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11-05-19 Searchable packetCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber Tuesday, November 5, 2019 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange Recommended Action: Receive presentation from Toyokawa Sister City delegation regarding recent student exchange 2.Subject: Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. Recommended Action: Receive Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. 3.Subject: Presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. Recommended Action: Receive presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 4.Subject: Report on Committee assignments Page 1 11/05/19 1 of 347 City Council Agenda November 5, 2019 Recommended Action: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject: Approve the October 15 City Council minutes Recommended Action: Approve the October 15 City Council minutes A - Draft Minutes 6.Subject: Mitigation Fee Act - Annual & Five-Year Report - Fiscal Year 2018-2019 Recommended Action: 1) Accept the Annual & Five-Year Review of the City of Cupertino's Development Impact Fees (Government Code Section 55000 et seq.); and 2) Adopt Resolution No. 19-132 entitled "A Resolution of the Cupertino City Council Approving the Annual & Five-Year Development Impact Fee Report for FY Ending June 30, 2019 and Making Required Findings." Staff Report A - Annual and Five-Year Report for the fiscal year ending June 30, