fluids. In previous edition adoption, the construction were imbedded in the operational permits. This is not new, but Also, added operational permit for radioactives. This was missed from the UFC to IFC adoption process. It is part of the Cupertin 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 defin X located in Chapter 2. The reference change to the 2013 Code is made. Fire Code Sectio 16.40.080 X adopted by the Fire Prevention Officers. 16.40.090 & Chapter 4 of the CFC was not adopted by the Fire Prevention Offi X 16.40.100 16.40.110 This section was just a title reference and omitted from new ord Remove amendment to Section 503.1.1 to be consistent with code language as 16.40.120 recommended by Fire Prevention Officers. Also, Traffic Calming removed as an amendment because it was added to the Fire Code (C 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 coverag 16.40.150 buildings to be consistent with code language as recommended by X Officers. 16.40.160 This section was just a title reference and omitted from new ordinanc 16.40.180, & No changes made. No changes made. 16.40.190 Exceptions were removed from previous Municipal Code and added b 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 cons the public at large. Item #1 has been reworded to specifically r 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 ord 16.40.225 & Reference changes were made to be consistent with the 2013 Calif X 16.40.230 Code. 16.40.240 & Definitions are moved to section 16.40.070 (Chap 2) to follow co X 270 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 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 16.40.355 through 16.40.365. 16.40.300, 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 t 16.40.330 Interface Fire Area section other than items were removed that a sections of the 2013 California Fire Code. 16.40.340 Reference changes were made to be consistent with the 2013 Calif 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 16.40.650 Chap 16.54 & Reference changes were made to be consistent with the 2013 CalifCode X Chap 16.58 and Green Building Standards Code 271 KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORN A This amendment is necessary for administrative clarification andealth and Safety Code Sections 17958. This amendment establishes administrative standg standards throughout the City of Cupertino. B 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 amendm Engineers Association of Southern California (SEAOSC) and the Loeles City Joint Task Force that investigated the poor performanc under-reinforced concrete footings observed in 1994 Northridge earthqu 1. The San Francisco Bay area is densely populated and located of high seismic activity. Cupertino is bounded by the Hayward a Andreas faults capable of producing major earthquakes. 2. Concern for fire-life safety associated with a structural failure due to a seismif buildings in the region, the use of new structural systems, the poor performance of certain m 3. Severe seismic events could disrupt communications, damage gce extreme demands on the limited and widely dispersed resources of the Fire Department to meet th-safety needs of the community. 4. The local geographic, topographic and climatic conditions ponitude and severity of potential fires in the City of Cupertino, and may cause a delayed response from eme C The waste water treatment facilities serving many silicon valley 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 w sanitary sewers or the ground. 272 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER16OF THE CUPERTINO MUNICIPAL CODE ADDING CHAPTER 16.02 AND ADOPTING THE 2013 CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, ELECTRICAL CODES, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS, MODIFICATIONS, AND ADDITIONS WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 and Safety Code, the City of Cupertino may adopt the provisions of the California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building Green Building Standards Code and International Existing Buildin amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of Cupertino because of the local cli, and topographical conditions; and WHEREAS, over the years, the City Council made factual findings n respective sections of Chapter 16 of the Cupertino Municipal Code relating California codes; and WHEREAS, the factual findings made then continue to be valid and rela made to the California codes in this adoption; and WHEREAS, in addition to those findings set forth in the provisio Code, on November 4, 2013, the City Council adopted a resolution with respect to the local geological, topographical, and climate conditions including, but not limited to, the following: 1)The Bay Area region is a densely populated area with buildings constructed over and near a vast array of fault systems capable of producing majo including, but not limited to the recent 1989 Loma Prieta Earthquake; 2)Cupertino is situated adjacent to active earthquake faults capab 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 Cupertino in the event of an earthquake; Council Agenda: November4, 2013 Page: 1 Revision Date: October 29, 2013 273 3)Vehicular traffic through Cupertino is significant, and continue Cupertino is an employmentcenter as well as the location of residential projects; 4)Cupertino is divided by major freeways and expressways, the occurrence of a major earthquake could impact the ability of fire crews to respond to one or more of the freeways or expressways collapse, be substantially damaged, or become gridlocked; 5)Fire suppression capabilities would be severely limited should t damaged during an earthquake; 6)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; 7)Cupertinos topography contains remote, steep hillsides which fu ability of emergency responders to extinguish or control wildland or structural fires; and 8)The local geographic, topographic and climatic conditions requir the California Codes to establish more restrictive conditions to integrity of the buildingsin the event of a seismic incident and provide other protections to protect against the increased risk of fire. WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of the California Environmental Quality Act of 1970, as amended, 14 California Code of Regulations, Section 15061(b)(3); and WHEREAS, the City Council of the City of Cupertino is the decisi-making body for this Ordinance; and WHEREAS, this Council has reviewed and considered the Statement ption determination under CEQA prior to taking any approval actions on NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CUPE SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended to add Chapter 16.02 to read as follows: Council Agenda: November4, 2013 Page: 2 Revision Date: October 29, 2013 274 CHAPTER 16.02: ADMINISTRATIVE CODE Section 16.02.010 Purpose. 16.02.020 Definitions 16.02.030 Scope. 16.02.040 General. 16.02.050 Applications and permits. 16.02.060 Notices and orders. 16.02.070 Inspections. 16.02.080 Identification. 16.02.090 Right of Entry. 16.02.100 Department records. 16.02.110 Liability. 16.02.120 Approved materials and equipment. 16.02.130 Used materials and equipment. 16.02.140 Modifications. 16.02.150 Alternate materials, design and methods of construction and equipment. 16.02.160 Research Reports. 16.02.170 Permit Required. 16.02.180 Time limitation of application. 16.02.190 Validity of permit. 16.02.200 Expiration. 16.02.210 Suspension or revocation. 16.02.220 Placement of permit. 16.02.230 Responsibility of permittee. 16.02.240 Fees. 16.02.250 Inspections. 16.02.260 Certificate of Occupancy. 16.02.270 Board of Appeals. 16.04.280 Violations. 16.04.290 Stop Work Order. 16.04.300 Penalty. 16.02.010 Purpose. The purpose of this title is to establish the minimum requirements to safeguard to public health, safety and general welfare through structural str Council Agenda: November4, 2013 Page: 3 Revision Date: October 29, 2013 275 facilities, stability, sanitation, adequate light and ventilatio safety to life and property from fire and other hazards attributed to the b and to provide safety to fire fighters and emergency responders during emergency operations. This title provides for the administration and enforcement of the building, residential, plumbing, mechanical, electrical, fire prevention, energy, housing, green building, building conservation and historical codes adopted by the City of Cupertino. 16.02.020 Definitions. For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory. A. Building means any structure used or intended for supporting o use or occupancy. A structure containing less than one hundred and twenty (120) square feet of floor space shall not fall within this definition B. Building Official means the Chief Building Official for the Ciof Cupertino or designee; C. City means the City of Cupertino; D. Person means any person, firm, partnership, association, corporation, company or organization of any kind. 16.02.030 Scope. The provisions of this title shall apply to the construction, alteration, relocation, enlargement, replacement, repair, use and occupancy and demoliti of every building, structure and building services equipment of every building or structure within the city. Where there is a conflict between a general requirement and a sp specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction o most restrictive shall govern. 16.02.040 General. Council Agenda: November4, 2013 Page: 4 Revision Date: October 29, 2013 276 Adopt Section [A] 104.1 of the 2013 California Building Code as follows: [A] 104.1 General. The Building Official is hereby authorized and directed to enfor the provisions of this title. The Building Official shall have interpretations of the codes identified in this title and to adopt policies and procedures in order to clarify the application of its provisions. Such interpr procedures shall be in compliance with the intent and purpose fo and procedures shall not have the effect of waiving requirements specifically provided for in the codes. 16.02.050 Applications and permits. Adopt Section [A] 104.2 of the 2013 California Building Code as follows: [A] 104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, and alt demolition and moving of buildings and structures, inspect the p permits have been issued and enforce compliance with the provisi 16.02.060 Notices and orders. Adopt Section [A] 104.3 of the 2013 California Building Code as follows: [A] 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 16.02.070 Inspections. Adopt Section [A] 104.4 of the 2013 California Building Code as follows: [A] 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in responsible officer of such approved agency or by the responsiblBuilding Officialis authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of Council Agenda: November4, 2013 Page: 5 Revision Date: October 29, 2013 277 16.02.080 Identification. Adopt Section [A] 104.5 of the 2013 California Building Code as follows: [A] 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties u 16.02.090 Right of Entry. Adopt Section [A] 104.6 of the 2013 California Building Code as follows: [A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which violation of this code which makes the structure or premises unsafe, dange hazardous, the Building Officialis authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by such structure or premises be occupied that credentials be presented to entry requested. If such structure or premises is unoccupied, thBuilding Official shall first make a reasonable effort to locate the owner or other person havcontrol of the structure or premises and request entry. If entry is refused, thBuilding Official shall have recourse to the remedies provided by law to secure entry. 16.02.100 Department records. Adopt Section [A] 104.7 of the 2013 California Building Code as follows: [A] 104.7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees col and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 16.02.110 Liability. Adopt Section [A] 104.8 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 6 Revision Date: October 29, 2013 278 [A] 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the and without malice in the discharge of the duties required by th law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or pr act or by reason of an act or omission in the discharge of offic against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this legal representative of the jurisdiction until the final termina Building Official or any subordinate shall not be liable for cost in any action, s proceeding that is instituted in pursuance of the provisions of 16.02.120 Approved materials and equipment. Adopt Section [A] 104.9 of the 2013 California Building Code as follows: [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Officialshall be constructed and installed in accordance with such approval. 16.02.130 Used materials and equipment. Adopt Section [A] 104.9.1 of the 2013 California Building Code as follows: [A] 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used e shall not be reused unless approved by the Building Official. 16.02.140 Modifications. Adopt Section [A] 104.10 of the 2013 California Building Code as follows: [A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owne representative, provided the Building Officialshall first find that special individual reason Council Agenda: November4, 2013 Page: 7 Revision Date: October 29, 2013 279 makes the strict letter of this code impractical and the modification is in compl the intent and purpose of this code and that such modification d accessibility, life and fire safety, or structural requirements.g modifications shall be recorded and entered in the files of the safety. 16.02.150 Alternate materials, design and methods of construction and equi Adopt Section [A] 104.11 of the 2013 California Building Code as follows: [A] 104.11 Alternative materials, design and methods of construc The provisions of this code are not intended to prevent the inst prohibit any design or method of construction not specifically p by this code, provided that any such alternative has been approved. An alterna method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of provisions of this code, and that the material, method or work offered is, for the purpos equivalent of that prescribed in this code in quality, strength, durability and safety. 16.02.160 Research Reports. Adopt Section [A] 104.11,1 of the 2013 California Building Code as follows: [A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided fo consist of valid research reports from approved sources. 16.02.170 Permit Required. Adopt Section [A] 105.1 of the 2013 California Building Code as follows: [A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building erect, install, enlarge, alter, repair, remove, convert or repla mechanical or plumbing system, the installation of which is regunia Council Agenda: November4, 2013 Page: 8 Revision Date: October 29, 2013 280 Code of Regulations, or to cause any such work to be done, shall the Building Official and obtain the required permit. 16.02.180 Time limitation of application. Adopt Section [A] 105.3.2 of the 2013 California Building Code as follows: [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days af unless such application has been pursued in good faith or a perm been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension sha and justifiable cause demonstrated. 16.02.190 Validity of permit. Adopt Section [A] 105.4 of the 2013 California Building Code as follows: [A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of tof this code or of any other ordinance of the jurisdiction. Permits presuming to gi cancel the provisions of this code or other ordinances of the ju The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction docu and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 16.02.200 Expiration. Adopt Section [A] 105.5 of the 2013 California Building Code as follows: [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issua work authorized on the site by such permit is suspended or aband days after the time the work is commenced. The Building Officialis authorized to grant,in writing, one or more extensions of time, for periods not more th extension shall be requested in writing and justifiable cause de Council Agenda: November4, 2013 Page: 9 Revision Date: October 29, 2013 281 16.02.210 Suspension or revocation. Adopt Section [A] 105.6 of the 2013 California Building Code as follows: [A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code whereve error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this cod 16.02.220 Placement of permit. Adopt Section [A] 105.7 of the 2013 California Building Code as follows: [A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 16.02.230 Responsibility of permittee. Add new Section [A] 105.8 to the 2013 California Building Code to read as follows: [A] 105.8 Responsibility of permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicants ag contractors shall carry out the proposed work in accordance with with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerat responsibility of complying with the provisions and intent of th 16.02.240 Fees. Fees shall be paid to the city as set forth in the latest resolution adopted by the ci 16.02.250 Inspections. Adopt Section [A] 110.1 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 10 Revision Date: October 29, 2013 282 [A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or and exposed for inspection purposes until approved. Approval as shall not be construed to be an approval of a violation of the pvisions of any of the codes or amendments specified in this title. It shall be the duty of the work to remain accessible and exposed for inspection purpose Official nor the City of Cupertino shall be liable for expense entailed in the removal or replacement of any material required to allow inspections. Adopt Section [A] 110.2 of the 2013 California Building Code as follows: [A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structu application has been filed. Adopt Section [A] 110.3.8 of the 2013 California Building Code as follows: [A] 110.3.8 Other Inspections. In addition to the called inspections specified above, the Building Official is authorized to make or require any other inspections of any construction work to ascertain compliance with the provisions of this code anthat are enforced by the Building Department. For the purpose of determining compliance, the Building Official may cause any structure to be reinspected. If any inspection is made at the request of any individual, property owner or lending institu of making such inspection shall be charged as set forth in the latest resolution the city. 16.02.260 Certificate of Occupancy. Adopt Section [A] 111.1 of the 2013 California Building Code as follows: [A] 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building thereof shall be made, until the Building Official has issued a therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any provision of this title or any ordinance of the City of Cupertino. Adopt Section [A] 111.2 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 11 Revision Date: October 29, 2013 283 [A] 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code enforced by the Building Department, the Building Official may i occupancy that containsthe following: 1. The building permit number. 2. The address of the building or structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the cer 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy occupancy and the use for which the proposed occupancy is classi 6. The name of the Building Official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provision of C California Building Code. 9. The type of construction as defined in Chapter 6 of the Cali 10. The design occupant load. 11. If the automatic sprinkler system is provided, whether the required. 12. Any special stipulations and conditions of the building per Adopt Section [A] 111.3 of the 2013 California Building Code as follows: [A] 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the permit, provided that such portion of portions shall be occupied Official shall set a time period during which the temporary certi Adopt Section [A] 111.4 of the 2013 California Building Code as follows: [A] 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the California Building Code wherever the certificate is issued in e incorrect information supplied, or where it is determined that tructure or portion thereof is in violation of any ordinance or regulation o California Building Code. Council Agenda: November4, 2013 Page: 12 Revision Date: October 29, 2013 284 16.02.270 Board of Appeals. Adopt Section [A] 113.1 of the 2013 California Building Code and amend to read as follows: [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to applica the codes identified in this Title, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and t matters pertaining to building construction installations and ma The Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council.The Board shall adopt reasonable rules and regulations for conductin shall render all decisions and findings in writing to the Buildi copy to the appellant, and may recommend to the City Council such new legislation as is consistent therewith. To the extent permitted by law, the same personnel of the Board of Appeals appointed under this code may act as the Board of Appealis Title. In the event where no such Board of Appeals has been established, the City Council shall serve as said Appeals Board. Add Section [A] 113.1.1 to read as follows: [A] 113.1.1 Access Compliance. Per Health and Safety Code 19955 19959.5, in order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to Access Compliance, there shall be and is hereby created a Board of Appeals consisting of five members to hear written appeals brought by any person regarding action taken by the Building Department. Two members of Accessibility Board of Appeals shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public meThe Accessibility Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council. The Accessibility Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions the Building Official, with a duplicate copy to the appellant, and may recommend to the City Council such new legislation as is consistent therewith. In the event where no such Board of Appeals has been established, the City Council shall se 16.02.280 Violations. Adopt Section [A] 114.1 of the 2013 California Building Code as follows: Council Agenda: November4, 2013 Page: 13 Revision Date: October 29, 2013 285 [A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish lding, structure or equipment regulated by the codes identified in this done, in conflict with or in violation of any of the provisions title. Adopt Section [A] 114.2 of the 2013 California Building Code as follows: [A] 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of any provisions of any codeidentified in this title, or in violation of a permit or certificate issued under the provisions of any code identified i direct the discontinuance of the illegal action or condition and the abatement of the violation. 16.02.290 Stop Work Order. Adopt Section [A] 115.1 of the 2013 California Building Code as follows: [A] 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisio in this title or dangerous or unsafe, the Building Official is a order. Adopt Section [A] 115.2 of the 2013 California Building Code as follows: [A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owners agent, or to t Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditi work will be permitted to resume. 16.02.300 Penalty. Except where otherwise specified, any person who violates any ofions of any code specified in this title shall be guilty of a misdemeanor, and, upon convictio shall be punished as provided in Chapter 1.12 of the Cupertino Municipal Code. Council Agenda: November4, 2013 Page: 14 Revision Date: October 29, 2013 286 SECTION 2. Chapter 16.04 of Title 16 of the Cupertino Municipal Code is hereby repealed and readopted to read as follows: CHAPTER 16.04: BUILDING CODE ADOPTED* Section 16.04.010 Code Adoption. 16.04.015 Adoption of Appendix Chapters. 16.04.020 Organization and enforcement. 16.04.030 Permits and inspections. 16.04.050 Address posting. 16.04.060 Spark Arrestors. 16.04.080 Roof Covering Classification. 16.04.110 Amending Section 1614, 1614.1 and 1614.3. 16.04.130 Other inspection fees Table 1-A. 16.04.160 Penalty. 16.04.340 Conventional Construction Provisions (Bracing) - Amendment. 16.04.350 Stability Coefficient Equation. 16.04.360 Concrete Isolated Footings. 16.04.370 Revise section 1908.1.8 1905.1.8 ACI 318-08 section 22.10.1. 16.04.400 Swimming Pools. *For statutory provisionsregarding the authority of cities to regulate the building, construction and removal of buildings within the city, see Gov. Code § 38601; for other provisions concerning the authority of cities in regulating buildings and c 38660;for the provisions of the State Housing Act, see Health and Safety Code § 17910 seq. 16.04.010 Code Adoption. The provisionsof the 2010 2013 California Building Code, Volumes 1 and 2 inclusive, and Appendices which follow and each and all of the regulations,visions, conditions and terms of the code is referred to as if fully set forth in th reference adopted. Council Agenda: November4, 2013 Page: 15 Revision Date: October 29, 2013 287 One (1) copy of each volume of the code therefore is on file in Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. 16.04.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2010 2013 California Building Code are hereby adopted. Appendix C: Group U Agricultural Buildings; Appendix F: Rodentproofing; Appendix G: Flood-Resistant Construction; Appendix I: Patio Covers; California Code Part 8: 2010 2013 California Historical Building Code; California Code Part 10: 2010 2013 California Existing Building Code; California Code Part 12: 2013 California Referenced Standards Code 16.04.020 Organization and Enforcement. Section 112 of the 2007 California Building Code is amended to read as follows: Section 112. Board of Appeals. determine the suitability of alternate materials and methods of construction and to provide for reasonable interpreta this code, there shall be and is hereby created a Board of Appeals consis members who are qualified by experience and training to pass upon matters pertaining to building construction installations and materials. The Building Official shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council, and shall hold office at his pleasure. The Board shall adopt reasonable rules and regulations for condu investigations and shall render all decisions and findings in wr with a duplicate copy to the appellant, and may recommend to the City Co legislation as is consistent therewith. The same personnel of the Board of Appeals appointed under this code may act as the Board of Appeals under construction uniform codes. In the event,as Appeals Board is not appointed by the legislative body, the Council shall serve as said Appeals Board. 16.04.030 Permits and Inspections. Council Agenda: November4, 2013 Page: 16 Revision Date: October 29, 2013 288 Section 109.3.8 of the 2007 California Building Code is amended to read as follows: Section 109.3.8 110.3.8 - Other Inspections. In addition to the called inspections specified above, the Building Official may make or require any o construction work to ascertain compliance with the provisions ofde and other laws which are enforced by the Building Department. For the purpose of determining compliance, the Building Official may cause any structure to be If any inspection is made at the request of any individual, property owding institution, a fee equal to the cost of making such inspection shall be charg resolution adopted by the city. 16.04.050 Address Posting Identification. Adopt Section 501.2 of the 2013 California Building Code and amend to read as follows: New and existing buildings shall be provided with approved address numbe letters. Each character shall be not less than 4 inches in heig width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. When required by the fire numbers shall be provided in additional approved locations to fa response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved s used to identify the structure. Address numbers shall be maintained. No Certificate of Occupancy or final building approval for new construction or alterations shall be granted until the building or residence has posted on the building in a visible location. The size of the numbers shall be a minimum of five inches high for commercial or industrial buildings. Residences designated R3 shall have number sizes of three inches minimum. as required by this section. R1 Subdivisions and Planned Developments shall submit a numbering schedule for a Building Department and the Fire Department. All commercial buildings having a single address assigned with multi-suite arrangements shall have the suite-numbering system approved or assigned by the Building Department with an approved Department for emergency use. 16.04.060 Spark Arrestors. Council Agenda: November4, 2013 Page: 17 Revision Date: October 29, 2013 289 In new construction or when alterations, repairs or additions re having a valuation in excess of one thousand dollars occur, all chimneys shall terminate in a substantially constructed spark artor complying with the requirements of the 2010 California Residential Code Section R10 16.04.070 Exterior Wildfire Exposure. Amend Section 707A.8 of the 2010 2013 California Building Code to read as follows: Delete When required by the enforcing agency 707A.8 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this ch the exposed underfloor shall consist of one of the following: 1. Noncombustible material. 2. Ignition-resistant material. 3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering the underside of the floor projection. 4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum pan products listed in the Gypsum Association Fire Resistance Design 5. The underside of a floor assembly that meets the performance cri with the test procedures set forth in the SFM Standard 12-7A-3. Exception: Heavy timber structural columns and beams do not require protect Delete Amend Section 710A.3.2 of the 20102013 California Building Code in its entirety to read as follows: 710A.3 Where required. Accessory structures shall comply with the requirements of this section. 710A.3.1 Attached accessory structures shall comply with the requirements section. Amend Section 710A.4 of the 2010 2013 California Building Code to read as follows: Delete When required by the enforcing agency Council Agenda: November4, 2013 Page: 18 Revision Date: October 29, 2013 290 710A.4 Requirements. Accessory structures shall be constructed on noncombustible or ignition-resistant materials. 16.04.080 Roof Covering Classification. Amend Section 1505.1.3 of the 2010 2013 California Building Code is amended to read as follows: 1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is r-year period, the entire roof covering of every new structure, and any the alteration, repair or replacement of the roof of every exist- retardant roof covering that is at least Class A. Amend Section 1505.1.4 of the 2010 2013 California Building Code is amended to read as follows: 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 peroof area is replaced within any one-year period, the entire roof covering of every new structure, an any roof covering applied in the alteration, repair or replaceme existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shallalso comply with Section 705A. 16.04.110 Amending Sections 1614, 1614.1, and 1614.3. Section 1614, 1614.1 and 1614.1.3 are added to Chapter 16 of the 2007 California Building Code to read as follows: SECTION 1614 MODIFICATION TO ASCE 7. 1614.1 General. The text of ASCE 7 shall be modified as indicate 1614.1.3 ASCE 7, Section 12.8.1.1. Modify ASCE 7 Section 12.8.1.1 by amending Equation 12.8-5 as follows: Council Agenda: November4, 2013 Page: 19 Revision Date: October 29, 2013 291 Cs =0.044 SDS I 0.01 (Eq. 12.8-5) REASONS FOR AMENDMENT/ INTERPRETATION/ CLARIFICATION: Results from the 75% Draft of ATC-63, Quantification of Building System Performance and Response Parameters, indicate that tall buildings may fail at an unacceptably too low o seismic level unless the minimum base shear level is increased t-02. Thus it is recommended that the adoption of the minimum base she recent research in PEER and the ATC 63 project. The conclusion s of the base shear in the previous code led to a trend in which t safety with increasing height. To minimize the potential increas-life safety associated with such a seismic failure of tall buildings, this proposed mod base shear level to be consistent with previous edition of the b amendment to the current ASCE 7 is very well supported by the engineering community. Both SEAOSC and other structural engineer organizations from the stat adopting the revised minimum base shear. FINDINGS: Local Geological Conditions The Bay Area region is a densely populated area having buildings constructed over and near a vast array of fault system earthquakes, including but not limited to the recent 1989 Loma P large numbers of tall buildings in this region as well as the increased fire-life safety associated with such a seismic failure, the proposed modification to have a consistent with previous edition of the building codes need to b assure that new buildings and additions to existing buildings are designed and const accordance with the scope and objectives of the International Bu 16.04.130 Other Inspection Fees Table 1-A. A fee shall be paid to the city as set forth in the latest resolution adopted by the city. 16.04.160 Penalty. Any person, firm, corporation, partnership or copartnership who of the provisions, or fails to comply with any of the mandatory chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12 except that nothing herein contained shall be deemed to bar any legal, equitable orsummary remedy to which the city or other political subdivision person, firm, corporation or partnership may be otherwise entitl other political subdivision or person, firm, corporation or part Council Agenda: November4, 2013 Page: 20 Revision Date: October 29, 2013 292 Superior Court of the County of Santa Clara to restrain or enjoin proposed subdivision, or acts, in violation of this chapter. 16.04.340 Conventional Construction Provisions (Bracing) Amendment. Delete CBC Section 2308.9.3, Item 5which allows the use of gypsum board. Amend CBC Section 2308.9.3, Item 7 as follows: Portland cement plaster on studs spaced 16 inches on center inst with Section 2510 is limited to one-story structures of R-3 and U occupancies. Amend Section 2308.9.3 of the 2013 California Building Code to read as follows: 2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet requirements for location, type and amount of bracing as shown i specified in Table 2308.9.3(1) and are in line or offset from each fee (1219 mm). Braced wall panels shall start not more than 12 end of a braced wall line. Braced wall panels shall be clearly the plans. Construction of braced wall panels shall be by one of the follow 1. Nominal 1-inch by 4-inch (25mm by 102 mm) continuous diagonal braces let into top and bottom plates and intervening studs, placed at an angle not rees (1.0 rad) or less than 45 degrees (0.79 rad) from the horizontal framing in conformance with Table 2304.9.1. 2. Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied spaced not over 24 inches (610 mm) o.c. 3. Wood structural panel sheathing with a thickness not less than 3- inch (406 mm) or 24-inch (610 mm) stud spacing in accordance with Tables 3308.9.3(2) and 3308.9.3(3). 4. Fiberboard sheathing panels not less than ½ inch (12.7 mm) thick applied vertically or horizontally on studs spaced not over 16 inches (406 mm) o.c. wh fasteners in accordance with Section 2306.6 and Table 2306.6. 5. Not adopted. 6. Particleboard wall sheathing panels where installed in accordance with Table 2308.9.3(4). 7. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. with Section 2510. This item is limited to one-story structures of R-3 and U occupancies. Council Agenda: November4, 2013 Page: 21 Revision Date: October 29, 2013 293 8. Hardboard panel siding where installed in accordance with Section 2303.1.6 and Table 2308.9.3(5). For cripple wall bracing, see Section 2308.9.4.1. For Methods 2 must be at least 48 inches (1219 mm) in length, covering three stud spaces where studs are spaced 16 inches (406 mm) apart and covering two stud spaces where studs are s inches (610 mm) apart. For Method 5, each panel must be at least 96 inches (2438 mm) in length where to one face of a panel and 48 inches (1219 mm) where applied to aces. All vertical joints of panel sheathing shall occur over studs and adjacent pa common framing members. Horizontal joints shall occur over bloc equal in size to the studding except where waived b the installation requirements for the specific sheathing materials. Sole plates shall be nailed to th shall be connected to the framing above in accordance with Secti are perpendicular to braced wall lines above, blocking shall be provided under and in line with the braced wall panels. 16.04.350 Stability Coefficient Equation. Add Section 1613.8 to 2010 CBC Section 1613 and ASCE 7-05 Section 12.8.7 to read as follows: 1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending Equation 12.8- 16 as follows: PI (12.8-16) x VhC xsxd 16.04.360 Concrete Isolated Footings. Amend Section 1704.4 1705.3Exception #1of the 2010 2013 CBC to read as follows: 1704.4 1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and TABLE 1704.4 Table 1705.3. Exception: Special inspections shall not be required for: Council Agenda: November4, 2013 Page: 22 Revision Date: October 29, 2013 294 1.Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural based on a specified compressive strength, fc, no greater than inch (psi) (17.2 Mpa). 16.04.370 Revise Section 1908.1.8 1905.1.8 ACI 318-08 Section 22.10.1. Amend entire section 1908.1.8 Section 1905.1.8 and ACI 318 section Section22.10 and replace with the following: 22.10 -Plain concrete in structures assigned to seismic design category C, D, E or F. 22.10.1- Structures assigned to Seismic Design Category C, D, E or F shal elements of structural plain concrete, except as follows: (a)Isolated footings of plain concrete supporting pedestals or colu provided the projection of the footing beyond the face of the suppor not exceed the footing thickness. Exception: In detached one and two-family dwelling three stories or less in height, the projection the footing beyond the face of the supported member is permitted to exceed the footing thickness. (b)Plain concrete footing supporting walls are permitted, provided least two continuous longitudinal reinforcing bars. Bars shall and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top footing. Continuity of reinforcement shall be provided at corne Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least t longitudinal reinforcing bars not smaller than No. 4 are permitt less than 0.002 times the gross cross sectional area of the footing. 16.04.400 Swimming Pools. Council Agenda: November4, 2013 Page: 23 Revision Date: October 29, 2013 295 Adopt Section 3109 of the 2013 California Building Code. Inspections for Swimming Pools. A. All Work to Be Inspected. All pool installations or alterations thereto including equipment, piping and appliances related thereto shall be inspecBuilding Department to insure compliance with the requirements of the California Building Code. B. Called Inspections. It shall be the duty of the person doing the work authorized by the building permit to notify the Building Department that said work is ready for inspection. Such notification shall be given not less than twenty-four hours before the work is to be inspected. 1. Pregunite inspection is required when all steel is in place, piping from the poo is in with pressure test, all steel and related attachments are underwater light housing is installed; 2. An inspection is required for all conduit and gas piping under slabs before decks are poured; 3. Final inspection is required after all equipment is in place and filled with water and all fences and gates are installed; 4. A reinspection fee per the adopted fee scheduleper inspection will be charged for each inspection over two where the work is not ready or correcti completed; 5. The owner shall arrange with the Building Department for inspect property to make necessary inspections in connection with the pool. SECTION 3. Chapter 16.06 of Title 16 of the Cupertino Municipal Code is hereby repealed and readopted to read as follows: CHAPTER 16.06 RESIDENTIAL CODEADOPTED Section 16.06.010 Code Adoption. 16.06.015 Adoption of Appendix Chapters. 16.06.050 Automatic Fire Sprinkler Systems. 16.06.060 Materials and Construction Methods for Exterior Wildf 16.06.070 Footings. Council Agenda: November4, 2013 Page: 24 Revision Date: October 29, 2013 296 16.06.080 Roof Covering Classification. 16.06.085 Spark Arrestors. 16.06.090 Seismic Reinforcing. 16.06.100 Intermittent Brace Wall Panel Construction Methods. 16.06.010 Code Adoption. The provisions of the 2010 2013 California Residential Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such referen One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. 16.06.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2010 2013 California Residential Code are hereby adopted: Appendix A: Sizing and Capacities of Gas Piping; Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix G: Swimming Pools, Spas and Hot Tubs; Appendix H: Patio Covers; Appendix J: Existing Building and Structures; Appendix K: Sound Transmission; 16.06.050 Automatic Fire Sprinkler Systems. Amend Section R313.1 of the 2013 California Residential Code to read as follows: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in existing townhouses when additions are made that increase the building area to more than Exception: Council Agenda: November4, 2013 Page: 25 Revision Date: October 29, 2013 297 One or more additions made to a building after January 1, 2011 t 1000 square feet of building area. Amend Section R313.2 of the 2013 California Residential Code to read as follows: R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed i- and two-family dwellings as follows: 1.In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building area. 2.In all new basements and in existing basements that are expanded Exception: Existing basements that are expanded by not more than 50%. 16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure. Amend Section R327.7.9 of as follows: Delete When required by the enforcing agency Delete Section R327.10.3.2 in its entirety: Amend Section R327.10.4 of as follows: Delete When required by the enforcing agency Amend Section R327.7.8 of the 2013California Residential Code to read as follows: R327.7.8 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chrside of the exposed underfloor shall consist of one of the following: 1. Noncombustible material. 2. Ignition-resistant material. Council Agenda: November4, 2013 Page: 26 Revision Date: October 29, 2013 298 3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering the underside of the floor projection. 4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum pan products listed in the Gypsum Association Fire Resistance Design 5. The underside of a floor assembly that meets the performance criteria i with the test procedures set forth in the SFM Standard 12-7A-3. Exception: Heavy timber structural columns and beams do not require protect Amend Section R327.10.3 of the 2013 California Residential Code to read as follows: R327.10.3. Where required. Accessory structures shall comply with the requirements of this section. R327.10.3.1. Attached accessory structures shall comply with the requirements this section. Amend Section R327.10.4 of the 2013 California Residential Code to read as follows: R327.10.4. Requirements. Accessory structures shall be constructed on noncombustible or ignition-resistant materials. 16.06.070 Footings. Amend Section R403.1 of the 2013 California Residential Code to read as follows: R403.1 General. All exterior walls shall be supported on continuous solid or ful grouted masonry or concrete footings, or other approved structur of sufficient design to accommodate all loads according to Section R301 and to transm resulting loads to the soil within the limitations as determined soil. Footings shall be supported on undisturbed natural soils or engineered footings shall be designed and constructed in accordance with th R403 or in accordance with ACEIACI 332. LOAD-BEARING VALUE OF SOIL (psf) 1,500 2,000 3,000 4,000 Conventional light-frame construction 1-story 12 12 12 12 Council Agenda: November4, 2013 Page: 27 Revision Date: October 29, 2013 299 2-story 15 12 12 12 3-story 23 17 12 12 4-inch brick veneer over light frame or 8-inch hollow concrete masonry 1-story 12 12 12 12 2-story 21 16 12 12 3-story 32 24 16 12 8-inch solid or fully grouted masonry 1-story 16 12 12 12 2-story 29 21 14 12 3-story 42 32 21 16 For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa. a.Where minimum footing width is 12 inches, use of a single wythe of solid or fully 12-inch nominal concrete masonry units is permitted. Amend Section R403.1.1 of the 2013 California Residential Code to read as follows: R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure 403.1(1). The footing widt load-bearing value of the soil in accordance with Table R401.4.1. Spread footings sha at least 6 inches (152 mm) in thickness, T. Footing projection, mm) and shall not exceed the thickness of the footing. The size piers and columns shall be based on the tributary load and allowable s with Table R401.4.1. Delete Figure R403.1(2) and Figure R403.1(3). Delete Section R403.2 in its entirety. 16.06.080 Roof Covering Classification. Amend Section R902.1.3 of the 2013 California Residential Code to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is r-year period, the entire roof covering of every new structure, and any the alteration, repair or replacement of the roof of every exist- retardant roof covering that is at least Class A. Amend Section R902.1.4of the 2013 California Residential Code to read as follows: Council Agenda: November4, 2013 Page: 28 Revision Date: October 29, 2013 300 R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 per is replaced within any one-year period, the entire roof covering of every new structure, an any roof covering applied in the alteration, repair or replaceme existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R327.5. 16.06.085 Spark Arrestors. In new construction or when alterations, repairs or additions re havinga valuation in excess of one thousand dollars occur, all new and chimneys shall terminate in a substantially constructed spark ar requirements of the 2013 California Residential Code Section R10 16.06.090 Seismic Reinforcing. Amend Section R403.1.3 by adding wording to the first sentence of the first paragraph t specify the minimum amount of longitudinal reinforcing, and by d Exception to this section that allows the use of plain concrete footings without longitudinal reinforcement, to read of the 2013 California Residential Code to read as follows: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D, 0 D and D, as established in Table R301.2(1), shall have minimum reinforcement of at least 12 two continuous longitudinal reinforcing bars not smaller than No. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) cle footing. In Seismic Design Categories D, D and D where a construction joint is created between a 012 concrete footing and a stem wall, a minimum of one No. 4 bar sha than 4 feet (1219 mm) on center. The vertical bar shall extend t the bottom of the footing, have a standard hook and extend a min mm) into the stem wall. In Seismic Design Categories D, D and D where a grouted masonry stem wall is 012 supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be Council Agenda: November4, 2013 Page: 29 Revision Date: October 29, 2013 301 installed at not more than 4 feet (1219 mm) on center. The verti inches (76 mm) clear of the bottom of the footing and have a sta In Seismic Design Categories D, D and D masonry stem walls without solid grout and 012 vertical reinforcing are not permitted. Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete foo columns or pedestals are permitted. 16.06.100Intermittent Brace Wall Panel Construction Methods. Amend CRC Table R602.10.1.2(2) Section R602.10.4, to add a new footnote de to the end of CRC Table R602.10.1.2(2)R602.10.3(3), to read as follows: d. e. In Seismic Design Categories D, D, and D, Method GB is not permitted and the use 012 of Method PCP is limited to one-story single family dwellings and accessory structures. Add the d e footnote notation in the title of Table R602.10.1.2(2) R602.10.1.3(3)after the three footnotes currently shown,to readas follows: TABLE R602.10.1.2(2)TABLE R602.10.3(3) a,b,c,d e Add a new subsection R602.10.2.1.1 R602.10.4.4, to read as follows: R602.10.2.1.1 R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D, D, and D, Method GB is not permitted for use as intermittent braced wall 012 gypsum board is permitted to be installed when required by this the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D, D, and D, the use of Method PCP is limited to one-story single 012 family dwellings and accessory structures. SECTION 4. Chapter 16.12 of Title 16 of the Cupertino Municipal Code is herrepealed and readopted to read as follows: CHAPTER 16.12 SOILS AND FOUNDATIONS - SUBDIVISIONS* Council Agenda: November4, 2013 Page: 30 Revision Date: October 29, 2013 302 Section 16.12.010 Code Adoption. 16.12.020 Required. 16.12.030 Report Requirements. 16.12.040 Preparation. 16.12.050 Approval of Report. 16.12.060 Conditions of Building Permit. 16.12.070 Appeals. * For statutory provisions requiring cities to enact an ordinanc preliminary soil report of every subdivision, see Health and Saf-17957. 16.12.010 Code Adoption. The ordinance codified in this chapter is enacted pursuant to the provisi 17953 through 17957 of the Health and Safety Code of the state, relating to housing, and reaffirms the requirements of an approved soils report as a conda building permit. 16.12.020 Required. A. A soils report, as described in Section 17953 of the California Code, shall be required of every subdivision as defined in the S State of California (commencing at Section 66401 of the California Government Code) and shall also be required as a condition precedent to the issuance any structure to be built on any lot or subdivision. B.Said soils report may be waived by the Building Officialor if the Public Works Director determines that due to the knowledge such department has as to th of the soil of the subdivision or lot, no analysis is necessary. C. No building permit shall be issued for the construction of any bg or structure on any lot or subdivision subject to this chapter unle preliminary soil report has been filed first with the Building O and City Engineer; or said report has been waived pursuant to the provisions of this cr or, the corrective action, if any, has been assured. Council Agenda: November4, 2013 Page: 31 Revision Date: October 29, 2013 303 16.12.030 Report Requirements. The report shall be comprehensive and shall include an analysis A. Stability of all slopes, within the lot (subdivision) or slopes to the area under investigation; B. The classification of all soils for expansion potential; C. The classification of the soils according to the Unified Soils C D. The establishment of design bearing values and anticipated maxim settlements; E. Soil profiles including relevant data to depths which reflect th magnitude of the future loading; F. The presence of rocks or liquids containing deleterious chemical corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate. 16.12.040 Preparation. The soils report shall be prepared by a civil engineer who is re shall be based upon adequate test borings, excavations,or in the case of the letter of review, field observations. 16.12.050 Approval of Report. The preliminary soil report shall be filed with and approved by 16.12.060 Conditions for Building Permit. No building permit shall be issued for the construction of any structure on any lot or subdivision subject to this chapter unless or until an approved been filed first with the City Engineer; or said report has been provisions of this chapter or, the corrective action, if any, has been assured. 16.12.070 Appeals. Council Agenda: November4, 2013 Page: 32 Revision Date: October 29, 2013 304 Appeals from determination made under this chapter may be made t by the filing of a written request with the City Clerk within fietermination having communicated to the applicant for the building permit. \ SECTION 5. Chapter 16.16 of Title 16 of the Cupertino Municipal Code is herrepealed and readopted to read as follows: CHAPTER 16.16: ELECTRICAL CODE ADOPTED Section 16.16.010 Code Adoption. 16.16.015 Adoption of Appendix Chapters. 16.16.020 Article 100 Amended -Definitions. 16.16.025Electrical Work. 16.16.030 Electrical Fee Schedule. 16.16.040 Interpretation. 16.16.050 Electrical Maintenance Program. 16.16.070 Penalty. 16.16.010 Code Adoption. The provisions of the 2010 2013 California Electrical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are inspection. 16.16.015 Adoption of Appendix Chapters. No Appendix Chapters from the 20102013California Electrical Code have been adopted. 16.16.020 Article 100 AmendedDefinitions. Council Agenda: November4, 2013 Page: 33 Revision Date: October 29, 2013 305 Article 100 as amended by adding thereto the following: A. Electrical Contractors: For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical contractor's license issued by B. Journeyman Electrician: A journeyman electrician is an electrician qualified by training and experience to do electrical work in conjunction with new construction and/or rework of existing systems. C. Maintenance Electrician:A maintenance electrician in an electrician qualified by training and experience to do the recurring work required to kee condition that it maybe utilized at its designated capacity and efficiency, to do rep work or replacement or overhaul of constituent parts or material facility to a condition substantially equivalent to its original efficiency. 16.16.025 Electrical Work. Electrical work shall be done only by: a. Owner/occupant; b. Electrical contractors who are in compliance with the state lice employees are under the direct supervision of a qualified journetrician; c. General Building Contractor with current B-1 license in conjunction with building permit only; d. Maintenance electrician. 16.16.030 Electrical Fee Schedule. Electrical fees shall be paid to the city as set forth in the laion adopted by the city. 16.16.040 Interpretation. A.The language used in this code, and the California Electrical Co of this code by reference, is intended to convey the common and familiar to the electrical industry. Council Agenda: November4, 2013 Page: 34 Revision Date: October 29, 2013 306 B. The Building Official or his assistants is authorized to determi of any provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public. 16.16.050 Electrical Maintenance Program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on an person owns or occupies, may designate a qualified electrician as a maintenance electrician.Upon being approved by the Chief Building Official, the maintena electrician shall make monthly or quarterly reports to the city additions, or alterations. All such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the p inspection by the electrical inspector to the same extent as sim persons and for which such inspection is provided. 16.16.070 Penalty. Any person, firm, corporation, partnership or copartnership who of the provisions, or fails to comply with any of the mandatory chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12 except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the city or other political subdivision or any person, firm, corporation or partnership may be otherwise entitl other political subdivision or person, firm, corporation or part Superior Court of the County of Santa Clara to restrain or enjoin any attempted or proposed subdivision, or acts, in violation of this chapter. SECTION 6. Chapter 16.20 of Title 16 of the Cupertino Municipal Code is herrepealed and readopted to read as follows: CHAPTER 16.20: PLUMBING CODE ADOPTED Section 16.20.010 Code Adoption. 16.20.015 Adoption of Appendix Chapters. Council Agenda: November4, 2013 Page: 35 Revision Date: October 29, 2013 307 16.20.020 Name Insertion. 16.20.080 Condensate Disposals. 16.20.100 Penalty. 16.20.110 Schedule of Fees. 16.20.120 Board of Appeals. 16.20.010 Code Adoption. The provisions of the 2010 2013 California Plumbing Code and each and all of the regulations, provisions, conditions and terms of the code is ref this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t pursuant to Health and Safety Code Section 18942 (d) (1) and are inspection. 16.20.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2010 2013 California Plumbing Code are hereby adopted: Appendix A: Rules for Sizing the Water Supply System; Appendix B: Explanatory Notes on Combination Waste and Vent Sys Appendix C: Alternate Plumbing Systems; Appendix D: Sizing Storm Water Drainage Systems; Appendix G: Graywater Systems; Appendix H: Private Sewage Disposal Systems; Appendix I: Installation Standards; Appendix K: Private Sewage Disposal Systems; Appendix L: Alternate Plumbing Systems; 16.20.020 Name Insertion. The names Cupertino and/orCalifornia shall be inserted in the appropriate places provided therefor in each and every section of said such Uniform CaliforniaPlumbing Code, 2007 Edition, wherein either the name of the city or state is left blank. Council Agenda: November4, 2013 Page: 36 Revision Date: October 29, 2013 308 16.20.080 Condensate Disposals. 2007 UPC Amend Section 807.2 of the 2013 California Plumbing Code is amended by replacing it with the following:to read as follows: 807.2 Condensate Waste. Condensate from air-cooling coils and comfort cooling equipment not intended to be used for the storage or holding of collected and discharged to an approved point of disposal acceptto the Administrative Authority by the Building Official. Termination of such drains shall be made by an air break.Condensate drain lines in sizes 1 1/4" and larger shall be assembled using approved draina condensate Condensate waste water shall not drain over or upon a public way, sidewalk, pedestrian ramp or the like. The waste pipe shall have a slope of not less than 1/8 inch per foot and shall be of approved corrosion-resistant material not smaller than the outlet size as required below for air-cooling coils or condensing fuel-burning appliances, respectfully. Condensate wastes pipes from air-cooling coils shall be sized in accordance with equipment capacity as follows: EQUIPMENT CAPACITY CONDENSATE PIPE DIAMETER Up to 20 tons of refrigeration 3/4 inch 21 to 40 tons of refrigeration 1 inch 41 to 90 tons of refrigeration 1-1/4 inch 91 to 125 tons of refrigeration 1-1/2 inch 126 to 250 tons of refrigeration 2 inch The size of condensate waste pipes may be for one unit or a comb recommended by the manufacturer. The capacity of waste pipes assumes a 1/8 inch-per- foot slope, with the pipe running three-quarters full. Condensate drain sizing for other slopes or other conditions sha Administration Authority Building Official. Findings Council Agenda: November4, 2013 Page: 37 Revision Date: October 29, 2013 309 The waste water treatment facilities serving many silicon valley cities are 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 ground. 16.20.100 Penalty. Except where otherwise specified, any person who violates any of chapter shall be guilty of a misdemeanor and, upon conviction ther as provided in Chapter 1.12. 16.20.110 Schedule of Fees. Fees shall be paid to the city as set forth in the latest resolution adopted by the ci 16.20.120 Board of Appeals. In order to determine the suitability of alternate materials and and to provide for reasonable interpretations of the provisions of this code, there shall be and is hereby created a Board of Appeals, consisting of five mem experience and training to pass upon matters pertaining to build installation and materials. The Building Official shall be an ex-officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor, subject to the approval of the City Council, and shall hold office at hi The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with appellant, and may recommend to the city Council such new legisl therewith.The same personnel of the Board of Appeals appointed under this code may as the Board of Appeals under the other building construction un In the event an Appeals Board is not appointed by the legislative body, the C Appeals Board. Council Agenda: November4, 2013 Page: 38 Revision Date: October 29, 2013 310 SECTION 7. Chapter 16.24 of Title 16 of the Cupertino Municipal Code is herrepealed and readopted to read as follows: CHAPTER 16.24: MECHANICAL CODE ADOPTED Section 16.24.010 Code Adoption. 16.24.015 Adoption of Appendix Chapters. 16.24.020 Name Insertion 16.24.030 Condensate Wastes. 16.24.060 Board of Appeals. 16.24.070 Table No. 1-A Mechanical Permit Fees Amended. 16.24.080 Violation -Penalty. 16.24.010 Code Adoption. A. The provisions of the 2010 2013 California Mechanical Code and each and all of the regulations, provisions, conditions and terms of the code is ref this chapter, and is by such reference adopted. B. One (1) copy of the code therefore is on file in the office of tuilding Official pursuant to Health and Safety Code Section 18942 (d) (1) and are inspection. 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 20102013California Mechanical Code have been adopted. 16.24.020 Name Insertion. The names Cupertino and/orCalifornia shall be inserted in the appropriate places provided therefor in each and every section of such California Mechanical Code wherein either the name of the city or state is left blank. Council Agenda: November4, 2013 Page: 39 Revision Date: October 29, 2013 311 16.24.030 Condensate Wastes. 2007 CMC Amend Section 310.1 312.1 of the 2013 California Mechanical Code is amended by replacing it with the following to read as follows: 312.1 Condensate Disposal. Condensate from air cooling coils and comfort cooling equipment not intended to be used for the storage or holding of foo collected and discharged to an approved point of disposal acceptAdministrative Authority Building Official. Termination of such drains shall be made by an air break. Condensate drain lines in sizes 1- 1/4 and larger shall be assembled using approved drainage pipe Condensate waste water shall not drain over or upon a public way ramp or the like. Findings The waste water treatment facilities serving many Silicon Valley citi near maximum capacity.The discharge of treated waste water into San Francisco Bay is detrimental to its sensitive ecosystems. Cooling coil and comfort cooling equipment condensate waste discharge does not contain pollutants which require treatment before being discharged into ground. 16.24.060 Board of Appeals. In order to determine the suitability of alternate materials ands of construction and to provide for reasonable interpretations of the provisions and is hereby created a Board of Appeals, consisting of five mem experience and training to pass upon matters pertaining to building construction, mechanical design and maintenance and the public health aspects The Building Official shall be an ex-officio member appointed by the Mayor, subject to the approval of the City Council, and shall hold office at his pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigatio decisions and findings in writing to the Building Official, with applicant, and may recommend to the City Council such new legislation as is consistent Council Agenda: November4, 2013 Page: 40 Revision Date: October 29, 2013 312 therewith.The same personnel of the Board of Appeals under the other build construction uniform codes. In the event an Appeals Board is not appointed by the legislative body, the Council shall serve as such Appeals Board. 16.24.070 Table No. 1-AMechanical Permits Fees Amended. Fees shall be paid the city as set forth in the latest resolutio 16.24.080 Violation Penalty. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as proChapter 1.12 of this code. SECTION 8. Chapter 16.32 of Title 16 of the Cupertino Municipal Code is hereby repealed. CHAPTER 16.32: SWIMMING POOLS* Section 16.32.010 Purpose. 16.32.020 Definitions. 16.32.030 Scope and application. 16.32.040 Safety requirements. 16.32.050 New construction requirements. 16.32.060 Enforcement authority. 16.32.070 Permit - Required. 16.32.071 Application for permit. 16.32.072 Cost of permit. 16.32.073 Schedule of fees. 16.32.080 Penalty. 16.32.090 Correction of errors. 16.32.100 Expiration of permit. * Prior ordinance history: Ord. 139. Council Agenda: November4, 2013 Page: 41 Revision Date: October 29, 2013 313 16.32.010 Purpose. The purpose of this chapter is to provide for the protection of and safety by prescribing minimum standards for the design, cons repair or alterations of swimming pools or other pools of water, public or private, and equipment related thereto; requiring a permit and inspection the administration and enforcement set forth herein; providing for t registration of persons engaged in the business of swimming pool installation or al or equipment related thereto; and prescribing for penalties for 16.32.020 Definitions. A. For the purposes of this chapter, the following definitions appl 1. Approved means accepted or acceptable under an applicable spec cited in this chapter, or accepted as suitable for the proposed power of the Administrative Authority. 2. Approved testing agency means an organization primarily established for the purpose of testing to approved standards and approved by the Adm Authority. 3. Administrative Authority is the individual official, board, de established and authorized by a State, County, City or other political subdivision created by law to administer and enforce the provisions of the s adopted or amended. 4. Backwash piping. See Filter waste discharge piping. 5. Body feed means filter aid fed into a diatomite-type filter throughout the filtering cycle. 6. Cartridge filter means a filter using cartridge type filter el 7. Chemical piping means piping which conveys concentrated chemic a feeding apparatus to the circulation piping. 8. Circulation piping system means the piping between the pool st mechanical equipment. Circulation piping system usually includes piping and return piping. 9. Combination valve means a multipart valve intended to perform more than one function. 10. Design head means the total head requirement of the circulatio design rate of flow. 11. Diatomite (Diatomaceous earth) means a type of filter aid. 12. Diatomite type filter means a filter designed to be used with filter aid. Council Agenda: November4, 2013 Page: 42 Revision Date: October 29, 2013 314 13. Face piping means the piping, with all valves and fittings, wh the filter system together as a unit. 14. Filter means any apparatus by which water is clarified. 15. Filter aid means a nonpermanent type of filter media or aid such as di etc. 16. Filter cartridge means a disposable or renewable filter elemen employs no filter aid. 17. Filter element means that part of a filter which retains the filter media. 18. Filter media means the fine material which entraps the suspend removes them from the water. 19. Filter rate means the average rate of flow per square foot of 20. Filter rock means specially graded rock and gravel used to support filter sand. 21. Filter sand means a specially graded type of permanent filter 22. Filter septum means that part of the filter element in a diato which a cake of diatomite or other nonpermanent filter aid may be deposited. 23. Filter waste discharge piping means piping that conducts waste to a drainage system. Connection to drainage system is made thro other approved methods. 24. Fresh water means those waters having a specific conductivity less than containing six thousand parts per million of sodium chloride. 25. High rate sand filter means a sand filter designed for flows i per minute per square foot. 26. Inlet fitting means the fitting or fixture through which circu pool. 27. Main outlet means the outlet(s) at the deep portion of the poo main flow of water leaves the pool when being drained or circulated. 28. Pool means a body of water sixteen inches or more in depth use swimming. 29. Pool depths means the distance between the floor of pool and t operating water level. 30. Pool plumbing means all chemical, circulation, filter waste discharge piping, deck drainage and water filling system. 31. Portable pool means a prefabricated pool which may be erected intended use and which may be subsequently disassembled and reer location. Generally installed on the surface of the ground and without excav 32. Precoat, in a diatomite-type filter, means the initial coating or filter aid placed on t filter septum at the start of the filter cycle. 33. Rapid sand filter means a filter designed to be used with sand as the filter media and for flows not to exceed five gallons per minute per square foot. Council Agenda: November4, 2013 Page: 43 Revision Date: October 29, 2013 315 34. Receptor means an approved plumbing fixture or device of such capacity as to adequately receive the discharge from indirect waste piping, so constructed and located as to be readily cleaned. 35. Return piping means that portion of the circulation piping whi outlet side of the filters to the pool. 36. Saline water means those waters having a specific conductivity in excess of a solution containing six thousand parts per million of sodium chl 37. Separation tank means a device used to clarify filter rinse or Sometimes called a reclamation tank. 38. Skim-filter means a surface skimmer combined with a vacuum diatomite filte 39. Suction piping means that portion of the circulation piping lo structure and the inlet side of the pump and usually includes th piping,skimmer piping, vacuum piping and surge tank piping. 40. Surface skimmer means a device generally located in the pool w pool surface by drawing pool water over a self-adjusting weir. 41. Swimming pool means any constructed or prefabricated pool used for swimming or bathing, over sixteen inches in depth. 42. Swimming pool -private includes all constructed pools which are used as a swimming pool in connection with a single-family residence, and available only to the family of the householder and his private guests. 43. Swimming pool -public means any swimming pool other than a private swimming pool. 44. Turnover time means the time in hours, required for the circul and recirculate a volume of water equal to the pool volume. 16.32.030 Scope and application. A. Administration. 1. Administrative Authority and Assistants. Whenever the term Administrative Authority is used in this chapter it shall be construed to mean his authorized representative. 2. Department Having Jurisdiction. Unless otherwise provided for by law, the office of the Administrative Authority shall be part of the Planning and D Department. 3. Duties of the Administrative Authority. The Administrative Authority shall maintain public office hours necessary to efficiently administer the prov amendments thereto and shall perform the following duties: a. Require submission of, examine and check plans, specifications, drawings, descriptions or diagrams where necessary to show clearly the cha Council Agenda: November4, 2013 Page: 44 Revision Date: October 29, 2013 316 extent of pool work covered by applications for a permit and upo shall issue the permit applied therefor; b. Collect all fees for permits issued as provided by this chapter, issue receipts therefor in duplicate, the duplicate copy of which shall be maintained as office; c. Administer and enforce the provisions of this chapter in a manne the intent thereof and inspect all pool work authorized by any permit to assure compliance with provisions of this chapter, approving or condemn whole or in part as conditions require; d. Issue upon request a certificate of approval for any work approvim; e. Condemn and reject all work done or materials used or being used all respects comply with the provisions of this chapter; f. Order changes in workmanship or materials or both essential to o with all provisions of this chapter; g. Investigate any construction or work regulated by this chapter a notices and orders as provided in subsections 16.32.060B and C; h. Keep a record of all essential transactions of his office; i. Transfer all fees collected by him to the proper authority provided by law to receive such funds; j. Maintain an official register of all persons, firms or corporati carry on or engage in the business of pool installation. B. Application. 1. No provisions of this chapter shall be deemed to require a change in any pool system or any other work regulated by this chapter in or on when such work was installed in accordance with the law prior to of the ordinance codified in this chapter; except when any pool system or co regulated by this chapter is determined by the Administrative Au fact, dangerous, unsafe and a menace to life, health or property 2. The provisions of this chapter shall apply to all new construction, to any alterations, repairs or reconstruction, except as provided in this chapter. C. Repairs and Alterations. On existing premises on which pool installations are to be altered, repaired or renovated, deviations from the provisions of this chapter are permitted, provided such deviations are found to be necessary an by the Administrative Authority. D. Public Pools. Requirements for public pools shall comply with Division 20, Cha Sections 24100 to 24109 inclusive of the California Health and Safety C Council Agenda: November4, 2013 Page: 45 Revision Date: October 29, 2013 317 5, Subchapter 1, Group 6, Sections 7774 to 7833 inclusive, Calif Code, Title 17, Public Health, and Chapter 90 of the Uniform Bui shall be reviewed by the Santa Clara County Health Department. Struc locations, and structures relating to public pools shall meet th sections of this chapter. 16.32.040 Safety requirements. A. Every person who owns or is in possession of any premises, whether as purchaser unde contract, lessee, tenant or licensee, on which there is now situ may be situated a swimming pool, fish pond, wading pool or any o regulated by this chapter, any portion of which is sixteen inches or more in maintain on the lot or premises upon which such swimming pool, f or other artificial body of water is located, and completely sur fence, wall or other structure not less than five feet in height height; provided however, that except for doors or gates, the ho opening, holes or gaps in the fence, wall or other structure shaeed three inches and that no offset perpendicular to the horizontal dimension sha-half inch; and provided further, that an apartment house, dwelling house or be used as a part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and being capable of keeping, such door or gate securely closed at all tim with such latching either placed five feet above ground level, or otherwise made inaccessible from the outside to children; provided however, tha unit occupied by human beings and forming any part of the enclos required need not be so equipped. All such gates or doors shall be kept closed or latched when the pool or body of water is not under the constant supervi guard. B. Manmade decorative pools of water located within a commercial or development or within a planned development project where the pool will be owned and maintained by a Homeowners Association may be maintained at a de sixteen inches provided that the design of the pool has all of t 1. There should be no large abrupt changes in water depth in areas of uncontrolled access. 2. Slopes should be controlled to insure good footing for persons i of whether or not entry to the water is allowed or prohibited. No slope steeper than five to one (one vertical foot for each five feet horizontal) shall be allowed wi approval by the Administrative Authority. Council Agenda: November4, 2013 Page: 46 Revision Date: October 29, 2013 318 3. All slope areas should be designed and constructed to prevent or insect growth with minimum turbidity problems. In general, this requires some form of hardened surface on the slopes. 4. Shoreline erosion should be prevented to preserve the safety con project. The Administrative Authority may require the applicant to obtain from a safety consultant to assure that all safety aspects of suc C. Fencing to provide adequate protection, when required in this se immediately after excavation. D. Exception. Nothing in this section shall apply to any body of water owned or operated by the city. 16.32.050 New construction requirements. Unless otherwise specified in this chapter, all piping, equipmen the plumbing system shall conform to the current Uniform Plumbing Code, published by the International Association of Plumbing Officials, as adopted A. Approvals.All materials, piping, valves, equipment or appliances entering construction of pools or portions thereof shall be of a type complying with this chapter or of a type recommended and approved by a nationally recognized te recognized standard acceptable to the Administrative Authority. For any items not specifically covered in these requirements, the Administrative Authority is authorized to require that all equipment, materials, methods of construction a proven to function adequately, effectively and without excessive operational difficulties. It shall be the responsibility of the applicant to provide such data, tests o proof that the device, material or product will satisfactorily p it is intended, before such item shall be approved or accepted f B. Alternate Materials and Methods of Construction. 1. The provisions of this chapter are not intended to prevent the u material, method of construction, appliance or equipment provide has been first approved and its use authorized by the Administrative Authority. Council Agenda: November4, 2013 Page: 47 Revision Date: October 29, 2013 319 2. When there is insufficient evidence to substantiate claims for a Administrative Authority may require tests, as proof of complian approved agency at the expense of the applicant. C. Engineering Design. All design, construction and workmanship shall be in conformity with accepted engineering practices and shall be of such charact sought to be obtained by this chapter: 1. Every pool shall be equipped complete with approved mechanical equipment consisting of filter, pump, piping, valves and component parts. EXCEPTION: Pools with a supply of fresh water equivalent to the volume of the poo turnover time will be allowed. 2. Except where inlet jets are used, the pool piping shall be sized willnot exceed ten feet per second for the pool design flow, except velocity shall not exceed eight feet per second in copper piping D. Pumps. 1. Pool circulating pumps shall be equipped on the inlet side with and lint strainer when used with a pressure filter. 2. Pumps shall be mounted on a substantial base in a manner that wi piping. 3. Pumps shall have design capacity at the following heads: a. Pressure diatomaceous earth, at least sixty feet; b. Vacuum diatomaceous earth, twenty inches vacuum on the suction s feet total head; c. Rapid sand, at least forty-five feet; d. High rate, at least sixty feet. E. Fullway Gate Valves. 1. Fullway gate valves shall be installed to insure proper function piping system. a. When the pump is located below the overflow rim of the pool, a v installed on the discharge outlet and the suction line. The valves shall be located in an accessible place. Council Agenda: November4, 2013 Page: 48 Revision Date: October 29, 2013 320 b. Valves shall be made of materials that are approved in the Unifo Code. NOTE: Combination valves may be installed when approved by the Administrative Authority. F. Water Supply. Unless an approved type of filling system is installed, any wate which, in the judgment of the Administrative Authority may be us be equipped with backflow protection. No over the rim fill spout shall be accepted unless located under a diving board, or properly guarded. G. Waste Water Disposal. No direct or indirect connection shall be made between any storm drain, sewer, drainage system, seepage pit, underground leachingpit, or subsoil drainage line, and any line connected to a pool unless approved by the Ad H. Separation Tank. A separation tank of an approved type may be used in lieu of the aforementioned means of waste water disposal when connected as a reclamation system. I. Tests. 1. All pool piping shall be inspected and approved before being cov It shall be tested and proved tight to the satisfaction of the Admi under a static water or air pressure test of not less than thirty-five PSI for fifteen minutes. 2. All drainage and waste piping shall be tested as required by the Plumbing Code. J. Drain Piping. 1. Drainage piping serving gravity overflow gutter drains and deck ns shall be installed to provide continuous grade to point of discharge. 2. Joints and connections shall be made as required by the current Plumbing Code. K. Water Heating Equipment. Pool water heating equipment shall conform to the design, construction and installation requirements as set forth in the l Uniform Plumbing Code and Uniform Mechanical Code, shall bear th shall include a consideration of combustion air, venting and gasequirements for water heaters and in addition the following shall be required: 1. An approved permanent bypass or anti-syphon device shall be installed to provide a positive means of retaining water in the heater when the pump is 2. When the heater is installed in a pit, the pit shall be provided facilities. Council Agenda: November4, 2013 Page: 49 Revision Date: October 29, 2013 321 3. All water heating equipment shall be installed with flanges or u adjacent to the heater. 4. When water heating equipment which is installed in a closed system has a valve between the appliance and the pool, a pressure relief valve shal discharge side of the water heating equipment. For units up to and including two hundred thousand B.T.U./hr. input the relief valve shall be A.G.A. rated and for inputs over two hundred thousand B.T.U./hr., the valve shall be A.S.M.E 5. A check valve shall be located to prevent backflow of hot water L. Gas Piping. Gas piping shall comply with the current adopted Uniform Plumbing Code. M. Final Inspection. All pool installations must be completed. The pool shall be completely filled with water and in operation before final inspection. N. Setback Requirements. 1. Five feet required between property line and pool; 2. Five feet required between structures and pool. The above setbacks are to water line except when easements are p encroachment; the five feet dimension shall be to back of pool s EXCEPTIONS: 1. The five feet requirement between house and pool may be reduced if t approved by a registered professional engineer. 2. A portable pool containing six hundred gallons or less and erect surface of the ground or concrete base maybe located within one foot from structures and three feet from property line. The three-foot setback distance from a portable pool to a property line may be reduced or eliminated if the affected owner signs a written statement approving the reduction. 16.32.060 Enforcement authority. A. Right of Entry. The Administrative Authority and assistants shall carry proper c of the respective office, upon exhibition of which they shall ha usual business hours, to inspect any and all pools or portion thereof in the their duties. B. Dangerous Construction. Whenever brought to the attention of the department having jurisdiction that any construction or work regulated by this chahazardous, Council Agenda: November4, 2013 Page: 50 Revision Date: October 29, 2013 322 dangerous, unsafe or a menace to life, health or property or oth chapter, the department may request an investigation by the Admi who, upon determining such information to be fact, shall order aerson, firm or corporation, using or maintaining any such condition or responsi maintenance thereof to discontinue the use of or maintenance the change the same as he may consider necessary for the proper prottion of life, health or property. Every such order shall be in writing, addressed to the owner, ag responsible for the premises on which such condition exists and time when such order shall be complied with, which shall allow ten days in which such order shall be complied with by the person, firm or corporation shall never exceed the maximum period for which such constructio maintained in the judgment of the Administrative Authority. Refusal, failure or neglect to comply with such notice or order violation of this chapter. C. Authority to Stop Work. Whenever any construction regulated by this chapter is being or has been done contrary to the requirements of this chapter, the Administrative Authority may order all work stopped on that portion of the installation o occurred and to order the removal or correction on which the vio Every such order shall be in writing, stating the nature of the violation and fixing limit for compliance. No person shall do any work on any portion of the equipment regulated by this chapter after a stop order has been issued, ex directions ofthe Administrative Authority. 16.32.070 Permit - Required. A. No pool installation, alteration or repair work shall be commenc such work has first been obtained from the Administrative Author B. All bodies of water sixteen inches in depth or greater require permits. 1. The issuance of a permit, based upon submitted plans and specifi prevent the Administrative Authority from thereafter requiring t in said plans and specifications, or from preventing construction operations being carried on thereunder, when in violation of this chapter or any ordinance or from revoking any approval when issued in error. Council Agenda: November4, 2013 Page: 51 Revision Date: October 29, 2013 323 2. No person shall permit any other person to do or cause or permit to be done any pool work under any permit secured by such persons, except licensed s employ. 16.32.071 Application for permit. A. Any person legally entitled to apply for and receive a permit sh on forms provided for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy in connection therewith. The Administrative Authority requires plans, specifications or drawings and such other information as he may deem necessary and Section 16.32.070. B. Application for permits for new construction shall be accompanied by plans and specifications in duplicate and in sufficient detail including t Plot plan with site grades, dimensioned, and drawn to a scale of-eighth inch per foot, and showing at least the following: 1. Property lines, easements and rights-of-way of record; 2. Existing structures, fencing, retaining walls, and other relevanAny portion of a pool which is constructed below grade as regulated designed and constructed for this type of installation and for possible surcharge from a structure on the premises or from a structure located at propert properties; 3. Proposed pool shape, dimensioned, and located to show setbacks, clearance from existing structures; 4. Proposed mechanical equipment pad, dimensions and location. All heaters, pumps, filters, and related equipment shall be bolted to a one-piece, three inch slab or thicker, if weight of equipment dictates; 5. Proposed deckwork configuration showing its anticipated drainage; 6. Anticipated overall drainage of pool site.The contractor shall provide an elevation at pool and at a fixed point in the vicinity of the pool to correla drainage; 7. Volume, system flow rate in gallons per minutes, and turnover in hours; 8. Type and size of filtration system and means of water disposal; 9. Type and size of pool heater if included, including method of ve for combustion air; Council Agenda: November4, 2013 Page: 52 Revision Date: October 29, 2013 324 10. Pool piping layout with all sizes shown and types of material to be used, and the location of the main outlet, surface skimmers and inlets; 11. The rated capacity of the pool pump in gallons per minute at the size and type of motor indicated and identified as self-priming or straight centrifugal; 12. Means of adding make up water; 13. Show size, length from source to heater and routing of gas line. All underground gas piping shall have an approved wrap and be buried a minimum of twe inches unless protected by concrete walks or decks; 14. Show location of any overhead electrical service drops. The required clearance of overhead electrical service wires shall conform to the current N as adopted by the city; 15. Pool contractor shall provide information on pool excavator; Cit provide forms. See Appendix A. C. Engineering Requirements for All Pools. 1. Plans are required showing structural steel design and layout su calculations.The design shall comply with the current Uniform Building Code, by the city. Plans and calculations shall be signed by the engin 2. The engineer of record shall indicate acknowledgment of site andons for hillside pool installations. E. Ground Fault Interrupters. Electric power extended to rear yard or new added receptacle outlets for storable or portable pools shall be placed on an ele ground fault interrupter to conform with the current adopted National Electrical Code of the city. F. Bonding. All provisions for bonding of metallic equipment, pool lighting, valves, piping, diving boards, slides, ladders, railings shall b to pool reinforcing. G. If the Administrative Authority determines that the plans, speci descriptions or information furnished by the applicant is in com he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. The above requirements shall not void any requirements by any ot agency having jurisdiction. 16.32.072 Cost of permit. Council Agenda: November4, 2013 Page: 53 Revision Date: October 29, 2013 325 A. Every applicant for a permit to install, alter or repair a pool m or part thereof shall state in writing on the application form provided for that purpo proposed to be done and the amount and kind in connection therew information pertinent thereto as may be required. B. Such applicant shall pay for each permit issued a fee in accorda referred to in Section 16.32.072 and at the rate provided for each classification shown therein. A plan check fee shall be paid upon presentation of plans for pl C. Any person who commences any pool work for which a permit is req without first having obtained a permit therefor shall, if subseqto obtain a permit, pay double the permit fee fixed by Section 16.32.072 for such work; provided however, that this provision shall not apply to emergency work wated to the satisfaction of the Administrative Authority that such work that it was not practical to obtain a permit therefor before the In all such cases, a permit must be obtained as soon as it is prctical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as charged. 16.32.073 Schedule of fees. Fees shall be based on valuation and conform to the schedule as Uniform Building Code, and in addition, one-half the permit will be charged for a plan check. A. All Work to Be Inspected. All pool installations or alterations thereto including equipment, piping and appliances related thereto shall be inspecAdministrative Authority to insure compliance with the requirements of this cha B. Called Inspections. It shall be the duty of the person doing the work authorized by permit to notify the Administrative Authority that said work is spection. Such notification shall be given not less than twenty-four hours before the work is to be inspected.The Administrative Authority may waive the requirement of writte 1. Pregunite inspection is required when all steel is in place, piping from the pool area is in with pressure test, all steel and related attachments are underwater light housing is installed; Council Agenda: November4, 2013 Page: 54 Revision Date: October 29, 2013 326 2. An inspection is required for all conduit and gas piping under s poured; 3. Final inspection is required after all equipment is in place and filled with water and all fences and gates are installed; 4. A reinspection fee of five dollars per inspection will be charge over two where the work is not ready or corrections have not bee 5. The owner shall arrange with the Building Department for inspect property to make necessary inspections in connection with the po 16.32.080 Penalty. Except where otherwise specified, any person who violates any of chapter shall be guilty of a misdemeanor and, upon conviction th as provided in Chapter 1.12. 16.32.090 Correction of errors. The issuance of a permit upon plans and specifications shall not Administrative Authority from thereafter requiring the correctio and specifications or from preventing construction operations being carrie when in violation of this chapter or of any other ordinance or f of approval when issued in error. 16.32.100 Expiration of permit. Every permit issued by the Administrative Authority under the provisions o chapter shall expire by limitation and becomes null and void if such permit is not commenced within sixty days from the date of work authorized by such permit is suspended or abandoned at any time after commenced for a period of sixty days. Before such work can be recommenced, a new permit shall be first obtained. SECTION 9. The Title of Chapter 16.36 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 16.36: MOVING RELOCATION OFBUILDINGS Council Agenda: November4, 2013 Page: 55 Revision Date: October 29, 2013 327 Section 16.36.010 Definitions. 16.36.020 Permit-Required. 16.36.030 Permit-Application. 16.36.040 Moving notice. 16.36.050 Permit-Issuance-Hearing. 16.36.055 Permit-Fees. 16.36.060 Permit-Bond. 16.36.070 Permit-Conditions. 16.36.080 Contiguous land. 16.36.090 Metal tires prohibited. 16.36.100 Roller restrictions. 16.36.110 Truck requirements. 16.36.120 Person in charge-Duties. 16.36.130 Violation-Penalty. SECTION 10. Section 16.36.010 of Chapter 16.36 of Title 16 of the Cupertino is hereby repealed: 16.36.010 Definitions. For the purposes of this chapter the following terms, phrases, w shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory. A. Building means a structure designated, built or occupied as a enclosure for persons, animals or property and used for resident storage, commercial, industrial, institutional, assembly, educational or recreational A structure containing less than one hundred square feet of floo this definition; B. Building Inspector means the Building Inspector of the city; C. City means the City of Cupertino; D. Person means any person, firm, partnership, association, corpo organization of any kind. Council Agenda: November4, 2013 Page: 56 Revision Date: October 29, 2013 328 SECTION 11. Section 16.36.020 of Chapter 16.36 of Title 16 of the Cupertino de is hereby amended to read as follows: 16.36.020 Permit-Required. No person shall move any building over, along or across any high city without first obtaining a permit from the Building Inspector Department. SECTION 12. Section 16.36.030 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.030 Permit-Application. A person seeking issuance of a permit hereunder shall file an ap the Building Inspector Department: A. Form. The application shall be made in writing, upon forms provided by Inspector Department, and shall be filed in the office of the Building Inspector Official; B. Contents. The application shall set forth: 1. A description of the building proposed to be moved, giving stree materials, dimensions, number of rooms and condition of exterior 2. A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city, 3. A legal description of the lot to which it is proposed such buil lot, block and tract number, if located in the city, 4.The portion of the lot to be occupied by the building when moved, 5.The highways, streets and alleys over, along or across which the be moved, 6.Proposed moving date and hours, 7. Any additional information which the Building Inspector Official shall find necessary to a fair determination of whether a permit should issue; C. Accompanying Papers. 1. Tax Certificate. The owner of the building to be moved shall file with the applic sufficient evidence that the building and lot from which it is to be removed are free of a entanglements and that all taxes and any City charges against th Council Agenda: November4, 2013 Page: 57 Revision Date: October 29, 2013 329 2. Certificate of Ownership or Entitlement.The applicant, if other than the owner, shall file with the application a written statement or bill of sale sig sufficient evidence, that he is entitled to move the building. SECTION 13. Section 16.36.040 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.040 Moving Notice. Upon receiving an application to move an old or previously occup Inspector Officialshall cause a notice to be posted on the front and rear of the p location and on the front of the building proposed to be moved. Such notice shall have a title in letters not less than one inch shall give the location of the house by street and number and th applicant desiring a permit to move such building. SECTION 14. Section 16.36.050 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.050 Permit-Issuance-Hearing. After the above described notices have been inplace seventy-two hours, excluding Sundays and holidays, and no written protests have been received, the BuInspectorOfficialshall issue the permit subject to all the provisions of this chapter.If any written protests are filed with the BuildingInspector Department, he shall set a time shall be set for a hearing before the City Council, said time to be not sooner than three days nor lat date of the filing of the protest.The Building Inspector Official shall notify the City Council and the other interested parties of the hour set for such hearin No permit shall issue unless the City Council shall deny the protest. SECTION 15. Provisions of Section 16.36.055 and 16.36.060 of Chapter 16.36 o Cupertino Municipal Code remain unchanged. SECTION 16. Section 16.36.070 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.070 Permit-Conditions. Council Agenda: November4, 2013 Page: 58 Revision Date: October 29, 2013 330 Any permit issued under this chapter shall be subject to the following conditions: A. Certificates.No permit shall be issued unless there is first filed a certific signed by the BuildingInspector Official certifying that he examined the building and that it is structurally strong; and unless there is also filed a certificate certifying that the building on the route proposed will not result in damage of or d B. Locations Outside City. No permit shall be issued to move a building through the city from one location outside the city to another location outside t route to be followed within the city shall be approved by the BuInspector Official; C. Location Within City from Outside. No permit shall be issued to move a building from a location outside the city to a location inside the city unless t approved, and the route to be followed has been approved by the InspectorOfficial. Inspection fees shall be paid by the applicant in accordance with the requirements of City ordinances regulating building, electrical, plumbing and gas ins The lot upon which such building is to be moved shall be posted as required for bui city; D. Accessory Building. An accessory building, not over four hundred square feet in area may be moved in conjunction with the moving of a residence from same location without paying an additional fee. SECTION 17. Sections 16.36.080, 16.36.090, 16.36.100, and 16.36.110 of Chapter 16.36 o 16 of the Cupertino Municipal Code remain unchanged. SECTION 18. Section 16.36.120 of Chapter 16.36 of Title 16 of the Cupertino is hereby amended to read as follows: 16.36.120 Person in Charge-Duties. Every person in charge of the moving of any building on or over the st A. Notify the Fire Department within one-half hour after sunset of the location of the building and the route over which the building is to be moved during the night; B. Give twenty-four hours written notice to any person responsible for trimming removing wires or the doing of other things necessary to permit over the route designated; C. Maintain red lights at each corner of the building from one-half hour after sunset till one- half hour before sunrise; D. Carry insurance to cover accidents or damage to persons and prop therefor satisfactory to the Building Inspector Official; Council Agenda: November4, 2013 Page: 59 Revision Date: October 29, 2013 331 E. Notify the Sheriffs office of the time of moving and the route to be moved. SECTION 19. Section 16.36.130 of Chapter 16.36 of Title 16 of the Cupertino is hereby repealed: 16.36.130 Violation-Penalty. Any person, firm or corporation who shall violate any provision guilty of a misdemeanor, and upon conviction thereof shall be pu Chapter 1.12. SECTION 20. Chapter 16.40 of Title 16 of the Cupertino Municipal Code is her its entirety and replaced with the following Chapter 16.40 in it CHAPTER 16.40: FIRE CODE ADOPTED Section 16.40.010 Code adoption. 16.40.015 Adoption of appendix chapters. 16.40.020 Administration. 16.40.065 Permits. 16.40.070 Definitions. 16.40.080 General precautions against fire. 16.40.120 Fire apparatus access roads. 16.40.130 Access to buildings and roofs. 16.40.140 Hazards to firefighters. 16.40.150 Emergency responder radio coverage. 16.40.180 Electrical equipment, wiring and hazards. 16.40.190 Stationary storage battery systems. 16.40.195 Decorative vegetation in new and existing buildings. 16.40.210 Automatic sprinkler systems. 16.40.225 Precautions against fire. 16.40.230 Means of egress. 16.40.280 General RequirementsLumberyards and Woodworking Facilities. 16.40.300 Definitions Wildland Urban Interface Fire Area. Council Agenda: November4, 2013 Page: 60 Revision Date: October 29, 2013 332 16.40.310 Application. 16.40.320 Defensible space. 16.40.330 Fire protection plan. 16.40.340 Water Supply. 16.40.350 Ignition source control. 16.40.355 General - Hazardous Materials. 16.40.360 General requirements Hazardous Materials. 16.40.365 Storage Hazardous Materials. 16.40.370 General Explosives and Fireworks. 16.40.380 Establishment of limits of districts in which storage of Class I and II liquids i aboveground tanks is prohibited. 16.40.385 Storage Flammable and Combustible Liquids. 16.40.390 Establishment of limits of districts in which storage of Class I and II liqu outside aboveground tanks is prohibited. 16.40.400 Establishment of limits of districts in which storage of stationary tanks of flammable cryogenic liquids are to be prohibited. 16.40.410 General Highly Toxic and Toxic Materials. 16.40.430 Highly toxic, toxic and moderately toxic gases including those used as refrigerants. 16.40.435 Establishment of limits in which storage of liquefied petroleum 16.40.440 Use Silane Distribution systems automatic shutdown. 16.40.010 Code Adoption. There is hereby adopted by the City of Cupertino for the purpose regulations governing conditions hazardous to life and property that certain code known as the 2010 California Fire Code and also the 2009 International Fire Code, including Appendix Chapters B, C and J and the whole such portions as are hereinafter deleted, modified or amended by one copy has been filed for use and examination by the public in the office of Building Official and the City Fire Chief and the same adopted a if set out at length herein, and from the date on which this ordhe provision thereof shall be controlling within the limits of the The provisions of the 2013 California Fire Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as ithis chapter, and is by such reference adopted. Council Agenda: November4, 2013 Page: 61 Revision Date: October 29, 2013 333 One (1) copy of the code therefore is on file in the office of t and the Fire Code Official pursuant to Health and Safety Code Section 18942 (d) (1) and are available for public inspection. 16.40.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2010 2013 California Fire Code are hereby adopted. Appendix B: Flow Requirement for Buildings; Appendix C: Fire Hydrant Locations and Distribution; Appendix J: Emergency Responder Radio Coverage; Appendix K: Temporary Haunted Houses, Ghost Walks and Similar A 16.40.020 Administration. Add Section 101.3.1 is added to the 2013 California Fire Code to read as follows: 101.3.1 Administration. The City Manager, through the powers vested by the City Council, shall have the authority to delegate any and all responsibility enforcement of the provisions of this Code to whichever legal en interests of the City. Wherever the words "Chief", "Fire Marshal", "fire code official" Prevention Bureau", "Fire Chief" and other such similar words ar refer to such legal entity designated by the City Manager of Cupertino under the authority of the City Council of Cupertino. Wherever the words "municipality", "jurisdiction" or "city" are of Cupertino. Wherever the words "Executive Body" are used, they shall mean the City Council of Cupertino. Wherever the words "Administrator" or "Executive" are used, they Manager of Cupertino. Council Agenda: November4, 2013 Page: 62 Revision Date: October 29, 2013 334 Wherever the words "District Attorney" or "Corporation Counsel" the City Attorney of Cupertino. Wherever the words "Board of Appeal" are used, they shall mean t Cupertino or the body appointed by the Council to pass on matter 16.40.030 Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Section 3506.2 of the California Fire flammable cryogenic fluids in stationary containers is prohibiteby established as all locations of the City of Cupertino which are residential and con determined by the fire code official. 16.40.040 Establishment of limits of districts in which storage outside aboveground tanks is prohibited. The limits referred to in Section 3404.2.9.6.1 of the California of flammable or combustible liquids in aboveground tanks is proh as all locations of the City of Cupertino that are residential or congested commercial area determined by the fire code official. 16.40.050 Establishment of limits of districts in which storage aboveground tanks is prohibited. The limits referred to in Section 3406.2.4.4 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is proh as all locations of the City of Cupertino that are residential orcial areas as determined by the fire code official. 16.40.060 Establishment of limits of districts in which storage is prohibited. The limits referred to in Section 3804.2 of the California Fire of liquefied petroleum gas is restricted, are hereby established as Cupertino that are residential or congested commercial areas. Council Agenda: November4, 2013 Page: 63 Revision Date: October 29, 2013 335 Exception: LPG may be used for industrial operations or when natural gas wo provide a viable substitute for LPG. Portable containers for temporary hea uses may be permitted if stored and handled in accordance with t commercial areas for refueling portable or mobile LGP containersthe fire code official on a case by case basis. 16.40.065 Permits. Add Section [A] 105.1.4 is added to the 2013 California Fire Code to read as follows: [A] 105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire hydrant systems, fire extinguishing systems and fire alarm system Clara County Fire Department in accordance with the following ta valuation shall be limited to the value of the system for which mit is being issued. Plan review fees are 65% of the Permit Fee amount. For the purposes o amount for each permit, the plan review fee shall be added to th TOTAL VALUATIONS PERMIT FEE $1.00 TO $500.00$23.50 $501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof Additional re-inspections, in connection with the permits above, are to be pai Council Agenda: November4, 2013 Page: 64 Revision Date: October 29, 2013 336 $30.00 50.00 for each occurrence at the discretion of the fire code official. Add Section [A] 105.1.5 is added the 2013 California Fire Code to read as follows: [A] 105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows: FACILITY TYPE PERMIT FEE 1. Institutional A. More than 6 persons $75.00 - Annually B. Over 50 persons $100.00 - Annually 2. Day Care Facilities More than 6 clients $35.00 - Annually 3. Places of Assembly A. 50-300 persons $50.00 - Annually B. Over 300 persons $85.00 - Annually 4. Temporary Membrane Structures, Tents and Canopies $85.00 Each (Only those requiring permits in accordance with Section occurrence 105.6.43). Amend Section [A] 105.6.8 is amended of the 2013 California Fire Code to read as follows: [A] 105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NPT) of compressed gases in amounts listed in Table 105.6.8. Exceptions: 1. Vehicles equipped for and using compressed gas as a fuel for pro 2. Routine Maintenance. 3. For emergency repair work performed on an emergency basis, application fo be made within two working days of commencement of work. 4 2. Inert and simple asphyxiants at or below the amounts listed in T105-A 105.6.8. The permit applicant shall apply for approval to close storage, use or handling faciliti least 30 days prior to the termination of the storage, use or ha Council Agenda: November4, 2013 Page: 65 Revision Date: October 29, 2013 337 liquefied gases. Such application shall include any change or al plan. This 30-day period may be waived by the chief if there are special circu requiring such waiver. Amend Table 105.6.8of the 2013 California Fire Code to read as follows: TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES 1 TYPE OF GASAMOUNT cubic feet at NTP 2 Corrosive 200 Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount Inert and simple asphyxiant 6,000 Irritant 200 Moderately toxic 20 Other health hazards 650 Oxidizing (including oxygen) 504 Pyrophoric Any amount Radioactive Any amount Sensitizer 200 Toxic Any Amount Unstable (reactive)Any amount Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional r 1 Cubic feet measured at normal Temperature and pressure. 2 Amend Section 105.6.10 is amended of the 2013 California Fire Code to read as follows: 105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or to install a cryogenic vessel or piping system for the storag Exception: Permits are not required for vehicles equipped for and using cry fuel for propelling the vehicle or for refrigerating the lading. Amend Table 105.6.20 is amended of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 66 Revision Date: October 29, 2013 338 TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIALAMOUNT Carcinogens 10 pounds Combustible liquids See Section 105.6.16 Corrosive materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Cryogens See Section 105.6.10 Explosive materials See Section 105.6.14 Flammable materials: Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 100 pounds Highly toxic materials: Gases Any amount See Section 105.6.8 Liquids Any amount Solids Any amount Moderately toxic gas 20 Cubic Feet See Section 105.6.8 Organic peroxides: Liquids: Class I-IV Any Amount Liquids: Class V No Permit Required Solids: Class I-IV Any Amount Solids: Class V No Permit Required Oxidizing materials: Gases 504 Cubic Feet See Section 105.6.8 Liquids Any amount Solids:Any amount Other health hazards: Liquids 55 gallons Solids 500 pounds Pyrophoric materials: Gases Any amount See Section 105.6.8 Liquids Any amount Solids Any amount Radioactive materials: Gases See Section 105.6.8 Council Agenda: November4, 2013 Page: 67 Revision Date: October 29, 2013 339 Liquids See Section 105.6.50 Solids See Section 105.6.50 Toxic materials: Gases Any amount See Section 105.6.8 Liquids Any amount Solids Any amount Unstable (reactive) materials: Gases Any amount See Section 105.6.8 Liquids Any amount Solids Any amount Water reactive materials: Liquids Any amount Solids Any amount For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a.20 gallons when Table 5003.1.1(1) Note k applies and hazard identif accordance with Section 5003.5 are provided for quantities of 20 b.200 pounds when Table 5003.1.1(1) Note k applies and hazard idenfication signs in accordance with Section 5003.5 are provided for quantities of 20 Add Section [A] 105.6.48 is added to the 2013 California Fire Code to read as follows: [A] 105.6.48 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people. Add Section [A] 105.6.49 is added to the 2013 California Fire Code to read as follows: [A] 105.6.49: Institutional. A permit is required to operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institu limited to: hospitals, childrens home, home or institution for persons, home or institution for the care of aged or senile persarium, nursing or convalescent home, certified family care homes, residential care home placement facilities, halfway house, and day care nurseries capacity. Add Section [A] 105.6.50 is added to the 2013 California Fire Code to read as follows: [A] 105.6.50 Radioactives. To store or handle at any installation more than one microcurie (37,000 becquerel) of radioactive material not contained in a se amount of radioactive material for which a specific license from the Nuclear Regulator Council Agenda: November4, 2013 Page: 68 Revision Date: October 29, 2013 340 Commission. Amend Section [A] 105.7.3 is amended of the 2013 California Fire Code to read as follows: [A] 105.7.3 Compressed Gases. A construction permit is required to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A construction permit is required to install, repair dam temporarily out of service, close or substantially modify a comped gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, appli shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities a least 30 days prior to the termination of the storage, use or ha liquefied gases. Such application shall include any change or al plan. This 30-day period may be waived by the chief if there are special circu requiring such waiver. Amend Section [A] 105.7.4 is amended of the 2013 California Fire Code to read as follows: [A] 105.7.4 Cryogenic fluids. A construction permit is required for installation of or alteration to cryogenic fluid storage systems where the system c listed in Table 105.6.10. Maintenance performed in accordance wi an alteration and does not require a construction permit. Add Section [A] 106.5 is added to the 2013 California Fire Code to read as follows: [A] 106.5 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certifica granted until the Fire Department issues notice of final clearan facilities and access ways to the Building Department. Delete Section [A] 109.3: Violation penalties109.4of the 2013 California Fire Code: [A] 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements therof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or d Council Agenda: November4, 2013 Page: 69 Revision Date: October 29, 2013 341 official, or of a permit or certificate used under provisions of [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine a Each day that a violation continues after due notice has been se separate offense. 16.40.070 Definitions. The following definitions are added/amended: CARCINOGEN is a substance that causes the development of cancerous growths tissue. A chemical is considered a carcinogen if: 1. It has been evaluated by the International Agency for Research on Cancer and found to be a carcinogen or potential carcinogen, or 2. It is listed as a carcinogen or potential carcinogen in the late Report on Carcinogens published by the National Toxicology progr 3. It is regulated by OSHA as a carcinogen. CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system where the analytical instrument is maintained in continuous operation and without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30 minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a exceed 5 minutes. The gas detection system shall be able to detect the presenc below the permissible exposure limit in occupiable areas and at 50 if no established IDLH) in unoccupiable areas. CORROSIVE LIQUID. Corrosive liquid is: 1.any liquid which, when in contact with living tissue, will cause alteration of such tissue by chemical action; 2.any liquid having a pH of 2 or less or 12.5 or more; 3.any liquid classified as corrosive by the U.S. Department of Transportation; and 4.any material exhibiting the characteristics of corrosivity in ac California Code of Regulations §66261.22. DEVICE. Device is, for the purpose of Exhibit "A", an appliance or piece of equipment that plays an active part in the proper functioning of the regulated Examples include, but are not limited to the following: smoke detectors, heat detector stations, horns, alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, Council Agenda: November4, 2013 Page: 70 Revision Date: October 29, 2013 342 control panels, transponders, and other such equipment used to d annunciate, alarm, or respond according to the system design cri MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than volume of gas or vapor, when administered by continuous inhalati death occurs within one hour, to albino rats weighing between 200 and 300 grams each. MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, whic vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ: Max TQ (pounds) = LC50 (ppm) x 2 lb. For gas mixtures containing one or more toxic, highly toxic or m LC50 shall be calculated using CGA Standards P-20 and P-23 as referenced in Appendix E, Section E103.1.3.1 OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target organs of the body, including but not limited to, those materials which damage, kidney damage, damage to the nervous system, act on the blood to decrea deprive the body tissue of oxygen or affect reproductive capabil (chromosomal damage) or teratogens (effect on fetuses). SENSITIZER is a chemical that causes a substantial proportion of exposed pe to develop an allergic reaction in normal tissue after repeated WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory proced occurs. Approved or listed hazardous materials storage cabinets, cabinets or gas cabinets serving a workstation are included as pof the workstation. A workstation is allowed to contain ventilation equipment, fire pr devices, and other processing and scientific equipment. 16.40.080 General precautions against fire. AmendSection 311.1 of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 71 Revision Date: October 29, 2013 343 311.1 General. Temporarily unoccupied buildings, structures, premises or portio thereof, including tenant spaces, shall be safeguarded and maint Sections 311.1.1 through 311.4. Section 311.5 of the 2013 California Fire Codeis not adopted. The following sections are deleted: Delete Section: 311.5 Placards. Delete Section: 311.5.1 Placard Location. Delete Section: 311.5.2 Placard Size And Color. Delete Section: 311.5.3 Placard Date. Delete Section: 311.5.4 Placard Symbols. Delete Section: 311.5.5 informational Use. 311.5 Placards. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structurhazards shall be marked as required by Sections 311.5.1 through 311.5.5. 311.5.1 Placard location. Placards shall be applied on the front of the structure and be visible from the street. Additional placards shall be applie entrance to the structure and on penthouses. 311.5.2 Placard size and color. Placards shall be 24 inches by 24 inches (610 mm by 610 mm) minimum in size with a red background, white reflective reflective border. The stripes and border shall have a 2-inch (51 mm) minimum stroke. 311.5.3 Placard date. Placards shall bear the date of their application to the buildin and the date of the most recent inspection. 311.5.4 Placard symbols. The design of the placards shall use the following symbols: 1. This symbol shall mean that the structure had normal structural at the time of marking. 2. This symbol shall mean that structural or interior hazards exist fire-fighting or rescue operations should be conducted with extreme caution. 3. This symbol shall mean that structural or interior hazards exist that consideration should be given to limit fire fighting to ext with entry only occurring for known life hazards. Council Agenda: November4, 2013 Page: 72 Revision Date: October 29, 2013 344 4. Vacant marker hazard identification symbols: The following symbols shall be used to designate known hazards on the vacant building marker. placed directly above the symbol. 4.1 R/O Roof open 4.2 S/M Stairs, steps and landing missing 4.3 F/E Avoid fire escapes 4.4 H/F Holes in floor 311.5.5 Informational use. The use of these sybols shall be informational only and shall not in any way limit the discretion of the on-scene incident commander. HAZARDS TO FIRE FIGHTERS Add Section 316.6 to read: 316.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with g guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such -inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. 16.40.090 Emergency General precautions against fire. Amend Section 404.2 as follows: 404.2 Where Required. An approved fire safety and evacuation plan shall be prepared an maintained for the following occupancies and buildings. 1. Group A buildings having an occupant load of 100 or more persons. 2. Group B buildings having an occupant load of 500 or more. 3. Group E: See § 3.13 Title 19, CCR for regulations. 4. Group H. 5. Group I. See § 3.09 Title 19, CCR for regulations. 6. Group R-1. See § 3.09 Title 19, CCR for regulations. 7. Group R-2 college and university buildings. 8. Group R-4. Council Agenda: November4, 2013 Page: 73 Revision Date: October 29, 2013 345 9. Group M buildings having an occupant load of 500 or more persons 10. Covered malls exceeding 50,000 square feet (4645 m) in aggregate floor area. 2 11. Underground buildings. Amend Section 404.3.1 as follows: 404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following: 1. Emergency egress or escape routes and whether evacuation of the building is to be complete or, where approved, by selected floors or areas only. 2. Description of what the fire alarm, if required, sounds and look visual warning devices). 3. Procedures for employees who must remain to operate critical equipment before evacuating. 4. Procedures for accounting for employees and occupants after evac completed. 5. Identification and assignment of personnel responsible for rescuergency medical aid. 6. The preferred and any alternative means of notifying occupants o 7. The preferred and any alternative means of reporting fires and o fire department or designated emergency response organization. 8. Identification and assignment of personnel who can be contacted information or explanation of duties under the plan. 9. A description of the emergency voice/alarm communication system preprogrammed voice messages, where provided. Amend Table 405.2 as follows: TABLE 405.2 FIRE AND EVACUATION DRILL FREQUENCY AND PARTICIPATION GROUP OR FREQUENCY PARTICIPATION OCCUPANCY Group A Quarterly Employees Group B Annually Employees a Group E See § 3.13 Title 19, CCR Council Agenda: November4, 2013 Page: 74 Revision Date: October 29, 2013 346 Group I See § 3.13 Title 19, CCR Group R-1 See § 3.13 Title 19, CCR Group R-2Four annuallyAll occupants b High-rise buildingsSee Title 19, Cal. Code Regs. § 3.09 c Group B buildings having an occupant load of 500 or more persons. a. Applicable to Group R-2 college and university buildings only b. Applicable to high-rise office buildings only. c. 16.40.100 Use and occupancy-related requirements. Section 408.2.2 is deleted: Section 408.3.1 is deleted: Section 408.3.2 is deleted: Section 408.3.3 is deleted: Section 408.3.4 is deleted: Section 408.5.1 is deleted: Section 408.5.2 is deleted: Section 408.5.3 is deleted: Section 408.5.4 is deleted: Section 408.5.5 is deleted: Section 408.6 is deleted: Section 408.6.1 is deleted: Section 408.6.2 is deleted: Section 408.7 is deleted: Section 408.7.1 is deleted: Section 408.7.2 is deleted: Section 408.7.3 is deleted: Section 408.7.4 is deleted: Section 408.8 is deleted: Section 408.8.1 is deleted: Section 408.8.2 is deleted: Section 408.8.3 is deleted: Amend Section 408.9 to read: 408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and Council Agenda: November4, 2013 Page: 75 Revision Date: October 29, 2013 347 university buildings shall comply with the requirements of Secti and Sections 401 through 406. Add Section 408.9.4 to read: 408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each school year shall be conducted within 10 days of the beginning o Add Section 408.9.5 to read: 408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hour the day or evening, during the changing of classes, when the school i recess or gymnastic periods, or during other times to avoid dist actual fires. In Group R2 college and university buildings, one required drill shall be held during hours after sunset or before sunrise. Section 408.10 is deleted: Section 408.10.1 is deleted: Section 408.10.2 is deleted: Section 408.10.3 is deleted: Section 408.10.4 is deleted: Section 408.10.5 is deleted: Amend Section 408.11.1.2 to read: 408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessa keep them current. 16.40.110 Fire service features. 16.40.120 Fire apparatus access roads. Amend Section 503.1 of the 2013 California Fire Code to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 503.1.2 and as per Fire Department access road Standards. Council Agenda: November4, 2013 Page: 76 Revision Date: October 29, 2013 348 Amend Section 503.1.1 as follows: 503.1.1 Building and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter cons the jurisdiction.The fire apparatus access road shall comply with the requirements of this section and shall extend within 150 feet (45,720 mm) of all port first story of the building as measured by an approved route aro building or facility. Exception: 1. When the building is equipped throughout with an approved automa installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903 increased to 300 feet. 2. When fire apparatus roads cannot be installed because of topography, water nonnegotiable grades or other similar conditions, an approved al protection shall be provided. Amend Section 503.2.1 of the 2013 California Fire Code to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm). Exception: When there are not more than two Group R, Division 3, or Group U the access road width may be modified by the fire code official. Repeal Section 503.7 of the 2013 California Fire Code to read as follows: 503.7 Traffic Calming Devices. Traffic Calming Devices such as speed humps, traffic circles or other physical measures intended to control vehicle speed on prohibited unless approved by the fire code official. 16.40.130 Access to buildings and roofs. Add Section 504.4 504.5 to the 2013 California Fire Code to read as follows: 504.4 504.5 Access Control Devices.When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire dep Council Agenda: November4, 2013 Page: 77 Revision Date: October 29, 2013 349 emergency access to the building, are installed, such devices sh official. All electrically powered access control devices shall be provided wiproved means for deactivation or unlocking from a single location or ot department. Access control devices shall also comply with Chapter 10 Egress. 16.40.140 Hazards to firefighters. Add Section 507.4 504.6 to the 2013 California Fire Code to read as follows: 507.4 504.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with g guardrail shall not be lessthan 42 inches in height above the adjacent roof surface that ca walked on. Intermediate rails shall be designed and spaced such -inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. 16.40.150 Emergency Responder Radio Coverage. Amend Section 510.1 as follows: Repeal amended Section 510.1. 510.1 Emergency responder radio coverage in buildings. All buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications system of th the building. This section shall not require improvement of the communications system. Emergency responder radio coverage systems shall be installed in accordance with Section 510 and Appendix J. Add Section 510.1.1 to the 2013 California Fire Code to read as follows: 510.1.1 Obstruction by new buildings. When determined that a new structure obstructs the line of sight emergency radio communications to existing buildin the developer of the structure shall provide and install the rad necessary to restore communications capabilities. The equipment shall be located in an approved space or area within the new structure. Council Agenda: November4, 2013 Page: 78 Revision Date: October 29, 2013 350 16.40.160 Building service and features. 16.40.180 Electrical equipment, wiring and hazards. Add Section 605.11 to the 2013 California Fire Code to read as follows: 605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protectidevices shall be provided. 16.40.190 Stationary storage battery systems. Add Section 608.6.4 to the 2013 California Fire Code to read as follows: 608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage the charging system. 16.40.195 Decorative Vegetation in New and Existing Buildings. Amend Section 806.1.1 of the 2013 California Fire Code to read as follows: Display inside buildings. The display of Christmas trees and other decorative vegetation s be in accordance with the California Code of Regulations, Title Sections 806.1 through 806.5. Exceptions: Deleted Exceptions: 1.Trees located in areas protected by an approved automatic sprink in accordance Section 903.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2.Trees shall be allowed within dwelling units in Group R-2 occupancies. 16.40.210 Automatic sprinkler systems. Amend Section 903.2 of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 79 Revision Date: October 29, 2013 351 903.2 Where required.Approved automatic sprinkler systems in new and existing buildin and structures shall be provided in the locations described in t through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1.In other than residential buildings which require the installatifire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and struct Exceptions: a.Group A, B, E, F, I, L, M, S and U occupancy buildings Buildings and structures that do not exceed 1,000 square feet of building area and that a the Wildland-Urban Interface Fire Area. b.Group A, B, E, F, I, L, M, S and U occupancy buildings Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area. c.Group S-2 or U occupancies that are not located in the Wildland-Urban Interface and used exclusively for vehicle parking and meeting all of the conditions: i.Noncombustible construction ii.Maximum building area not to exceed 5,000 square feet iii.Structure is open on three (3) or more sides iv.Minimum of 10 feet separation from existing buildings unless are separated by fire walls complying with CBC 706. 2.An automatic sprinkler system shall be provided throughout existing buildings and structures when alterations or additions are made that create co Sections 903.2.1 through 903.2.18. 3.An automatic sprinkler system shall be provided throughout exist structures, when additions are made that increase the building a square feet. Exception: One or more additions made to a building after January 1, 2011 t more than 1,000 square feet of building area. Council Agenda: November4, 2013 Page: 80 Revision Date: October 29, 2013 352 4.An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are ex 50%. 5.Any change in the character of occupancy or in use of any buildi equal to or greater than 3,600 square feet which, in the opinion of the fire co Building Official, would place the building into a more hazardous division of the occupancy group or into a different group of occupancies and con degree of life safety or increased fire risk, shall require the installation of an approved 12 fire automatic fire sprinkler system. Life Safety Increased occupant load, public assembly areas, public meeting a 1 churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities with non-ambulatory; Fire Risks High-piled combustible storage, woodworking operations, hazardous 2 operations using hazardous materials, increased fuel loads (storage of moderate highly combustible materials), increased sources of ignition (we with the use of flammable liquids and open flames). Amend Section 903.3.1.1 of the 2013 California Fire Code to read as follows: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic spri with this section, sprinklers shall beinstalled throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards. For new buildings having no designated use or tenant, the minimu shall be Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet Amend Section 903.3.1.2 to read: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall b accordance with NFPA 13R and local standards. Amend Section 903.3.1.3 to read: Council Agenda: November4, 2013 Page: 81 Revision Date: October 29, 2013 353 903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13D and local standards. Amend Section 912.2 to read: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus a the system will not obstruct access to the building for other fi The location of fire department connections shall be approved by the fire code official. 16.40.220 Fire safety during construction and demolition. 16.40.225 Precautions against fire. Add Section 1404.8 3304.8 to the 2013 California Fire Code to read as follows: 1404.8 3304.8 Fire Walls. When firewalls are required, the wall construction shall be completed (with all openings protected) immediately after the bu- protected at the location of the wall(s). 16.40.230 Means of egress. Amend Section 1411.1 3311.1 of the 2013 California Fire Code to read as follows: 1411.1 3311.1 Stairways Required. Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openi adequately protected) after exterior walls/windows are in place. existing, occupied buildings shall be lighted and maintained clear of debris and construc materials at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstruct on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). Council Agenda: November4, 2013 Page: 82 Revision Date: October 29, 2013 354 Add Section 1411.1.1 3311.1.1 to the 2013 California Fire Code to read as follows: Section 1411.1.1 3311.1.1 Required Means Of Egress. All new buildings under construction shall have at least one unobstructed means of egress. All means the prefire plan. See Section 1408.2 3308.2. 16.40.240 Semiconductor fabrication facilities. 16.40.250 Definitions. Amend the following definition to read: CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system where the analytical instrument is maintained in continuous operation and without interruption. Analysis is allowed to be performed on a cl basis at intervals not to exceed 30 minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a exceed 5 minutes. The gas detection system shall be able to detect the presence of a gas at or below the permissible exposure limit in occupiable areas and at 50 if no established IDLH) in unoccupiable areas. Delete Definition: Workstation. 16.40.260 Storage of wood chops and hogged material associated with timber and lumber production facilities. Add Section 1907.6 to read: 1907.6 Fire Protection Water Supply System.An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provided for open storage yards and processing areas. Hydrant systems shall be installed in acco 16.40.270 Storage and processing of wood chops, hogged material product associated with yard waste and recycling facilities. Council Agenda: November4, 2013 Page: 83 Revision Date: October 29, 2013 355 Add Section 1908.11 to read: 1908.11 Fire Protection Water Supply System.An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall b open storage yards and processing areas. Hydrant systems shall be installed in a 16.40.280 General Requirements Lumberyards and Woodworking Facilities. Add Section 2803.8 to the 2013 California Fire Code to read as follows: 2803.8 Fire Protection Water Supply System. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be pr and processing areas. Hydrant systems shall be installed in acco 16.40.290 Hazardous materials. 16.40.460 16.40.300 Definitions Wildland Urban Interface Fire Areas. Amend definition of Wildland-Urban Interface Fire Area as follows: Wildland-Urban Interface Fire Area is a geographical area identified by the state as a Fire Hazard Severity Zone in accordance with the Public Resources Co 4204 and Government Code Sections 51175 through 51189, or other enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable referenced sections of the Government Code and the Public Resour- Urban Interface Fire Area shall be defined as all areas within t and delineated on the map entitled "Wildland-Urban Interface Fire Area which map and all notations, references, data and other information shown thereon a part of this chapter. The map properly attested, shall be on f of the City of Cupertino. 16.40.475 16.40.310 Application. Amend Section 4906.2 of the 2013 California Fire Code to read as follows: 4906.2 Application. Buildings and structures located in the following areas shall ma the required hazardous vegetation and fuel management: Council Agenda: November4, 2013 Page: 84 Revision Date: October 29, 2013 356 1. All unincorporated lands designated by the State Board of Forest as State Responsibility Areas (SRA) including: 1.1. Moderate Fire Hazard Severity Zones 1.2. High Fire Hazard Severity Zones 1.3. Very-High Fire Hazard Severity Zones 2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban Interface Fire Area by the City of Cupertino. 16.40.480 16.40.320 Defensible space. Amend Section 4907.1 of the 2013 California Fire Code to read as follows: 4907.1 General. Defensible space will be maintained around all buildings and str Sate Responsibility Area (SRA) as required in Public Resources C Regulations California Code of Regulations, Title 14, Division 1.5, Chapt Section 1270. Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outGovernment Code 51175 51189 and any local ordinance of the authority having jurisdicti Defensible space shall also be provided around water tank struct and pump houses. Persons owning, leasing, controlling, operating or maintaining buildings or structures in the locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard Severity Zone and persons owning, leasing or controlling buildings or structures, shall at all times: Maintain an effective defensible space by removing and clearing 1. vegetation and combustible growth from areas within 30 feet (914 or structures. Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly from the native growth to any structure. Maintain additional effective defensible space by removing brush 2. Council Agenda: November4, 2013 Page: 85 Revision Date: October 29, 2013 357 and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by the fire code official due to steepness of terrain or other c defensible space of only 30 feet (9144 mm) to be insufficient. Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches (457 mm) in heig need not be removed where necessary to stabilize the soil and pr Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a 3. chimney. Maintain trees adjacent to or overhanging a building free of dea 4. Maintain the roof of a structure free of leaves, needles or othe 5. Remove flammable vegetation a minimum of 30 feet around liquefied petroleum gas 6. tanks/containers. Firewood and combustible materials shall not be stored in unencl 7. buildings or structures, or on decks or under eaves, canopies or overhangs. The storage of firewood and combustible material within the defensible space shall be located a minimum of 30 feet (6096 mm) from structures crown of trees by a minimum horizontal distance of 15 feet (4572 Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official. Clear areas within 10 feet (3048 mm) of fire apparatus access roads an- 8. fire-resistive vegetation growth. Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as greengrass, ivy, succulents or similar plants use provided they do not form a means of readily transmitting fire. Add Section 4907.2 to the 2013 California Fire Code to read as follows: 4907.2 Corrective Actions. The executive body is authorized to instruct the fire code offic give notice to the owner of the property upon which conditions r exist to correct such conditions. If the owner fails to correct such conditions the executive Council Agenda: November4, 2013 Page: 86 Revision Date: October 29, 2013 358 body is authorized to cause the same to be done and make the exp lien upon the property where such conditions exists. 16.40.485 16.40.330 Fire protection plan. 16.40.490 Access. Add Section 4909 to read: 4909.1 General. Buildings and structures, or portions thereof, hereafter constru relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire apparatus access in accordance with Chapter 5 and Section 4909.2. 4909.2 Driveways. Driveways in excess of 150 feet (45 720 mm) in length shall be p with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less t (6096 mm) in width shall be provided with turnouts in addition to turnarounds. An all- weather surface shall be any surface material acceptable to the A driveway shall not serve in excess of two dwelling units. Exception: When such driveways meet the requirements for an access road in accordance with this chapter. Driveway turnarounds shall be in accordance with Fire Department that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds. Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30 feet (9144 mm) long. Driveway turnouts shall be located as re Vehicle load limits shall be posted at both entrances to bridges on roads. Design loads for bridges shall be established by the code 4908.1 General. When required by the code official, a fire protection plan shall 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammab conditions and fire history. The plan shall address water supplyuilding ignition and Council Agenda: November4, 2013 Page: 87 Revision Date: October 29, 2013 359 fire-resistance factors, fire protection systems and equipment, defen management. 4908.3 Cost. The cost of fire protection plan preparation and review shall be of the applicant. 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code offi 16.40.500 16.40.340 Water Supply. Add Section 4910 4909 to the 2013 California Fire Code to read as follows: 4910.1 4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection water supplies in accordance with Chapter 5 and Secti Exception: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 4910.2 Clearance of Fuel. Defensible space shall be provided around water tank structures, water supply pumps and pump houses in accordance with Section 4907. 4910.3 4909.2 Standby Power. Stationary water supply facilities within the wildland-urban interface area dependent on electrical power to meet adequate wa provide standby power systems in accordance with the Electrical Code to ensure that an uninterrupted water supply is maintained. The standby power sour providing power for a minimum of two hours. Exceptions: 1. When approved by the code official, a standby power supply is noed where the primary power service to the stationary water supply facilit 2. A standby power supply is not required where the stationary wate serves no more than one single-family dwelling. 16.40.560 General requirements for suppression and control. Add Section 4911 to read: Council Agenda: November4, 2013 Page: 88 Revision Date: October 29, 2013 360 4911.1 Scope. The provisions of this chapter establish general requirements ap new and existing properties located within the Wildland-Urban Interface Fire Area. 4911.2 Clearance of Brush or Vegetative Growth From Roadways. The code official is authorized to require areas within 10 feet (3048 mm) on each sid access roads and driveways to be cleared of non-fire-resistive vegetation growth. Exception: Single specimens of trees, ornamental vegetative fuels or cultiv such as greengrass, ivy, succulents or similar plants used as gr not form a means of readily transmitting fire. 4911.3 Access Restrictions 4911.3.1 Restricted Entry To Public Lands.The code official is authorized to determine and publicly announce when the Wildland-Urban Interface Fire Area shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of the Wildland- Urban Interface Fire Area, except public roadways, inhabited are campsites that have not been closed during such time when the wi-urban interface area is closed to entry, is prohibited. Exception: 1. Residents and owners of private property within the Wildland-Urban Interface Fire Area and their invitees and guests going to or being on their la 2. Entry, in the course of duty, by peace or police officers, and oauthorized public officers, members of a fire department and members of the Service. 4911.3.2 Use of Fire Roads and Defensible Space. Motorcycles, motor scooters and motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or defensible space beyond the point where travel is restricted by the permission of the property owners. Vehicles shall not be par the entrance to a fire road or defensible space. Exception: Public officers acting within their scope of duty. Radio and tel wires thereto, and other obstructions shall not be installed or defensible spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space. Council Agenda: November4, 2013 Page: 89 Revision Date: October 29, 2013 361 4911.3.3 Use of Motorcycles, Motor Scooters, Ultra light Aircraf Motorcycles, motor scooters, ultra light aircraft and motor vehi within the Wildland-Urban Interface Fire Area, without a permit by the code official clearly established public or private roads. Permission from the presented when requesting a permit. 4911.3.4 Tampering with Locks, Barricades, SignsAnd Address Markers. Locks, barricades, seals, cables, signs and address markers installed within the Wi-Urban Interface Fire Area, by or under the control of the code official, shall not be destroyed or removed. Gates, doors, barriers and locks installed by or under the control of t be unlocked. 16.40.650 16.40.350 Ignition source control. Add Section 4912 to read: 4912.1 General. Ignition sources shall be in accordance with Section 4912. 4912.2 Clearance from Ignition Sources. Clearance between ignition sources and grass, brush or other combustible materials shall be maintained a minim 4912.3 Smoking.When required by the code official, signs shall be posted stating NO SMOKING. No person shall smoke within 15 feet (4572 mm) of combu- fire-resistive vegetation. Exception: Places of habitation or in the boundaries of established smoking designated by the code official. 4912.4 Equipment and Devices Generating Heat, Sparks or Open Fla Equipment and devices generating heat, sparks or open flames capable of igniti not be used in the Wildland-Urban Interface Fire Area without a permit from the code official. Exception: Use of approved equipment in habitated premises or designated ca are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas. 4912.5 4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area. Council Agenda: November4, 2013 Page: 90 Revision Date: October 29, 2013 362 16.40.660 Outdoor fires. Add Section 4913 to read: 4913.1 General. No person shall build, ignite or maintain any outdoor fire of an any purpose in or on any Wildland-Urban Interface Fire Area, except by the authority of a written permit from the code official. Exception: Outdoor fires within inhabited premises or designated campsites are in a permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet (9144 mm) from any combustible material or non-fire-resistive vegetation. 4913.2 Permits. Permits outdoor fires shall incorporate such terms and condition reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in Wildland Urban Interface Fire Areas under the foll 1. When high winds are blowing, 2. When a person 17 years old or over is not present at all times twatch and tend such fire, or 3. When a public announcement is made that open burning is prohibit 4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, out fireplace or grill for the disposal of rubbish, trash or combustible waste material. 4913.4 Outdoor Fireplaces, Permanent Barbecues and Grills. Outdoor fireplaces, permanent barbecues and grills shall not be built, installed or maintained-Urban Interface Fire Area without approval of the Building or Fire Code Official. Outdoor fireplaces, permanent barbecues and grills shall be loca (9144 mm) from any combustible material or non-fire-resistive vegetation and shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrestor, screen or doo section, ignition-resistant material shall not be considered to be combustible mat Exception: When approved by the Building or Fire Code Official, unprotected openings and grills necessary for proper functioning. 16.40.670 Liquified petroleum gas installations. Add Section 4914 to read: 4914.1 Vegetation Clearance around Tanks/Containers. Flammable vegetation shall be cleared a minimum of 30 feet around liquefied petroleum gas tank 16.40.680 Storage of firewood and combustible materials. Add Section 4915 to read: Council Agenda: November4, 2013 Page: 91 Revision Date: October 29, 2013 363 4915.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, can overhangs. The storage of firewood and combustible material with be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm). 4915.2 Storage for Off-Site Use. Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official. 16.40.690 Dumping. Add Section 4916 to read: 4916.1 Waste Material. Waste material shall not be placed, deposited or dumped in the Wildland-Urban Interface Fire Area, or in, on or along trails, roadways os or against structures in the Wildland-Urban Interface Fire Area. Exception: Approved public and approved private dumping areas. 4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or o the Wildland-Urban Interface Fire Area. Exception: 1. In the hearth of an established fire pit, camp stove or fireplac 2. In a noncombustible container with a tight fitting lid, which is safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures. 3. Where such ashes or coals are buried and covered with 1 foot (30 not less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures. 16.40.700 Protection of pumps and water storage facilities. Add Section 4917 to read: 4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a minimum of 30 feet from water storage equipment and pumping faci 16.40.300 16.40.355 General - Hazardous Materials. Amend Section 2701.2.2.2 5001.2.2.2of the 2013 California Fire Code to read as follows: 2701.2.2.2 5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard. 1.Highly toxic and toxic materials. 2.Corrosive materials. 3.Moderately toxic gas. Council Agenda: November4, 2013 Page: 92 Revision Date: October 29, 2013 364 4.Other health hazards. 16.40.310 Definitions. Amend the following definition to read: SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable containing the material, without discharge, for a period of time detection and remedy of the primary containment failure. 16.40.320 16.40.360 General requirements -Hazardous Materials. Add Section 2703.1.3.1 5003.1.3.1 to the 2013 California Fire Code to read as follows: 2703.1.3.1 5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials.The storage, use and handling of toxic, highly toxic and moderat gases in amounts exceeding Table 3704.2 6004.2 or 3704.3 6004.3 shall be in accordance with this chapter and Chapter 37 60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with th highly toxic or moderately toxic gases. Add Section 2703.1.5 5003.1.5 to the 2013 California Fire Code to read as follows: 2703.1.5 5003.1.5 Other Health Hazards Including Carcinogens, Irritants and Sensitizers. The storage, use and handling of materials classified as other h carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance w27035003. Add Section 2703.1.6 5003.1.6 to the 2013 California Fire Code to read as follows: 2703.1.6 5003.1.6 Spill Control and Secondary Containment Requirements. A containment system shall be required for all hazardous materials, which are temperature, and pressure (NTP) where a spill is determined to b where such an event would endanger people, property or the environment be substantial, capable of safely and securely containing a sudd Design criteria shall be performance oriented and constructed ofnd chemically compatible materials to resist degradation and provide structura period of time reasonably necessary to ensure detection, mitigat system. Regardless of quantities, spill control andsecondary containment for outdoor storage Council Agenda: November4, 2013 Page: 93 Revision Date: October 29, 2013 365 areas shall also comply with Section 2704.2.2.4 5004.2. Monitoring of secondary containment shall be accordance with Section 2704.2.2.5. Amend Section 2703.2.2.1 5003.2.2.1 of the 2013 California Fire Code to read as follows: 2703.2.2.1 5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance w 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and and durability to withstand the pressure, structural and seismic they are subject. 2. Piping and tubing shall be identified in accordance with ASME A1 County Fire Chiefs Marking Requirements and Guidelines for Hazar Hazardous Waste to indicate the material conveyed. 3. Readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing at a. The point of use. b. The tank, cylinder or bulk use. 4. Manual emergency shutoff valves and controls for remotely activated emerg shutoff valves shall be identified and the location shall be cle indicated by means of a sign. 5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauth hazardous materials. 6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4 Flammability Class 4 Reactivity Class 4 in accordance with NFPA 704 are carried in pressurized piping ab square inch gauge (psig)(103 Kpa), an approved means of leak det and excess flow control shall be provided.Where the piping originates from within a Council Agenda: November4, 2013 Page: 94 Revision Date: October 29, 2013 366 hazardous material storage room or area, the excess flow control storage room or area. Where the piping originates from a bulk source, the excess flow shall be located as close to the bulk source as practical. Exception: a. Piping for inlet connections designed to prevent backflow. b. Piping for pressure relief devices. 7. Secondary containment or equivalent protection from spills shallded for piping for liquid hazardous materials and for highly toxic and toxic co quantities listed in Tables 3704.2 6004.2and 3704.3 6004.3. Secondary containment includes, but is not limited to double walled piping. Exception: 1. Secondary containment is not required for toxic corrosive gases constructed of inert materials. 2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm a fail-safe-to-close valve activated by a loss of vacuum. 8. Expansion chambers shall be provided between valves whenever the be subjected to thermal expansion.Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials. Amend Section 2703.2.2.2 5003.2.2.2 of the 2013 California Fire Code to read as follows: 2703.2.2.2 5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materi Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 s be in accordance with ASME B31.3 and the following: 1. Piping and tubing utilized for the transmission of toxic, highly corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a g drainage or containment is provided for connections if the mater 2. Piping and tubing shall not be located within corridors, within any portion of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies. Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancie Council Agenda: November4, 2013 Page: 95 Revision Date: October 29, 2013 367 accordance with Section 415.8.6.3415.10.6.4 of the California Building Code as required for Group H, Division 5 Occupancies. 3. All primary piping for toxic, highly toxic and moderately toxic leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testin with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping a Amend Section 2703.3.1 5003.3.1 of the 2013 California Fire Code to read as follows: 2703.3.1 5003.3.1 Unauthorized Discharges. When hazardous materials are released in quantities reportable under state, federal or local regulations threatened release that presents a threat to health, property or official shall be notified immediately in an approved manner and the following p required in accordance with Sections 2703.3.1.15003.3.1.1through 2703.3.1.4 5003.3.1.4. Add Section 2703.5.2 5003.5.2 to the 2013 California Fire Code to read as follows: 2703.5.2 5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of t direction of flow. Add Section 2703.5.3 5003.5.3 to the 2013 California Fire Code to read as follows: 2703.5.3 5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confu transport tubing or piping. Flow direction indicators are required. Amend Section 2703.9.8 to read: 2703.9.8 Separation of Incompatible Materials. Incompatible materials in storage and storage of materials that are incompatible with materials in use stored materials are in containers having a capacity of more than 5 poun (2 L), separation shall be accomplished by: 1. Segregating incompatible materials in storage by a distance of n mm) and in an independent containment system. 2. Isolating incompatible materials in storage by a noncombustible less than 18 inches (457 mm) above and to the sides of the store 3. Storing liquid and solid materials in hazardous material storage cabinets. Council Agenda: November4, 2013 Page: 96 Revision Date: October 29, 2013 368 4. Storing compressed gases in gas cabinets or exhausted enclosures Sections 2703.8.5 and 2703.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure. Add Sec. 2703.9.11 5003.9.11 of the 2013 California Fire Code to read as follows: 2703.9.11 5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling Using Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an appr extinguishing system in accordance with Section 1803.10 2703.10. Exception: Internal fire protection is not required for Biological Safety Cry NSF/ANSI certification where quantities of flammable liquids in cabinet do not exceed 500ml. 16.40.330 16.40.365 Storage - Hazardous Materials. Amend Section 2704.2.1 5004.2.1 of the 2013 California Fire Code to read as follows: 2704.2.1 5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from t the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar a locations. 2. Liquid-tight floors in indoor locations or similar areas provided with -tight raised or recessed sills or dikes. 3.Sumps and collection systems. 4.Other approved engineered systems. Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system. Amend Section 2704.2.2 5004.2.2 of the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 97 Revision Date: October 29, 2013 369 2704.2.2 5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings, rooms or areas used for the storage of hazardous mate provided with secondary containment in accordance with this sect Delete Table:2704.2.2 5004.2.2 REQUIRED SECONDARY CONTAINMENT FOR HAZARDOUS MATERIAL SOLIDS AND LIQUIDS STORAGE Amend Section 5004.2.2.2 of the 2013 California Fire Code to rea 5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems. 16.40.340 Use, dispensing and handling. Amend Sec. 2705.4.4 to read: 2705.4.4 Emergency Alarm. When hazardous materials having a hazard ranking of 3 or 4 in accordance with NFPA 704, or toxic gases exceeding 10 cu. ft. anoxic compressed gases are transported through corridors or exit enclo emergency telephone system, a local manual alarm station or an a-initiating device at not more than 150-foot (45,720 mm) intervals and at each exit and exit-access doorway throughout the transport route. The signal shall be rela proprietary or remote station service or constantly attended on-site location and shall also initiate a local audible alarm. 16.40.350 Corrosive materials. 16.40.360 Section 3102: definitions. Add the following definition to read: CORROSIVE LIQUID. Corrosive liquid is a liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of sucmical action. Examples include acidic, alkaline or caustic materials. Such material will be considered corrosive when the Ph is 2 or less or 12.5 or more, except for f Included are Department of Transportation and Title 22, California Code of Regulations, 66261.22 classed corrosives. 16.40.370 General Explosives and Fireworks. Council Agenda: November4, 2013 Page: 98 Revision Date: October 29, 2013 370 Amend Section 3301.1 5601.1 of the 2013 California Fire Code to read as follows: 3301.1 5601.1 Scope. For explosives requirements see California Code of Regulations, Title 19, Division 1, Chapter 10 and Section 3301.2 5601.2 of this Chapter. For fireworks requirements see California Code of Regulations, Title 19, Divis 3301.3 5601.3 of this Chapter. For small arms ammunition, see Section 3301.5 5601.5 of this chapter. Exception: 1. The armed Forces of the United States, Coast Guard or National G 2. Explosives in forms prescribed by the official United States Pha 3. The use of explosive materials by federal, state and local regulatory, law enf and fire agencies acting in their official capacities. 4. Items preempted by federal regulations. Add Section 3301.2 5601.2 to the 2013 California Fire Code to read as follows: 3301.2 5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited. Add Section 3301.3 5601.3 to the 2013 California Fire Code to read as follows: 3301.3 5601.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane Marshal, are prohibited. Exception: 1. Storage, handling and use of fireworks and pyrotechnic special effects outside of buildings when used for public or proximate audience displays, motion picture, telev theatrical and group entertainment productions and when in accor California Code of Regulations. 2. Storage, handling and use of pyrotechnic special effects fireworks inside when used for proximate audience displays or special effects in picture and group entertainment productions when in accordance w California Code of Regulations and when in buildings equipped th fire sprinkler system. Add Section 3301.4 5601.4 to the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 99 Revision Date: October 29, 2013 371 3301.4 5601.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance with Title 19 of the California Code of Regulations a Code Official. Add Sections 3301.5 5601.5 through 3301.5.3.2.35601.5.3.2.3 to the 2013 California Fire Code to read as follows: 3301.5 5601.5 Small Arms Ammunition-General. Indoor storage and display of black powder, smokeless propellants and small arms ammunition shall co 3301.5.1 5601.5.1 through 3301.5.4.2.35601.5.4.2.3. 3301.5.1 5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping containers conforming to DOTn 49 CFR, Part 173. 3301.5.1.1 5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black powder and small arms primers shall not be performed in retail establishments. 3301.5.1.2 5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged. Exception: Approved repackaging of damaged containers of smokeless propella containers of the same type and size as the original container. 3301.5.2 5601.5.2 Storage in Group R occupancies. The storage of small arms ammunition in Group R occupancies shall comply with Sections 3301.5.2.1 5601.5.2.1 through 3301.5.2.3 5601.5.2.3. 3301.5.2.1 5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted t-3 occupancies where kept in original containers. Smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3 occupancies where kept in a wooden box or cabinet having walls o nominal thickness. 3301.5.2.2 5601.5.2.2 Black powder. Black powder intended for personal use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept in original containers and stored in a wooden box or cabinet having mm) nominal thickness 3301.5.2.3 5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in Group R-3 occupancies. Council Agenda: November4, 2013 Page: 100 Revision Date: October 29, 2013 372 3301.5.3 5601.5.3 Display and storage in Group M occupancies.The display and storage of small arms ammunition in Group M occupancies shall comply with S3301.5.3.1 5601.5.3.1 through 3301.5.3.2.3 5601.5.3.2.3. 3301.5.3.1 5601.5.3.1 Display. The display of small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.1.1 through 3301 3301.5.3.1.1 5601.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless propellants, each in containers of 1 pound (0.454 kg) or less ca Group M occupancies. 3301.5.3.1.2 5601.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be displayed in Group M occupancies. 3301.5.3.1.3 5601.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be displayed in Group M occupancies. 3301.5.3.2 5601.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.2.1 5601.5.3.2.1 through 3301.5.3.2.3 5601.5.3.2.3. 3301.5.3.2.1 5601.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless propellants not on display shall not exceed 100 pounds(45 kg). Quantities exceeding 20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be sto having walls of at least 1 inch (25 mm) nominal thickness. 3301.5.3.2.2 5601.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall not exceed 50 pounds (23 kg) and shall be stored in a type black powder and smokeless propellants are stored together in th quantity shall not exceed that permitted for black powder. 3301.5.3.2.3 5601.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on display shall not exceed 750,000. Storage shall be arranged s small arms primers are stored in any one pile and piles are at least 15 feet (4572 mm) apart. 16.40.380 Flammable and Combustible Liquids. Council Agenda: November4, 2013 Page: 101 Revision Date: October 29, 2013 373 16.40.050 16.40.380 Establishment of limits of districts in which storage of Class I liquids in aboveground tanks is prohibited. The limits referred to in Section 3406.2.4.4 5704.2.4.4 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground t established as all locations of the City of Cupertino that are r commercial areas as determined by the fire code official Fire Code Official. 16.40.390 16.40.385 Storage Flammable and Combustible Liquids. Amend section 3404.2.7.5.8 5704.2.7.5.8 of the 2013 California Fire Code to read as follows: 3404.2.7.5.8 5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 3404.2.9.6.6 5704.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 5706.4 or 3406.7 5706.7 shall have overfill protection in accordance with API 2350. An approved means or method in accordance with Section 3404.2.9.7.6 5704.2.9.7.6 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings. Exception Deleted Add section 3404.2.7.5.9 5704.2.7.5.9 to the 2013 California Fire Code to read as follows: 3404.2.7.5.9 5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with ove the fire code official, that sends an alarm signal to a constant immediately stops the filling of the tank.The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be m-site for a period of five (5) years. 16.40.040 16.40.390 Establishment of limits of districts in which storage of Class I liquids in outside aboveground tanks is prohibited. The limits referred to in Section 3404.2.9.6.1 5704.2.9.6.1 of the California Fire Code, in which the storage of flammable or combustible liquids in abovegr hereby established as all locations of the City of Cupertino that are residen commercial areas as determined by the fire code official Fire Code Official. Council Agenda: November4, 2013 Page: 102 Revision Date: October 29, 2013 374 16.40.030 16.40.400 Establishment of limits of districts in which the storage of sta tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Section 3506.2 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers i established as all locations of the City of Cupertino which are residential and c commercial areas as determined by the fire code official. 16.40.410 General Highly toxic and toxic materials. Add Sec. 3701.36001.3 of the 2013 California Fire Code to read as follows: 3701.3 6001.3 Moderately Toxic Gases With a LC Equal To Or Less Than 3000 Parts Per 50 Million. Notwithstanding the hazard class definition in Section 3702 6002, moderately toxic gases with an LC less than 3000 parts per million shall additionally comply with the 50 requirements for toxic gases in Section 3704 6004 of this code. 16.40.420 Definitions. The following definitions are added to read: MODERATELY TOXIC GAS. Moderately toxic gas is a chemical or substance that has a median lethal concentration (LC ) in air more than 2000 parts per million but not more than 50 5000 parts per million by volume of gas or vapor, when administe for an hour, or less if death occurs within one hour, to albino hing between 200 and 300 grams each. MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, whic vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ: Max TQ (pounds) = LC (ppm) x 2 lb. 50 For gas mixtures containing one or more toxic, highly toxic or m the LC shall be calculated using CGA Standards P-20 and P-23 as referenced in Appendix E, 50 Section 103.1.3.1. Council Agenda: November4, 2013 Page: 103 Revision Date: October 29, 2013 375 16.40.430 Highly toxic, toxic and moderately toxic gases includ refrigerants. Add Section 3704.1.4 6004.1.4 to the 2013 California Fire Code to read as follows: 3704.1.4 6004.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail- safe to close design, shall be provided to shut off the supply o following: 1.Activation of a manual fire alarm system. 2.Activation of the gas detection system. 3.Failure of emergency power. 4.Failure of primary containment. 5.Seismic activity. 6.Failure of required ventilation. 7.Manual activation at an approved remote location. Add Section 3704.1.5 6004.1.5 to the 2013 California Fire Code to read as follows: 3704.1.5 6004.1.5Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control monitoring station, which is continually staffed by trained personnel. Add Section 3704.1.6 6004.1.6 to the 2013 California Fire Code to read as follows: 3704.1.6 6004.1.6Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per l area or outdoor control area shall comply with the additional requirements for h 3704 6004 of this code. Moderately toxic gases stored or used in quantities exceeding th quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 3704 6004 of this code Add Section 3704.1.7 6004.1.7 to the 2013 California Fire Code to read as follows: 3704.1.7 6004.1.7Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exc equipped with a reduced flow valve when available. If a reduced Council Agenda: November4, 2013 Page: 104 Revision Date: October 29, 2013 376 the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; othe close as possible to the cylinder source. Add Section 3704.1.8 to read: 3704.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annua shall be performed by persons qualified to perform the maintenanests. Maintenance records and certifications shall be available to any representat inspection upon request. Add Section 3704.1.9 6004.1.8 to the 2013 California Fire Code to read as follows: 3704.1.9 6004.1.8 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be pr sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, be in accordance with Section 2704.5 5004.5. Add Section 3704.1.10 6004.1.9 to the 2013 California Fire Code to read as follows: 3704.1.10 6004.1.9 Local Gas Shut Off.Manual activation controls shall be provided at locations near the point of use and near the source, as approved fire code official may require additional controls at other plac the entry to the building, storage or use areas, and emergency control sta Manual activated shut-off valves shall be of a fail-safe-to-close design. Add Section 3704.1.11 6004.1.10 to the 2013 California Fire Code to read as follows: 3704.1.11 6004.1.10Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system s that the required exhaust ventilation rate is maintained. The mo local alarm. The alarm shall be both visual and audible and shal warning both inside and outside of the interior storage, use, or Add Section 3704.1.12 6004.1.11 to the 2013 California Fire Code to read as follows: Council Agenda: November4, 2013 Page: 105 Revision Date: October 29, 2013 377 3704.1.12 6004.1.11Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsi cause to be prepared, and filed with the fire code official, a wemergency response plan. If the preparation of an emergency response plan is required by person shall file a copy of the plan with the fire code official Add Section 3704.1.13 to read: 3704.1.13 Emergency Response Team. Responsible persons shall be designated the on-site emergency response team and trained to be liaison personnel for persons shall aid the Fire Department in preplanning emergency r locations where regulated materials are stored, handled and used, and be familiar with the chemical nature of such material. An adequate number of personne be designated. Add Section 3704.1.14 to read: 3704.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall be conducted on a regular basis but not less than once every thr conducted shall be maintained. Add Section 3704.1.15 6004.1.12 to the 2013 California Fire Code to read as follows: 3704.1.15 6004.1.12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing code official in accordance with appropriate nationally recognizry standards and practices, if any. Appropriate remedial action shall be immediat detected. Add Section 3704.1.16 6004.1.13 to the 2013 California Fire Code to read as follows: 3704.1.16 6004.1.13 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may one gas, provided the gases are compatible. Purge gas systems in located in an approved gas cabinet unless the system operates by vacuum demand. Add Section 3704.1.17 6004.1.14 to the 2013 California Fire Code to read as follows: 3704.1.17 6004.1.14 Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic a Council Agenda: November4, 2013 Page: 106 Revision Date: October 29, 2013 378 moderately toxic gases with an LC less than 3000 parts per million upon a seismic event 50 within 5 seconds of a horizontal sinusoidal oscillation having a (1.47m/sec) and a period of 0.4 seconds. 2 Amend Section 3704.2 6004.2of the 2013 California Fire Code to read as follows: 3704.2 6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 3704.2.1 6004.2.1 through 3704.2.2.10.3.3 6004.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately toxic gases for indoor storage and use are set forth 3704.2 6004.2. Add Table 3704.2 6004.2 to the 2013 California Fire Code to read as follows: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxi for Indoor Storage and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 3704.2.1 6004.2.1of the 2013 California Fire Code to read as follows: 3704.2.1 6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed Sections 3704.2.1.1 6004.2.1.1 through 3704.2.1.36004.2.1.3. Amend Sec. 3704.2.1.1 6004.2.1.1of the 2013 California Fire Code to read as follows: 3704.2.1.1 6004.2.1.1Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the maximum allowable quantity per control are3704.2 6004.2 shall be in accordance with Sections 2701, 2703, 3701, 3704.1 and 3704.2 5001, 5003, 6001, 6004.1 and 6004.2. Amend Sec. 3704.2.2 6004.2.2of the 2013 California Fire Code to read as follows: 3704.2.2 6004.2.2General Indoor Requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gasebe in accordance with Sections 3704.2.2.1 6004.2.2.1 through 3704.2.2.10.3 6004.2.2.10.3. Council Agenda: November4, 2013 Page: 107 Revision Date: October 29, 2013 379 Moderately toxic gases with an LCless than 3000 parts per million shall comply with the 50 requirements for toxic gases in Sections 3704.2.2.1 6004.2.2.1 through 3704.2.2.10.3 6004.2.2.10.3. All other moderately toxic gases exceeding the threshold quantit requirements for toxic gases in Sections 3704.2.2.1 6004.2.2.1 through 3704.2.2.7 6004.2.2.7. Amend Sec. 3704.2.2.7 6004.2.2.7of the 2013 California Fire Code to read as follows: 3704.2.2.7 6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms and local exhaust systems required in S3704.2.2.4 6004.2.2.4 and 3704.2.2.56004.2.2.5 shall be directed to a treatment system. The treatment system s utilized to handle the accidental release of gas and to process treatment system shall be designed in accordance with Sections 3704.2.2.7.1 6004.2.2.7.1 through 3704.2.2.7.5 6004.2.2.7.5 and Section 510 of the California Mechanical Code. Exceptions: 1.Highly toxic, toxic and moderately toxic gases storage. A treat required for cylinders, containers and tanks in storage when allng are provided: 1.1.Valve outlets are equipped with gas-tight outlet plug or caps. 1.2.Hand wheel-operated valves have handles secured to prevent movement. 1.3.Approved containment vessels or containment systems are provided accordance with Section 3704.2.2.3 6004.2.2.3. Amend 3704.2.2.10.2 6004.2.2.10.2 of the 2013 California Fire Code to read as follows: 3704.2.2.10.2 6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visual and audible and shal and outside the area where the gas is detected. The audible alar other alarms. Amend Section 3704.3 6004.3of the 2013 California Fire Code to read as follows: 3704.3 6004.3Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Se3704.3.1 6004.3.1 through 3704.3.4 6004.3.4. The threshold quantity for highly toxic, toxic and moderately gases for outdoor storage and use are set forth in Table 3704.3 6004.3. Council Agenda: November4, 2013 Page: 108 Revision Date: October 29, 2013 380 Add Table 3704.3 6004.3 of the 2013 California Fire Code to read as follows: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Outdoor Storage and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 3704.3.1 6004.3.1of the 2013 California Fire Code to read as follows: 3704.3.1 6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic compressed Sections 3704.3.1.1 6004.3.1.1 through 3704.3.1.36004.3.1.3. Amend Section 3704.3.1.1 6004.3.1.1of the 2013 California Fire Code to read as follows: 3704.3.1.1 6004.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control Area. The outdoor storage or use of highly toxic and toxic gases in am the threshold quantity per control area set forth in Table 3704.3 6004.3 shall be in accordance with Sections 2701, 2703, 3701, 3704.1, 3704.35001, 5003, 6001, 6004.1, and 6004.3. Moderately toxic gases with an LC50 less than 3000 parts per mileding the threshold quantity in Table 3704.3 6004.3 shall comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1, 3704.3 5001, 5003, 6001, 6004.1 and 6004.3. Moderately toxic gases in amounts exceeding the threshold quantiTable 3704.3 6004.3 shall comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1, 3704.3.2.1 through 3704.3.2.5 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.5. Amend Section 3704.3.3 6004.3.3of the 2013 California Fire Code to read as follows: 3704.3.3 6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylind. Weather protection in accordance with Section 2704.13 5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved system in accordance with Section 2704.5 5004.5. 16.40.060 16.40.435 Establishment of limits in which storage of liquefied petroleum ses is prohibited. Council Agenda: November4, 2013 Page: 109 Revision Date: October 29, 2013 381 The limits referred to in Section 3804.2 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as Cupertino that are residential or congested commercial areas. Exception: LPG may be used for industrial operations or when natural gas wo provide a viable substitute for LPG. Portable containers for tem uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LGP containers code official on a case by case basis. 16.40.440 Use - Silane Distribution systems automatic shutdown. Add Section 4105.3.1 6405.3.1 to the 2013 California Fire Code to read as follows: 4105.3.1 6405.3.1Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activat system at levels above the alarm level and/or failure of the ventilation system for distribution system. SECTION 20. The Title of Chapter 16.54 of Title 16 of the Cupertino Municipa amended to read as follows: CHAPTER 16.54: ENERGY CODE ADOPTED SECTION 21. Section 16.54.010 of Chapter 16.54 of Title 16 of the Cupertino is hereby amended to read as follows: 16.54.010 Code Adoption. The provisions of the 2010 2013 California Energy Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as i chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t Health and Safety Code Section 18942 (d) (1) and are made available for publi Council Agenda: November4, 2013 Page: 110 Revision Date: October 29, 2013 382 SECTION 22. All other provisions of Chapter 16.54 of Title 16 of the Cuperti Code remain unchanged. SECTION 23. The Title of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED SECTION 24. Section 16.58.010 of Chapter 16.58 of Title 16 of the Cupertino is hereby amended to read as follows: 16.58.010 Code Adoption. The provisions of the 2010 2013 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of t Health and Safety Code Section 18942(d)(1) and is made available SECTION 25. Section 16.58.015 of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 20102013California Green Building Standards Code have been adopted. SECTION 26. Section 16.58.040 of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: 16.58.040 Local Amendments. Council Agenda: November4, 2013 Page: 111 Revision Date: October 29, 2013 383 The following provisions of this Chapter shall constitute local - referenced provisions of the 2013 California Green Building Standards Code, 2010 Edition, and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. SECTION 27. Section 16.58.100 of Chapter 16.58 of Title 16 of the Cupertino Municipal Code is hereby amended to read as follows: 16.58.100 Section 101.10Amended. Amend Section 101.10 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 the City of Cupertino. All new buildings and structures, additio improvements subject to requirements in Table 101.10 shall compl measures of the 2010 2013 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardles stories, unless specifically exempted by this code. SECTION 28. All other provisions of Chapter 16.58 of Title 16 of the Cupertino Municipal Code remain unchanged. INTRODUCED at a regular meeting of the Cupertino City Council the ____ day ___________ 2013 and ENACTED at a regular meeting of the Cupertino City Council on this ____ of __________ 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________________ ___________________________________ Grace Schmidt, Orrin Mahoney, City Clerk Mayor Council Agenda: November4, 2013 Page: 112 Revision Date: October 29, 2013 384 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 r 16.04.010 X made to reference the 2013 California Building Code. This section previously existed in the Municipal Code. This section modifies the CBC by adopting specific appendix chapters in the code. Only a 16.04.015 X made to reference the 2013 California Electrical Code. The 2013 Referenced Standards Code is also included in this adoption cycl 16.04.020 & These sections were moved to the new Administrative Chapter (16. X 16.04.030 Municipal Code. Regulations for proper address identification already exist in t The CBC, however, also has regulations regarding address identif 16.04.050 X adoption and revisions to Section 501.2 referenced in the Munici 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. Regulations previously existed in the Municipal Code. Per City 16.04.070 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 regulatio 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. X 16.04.160 Municipal Code. The reference change to the 2013 Code is made. Also, per City A 16.04.340 X the actual code language is added into the Municipal Code. This section is omitted in new ordinance because these regulatio 16.04.350 ADOPTED PER CODE in the referenced ASCE standards. ASCE 7-05 is adopted by reference throughout 385 Chapter 16 of the CBC. The reference change to the 2013 Code is made. Also, the code s 16.04.360 X number is changed due to its change in the 2013 CBC. No change to the requirements of this section, however, the CBC 16.04.370 X were changed due to the change in the new code. The swimming pool regulations in CBC Section 3109 is adopted to the State Code and to be more uniform with surrounding jurisdict 16.04.400 16.32 is now omitted from the Municipal Code, however, certain sX chapter that are not addressed in the CBC are placed in this new 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 sec 16.06.015 CBC by adopting specific appendix chapters in the code. Only a is X made to reference the 2013 California Residential Code. No change other than minor reference changes were made to be con 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. X Attorneys request, the actual code language is added into the M 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 Cu 16.06.085 Code in Section 16.04.060. This section was relocated to the ReX without any changes to the language of the text. There is no change to this section, however, the findings for th introduced in the last code cycle, is included here for referenc 16.06.090 B X This proposed amendment to the CRC is made to be consistent withTUCC amendment which that modifies the plain concrete provisions in C 1905.1.8 and ACI 318 Section 22.10.1. This amendment existed in the previous Municipal Code. Only a r made to be consistent with the new section and table in the 2013 16.06.100 X B amendment modifies the CBC and CRC to limit the use of gypsum wa Portland cement or stucco as shearwalls. Chap 16.12 A Because this chapter specifically relates to subdivisions, the tX 386 added to the title for clarity. Appeals section of Chapter 16.12 is now referenced in the Admini 16.02. This section previously existed in the Municipal Code. Only a r made to reference the 2013 California Electrical Code. This section also modifies the California Electrical Code by ado Chap 16.16 X appendix chapters in the code. Appeals section of Chapter 16.16 is now referenced in the Admini 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 sec CBC by adopting specific appendix chapters in the code. A refer made to reference the 2013 California Plumbing Code. Also, Alte 16.20.015 X Systems Appendix is moved to Appendix C and Private Sewage Dispo moved to Appendix H to be consistent with the new code. The app Graywater 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 ref 16.20.080 C X minor clarifications are made to reference the 2013 California Plumbing Code. 16.20.100, These sections were moved to the new Administrative Chapter (16. 16.20.110, & Municipal Code. X 16.20.120 This section previously existed in the Municipal Code. Only a rchange is 16.24.010 X made to reference the 2013 California Mechanical Code. A This section previously existed in the Municipal Code. This sec 16.24.015 CBC by adopting specific appendix chapters in the code. Only a 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 ref 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. A X 16.24.070, & Municipal Code. 387 16.24.080 Chapter is removed in its entirety. The Swimming Pool requiremesection is Chap 16.32 added to Section 16.04.400 of the Municipal code and referenced X 3109 of the 2013 California Building Code. Definition of Building is revised to be consistent with the 20 16.36.010 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) 16.36.130 X Code. Due to the extensive code section changes to the 2013 Californiathe entire Chap 16.40 Chapter (Chapter 16.40) is being repealed and replaced in its en 16.40.010 This section previously existed in the Municipal Code, however, X revised to be more consistent with the remainder of the code. This section previously existed in the Municipal Code. This sec CBC by adopting specific appendix chapters in the code. A refer made to reference the 2013 California Fire Code. The new Append Code is adopted. 16.40.015 X Fire agencies in Santa Clara County wrote this standard several been enforcing this. The International Fire Code took this stand the code. We are adopting the new Appendix, but again have used 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 compressedX 388 cryogenic fluids. In previous edition adoption, the construction were imbedded in the operational permits. This is not new, but Also, added operational permit for radioactives. This was missed in the transition from the UFC to IFC adoption process. It is part of the Cupertin Materials Storage Ordinance. Definitions: Nothing new here, except the 2012/2013 codes reloca all definitions in 16.40.070 this section. This means all of our previous amended/added defin X located in Chapter 2. The reference change to the 2013 Code is made. Fire Code Sectio 16.40.080 X adopted by 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 ord Remove amendment to Section 503.1.1 to be consistent with code l 16.40.120 recommended by Fire Prevention Officers. Also, Traffic Calming 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 Calif 16.40.140 X Remove the amendment regarding Emergency responder radio coverag 16.40.150 buildings to be consistent with code language as recommended by X Officers. 16.40.160 This section was just a title reference and omitted from new ord 16.40.180, & No changes made. No changes made. 16.40.190 Exceptions were removed from previous Municipal Code and added b 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 cons the public at large. Item #1 has been reworded to specifically r 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 ord 16.40.225 & Reference changes were made to be consistent with the 2013 Calif X 16.40.230 Code. 16.40.240 & Definitions are moved to section 16.40.070 (Chap 2) to follow co X 389 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 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 16.40.355 through 16.40.365. 16.40.300, 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 Calif 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 16.40.650 Chap 16.54 & Reference changes were made to be consistent with the 2013 CalifCode X Chap 16.58 and Green Building Standards Code 390 KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORN A This amendment is necessary for administrative clarification and Health and Safety Code Sections 17958. This amendment establish building standards throughout the City of Cupertino. B 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 Enginee Angeles City Joint Task Force that investigated the poor performanc-reinforced concrete footings observed in 1994 Northridge earthquake and based on the following: 1. The San Francisco Bay area is densely populated and located of high seismic activity. Cupertino is bounded by the Hayward and San Andreas faults capable of producing major earthq 2. Concern for fire-life safety associated with a structural failure due to a seismif buildings in the region, the use of new structural systems, the construction. 3. Severe seismic events could disrupt communications, damage g extreme demands on the limited and widely dispersed resources of-safety needs of the community. 4. The local geographic, topographic and climatic conditions ponitude and severity of potential fires in the City of Cupertino, and may ca further growth of the fire. C The waste water treatment facilities serving many silicon valley The discharge of treated waste water into San Francisco Bay is detri Cooling coil and comfort cooling equipment condensate waste disc before being discharged into sanitary sewers or the ground. 391 392 OFFICE OF THE CITY ATTORNEY CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3403 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject Amicus BriefinNo ToxicAir,Inc.v.SantaClaraCounty,etal.(Calif.CourtofAppealCase No.H039547,AppealfromSantaClaraCountySuperiorCourtCaseNo.111CV201900) RecommendedAction ConsiderjoiningtheMidpeninsulaRegionalOpenSpaceDistrict ,1.2#! theCities ofSunnyvale(subjecttoCityAttorneyreviewandapprovaloffinalbrief)andLos Altos,theTownsofLosAltosHillsandPortolaValley,andanyothercitiesthatmay choosetoparticipateinan amicuscuriae briefintheCourtofAppealinthelitigation listedabove,andauthorizeamonetarycontributionforpreparationofthe amicus brief. Background AttheCityCouncilstudysessiononSeptember5,2013,MROSDandseveralcitizens urgedtheCounciltoconsidersupportingthe amicus briefthatMROSDplanstofilein NoToxicAir,Inc.v.SantaClaraCounty,etal. AttheSeptember17,2013Councilmeeting,theagendaitemon"»¶«¸º¯´µ¹ participationonthe amicus briefwaspostponedandisontheagendafortheCouncil meetingofNovember4,2013. The NoToxicAir,Inc.v.SantaClaraCounty,etal.litigationchallengesa2011decisionby theSantaClaraCountyBoardofSupervisorsthattheLehighQuarryhasvestedrights. TheeffectofthatdeterminationisthatLehighisexemptfromtheCountyrequirements foradiscretionarypermitandotherrelatedapprovalstominethe ¼«¹º«ª¸¯®º¹!area basedontheareabeingclassifiedasa ²«§²nonconforming»¹« !NoToxicAir,Inc. challengedthescopeofthe"µ»´º¿¹determinationandthetrialcourtruledinfavorof theCounty,concludingthattheCountyvalidlydeterminedthattherightstominethe propertywerevested. TheappealbyNoToxicAir,Inc.challengesthetrial©µ»¸º¹decisiononnumerouslegal, procedural,andfactualgrounds. 393 Discussion NoToxicAir,Inc.seekssupportofitsappealfromgroupsthathaveaninterestinthe environmentalimpactsoftheLehighQuarry.MROSDiscoordinatingtheefforttofile an amicus briefwithregardtotwomainissues:(1)theunanalyzedimpactsofminingat theLehighQuarryand(2)the"µ»´º¿¹expansivereadingoflegalnonconforminguses. An amicuscuriae briefmaybefiledintheCourtofAppealbysomeonewhoisnota partytothelitigation,butwhobelievesthatthetrialcourtsdecisionmayaffectits interest.Courtshavethediscretiontograntpermissiontofilean amicuscuriae briefto nonpartiestoprovideperspectiveorexperiencethatmaygivethecourtnew informationorraiseawarenessaboutanissuethatmightnototherwisebebroughtto the"µ»¸º¹attention. MROSDvotedtofilean amicus briefandiscoordinatingtheeffort.TheCityofLos AltosandtheTownsofLosAltosHillsandPortolaValleyhavevotedtojointhe amicus briefinsupportoftheappeal.TheCityofSunnyvalehasalsoapprovedjoiningthe amicus brief,subjecttoCityAttorneyreviewandapprovalofthefinalbrief. Theestimatedcostofthis amicus briefisbetween$20,000and$32,000,dependingonthe issuesraisedandwhethertheCourtrequestsanyadditionalinformation.Citystaff discussedthecostwithstaffatMROSD,whosaidacontributionofaproportionate shareupto$5,000wouldbewelcomed.Therefore,iftheCouncilwishestoparticipate inthe amicus brief,staffalsorecommendsthattheCouncilapprovefundinginthe amountofthe"¯º¿¹proportionateshareofthebrief(whichwillvarydependingon howmanyotherentitiesjoin),nottoexceedatotalof$5,000.Thereisexistingfunding intheCity ººµ¸´«¿¹budget,andnoadditionalappropriationisnecessary. ThebriefisduebyNovember12,2013.IftheCouncilapprovesparticipation,theCity ººµ¸´«¿¹OfficewillworkwithMROSDandotherparticipatingagenciestocoordinate reviewofthebrief. _____________________________________ Preparedby:CarolKorade,CityAttorney ApprovedforSubmissionby:DavidBrandt,CityManager 394 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:November4,2013 Subject CancelthefirstmeetinginJanuary,2014. RecommendedAction CancelthefirstmeetinginJanuary,2014. Discussion ThepacketfortheJanuary7meetingwouldneedtobedeliveredtoCouncilon Monday,December23,andthenCityHallwillbecloseduntilThursday,January2. Becauseoftheholidays,facilityclosure,andthepossiblecancellationofthePlanning Commissionmeeting,staffrecommendscancellingtheJanuary7meeting. _____________________________________ Preparedby:GraceSchmidt,CityClerk ApprovedforSubmissionby:DavidBrandt,CityManager Attachments:None 395 CITY COUNCIL STAFF REPORT Meeting: November 4, 2013 Subject: Public Works Construction Project Updates. NO WRITTEN MATERIALS IN PACKET 396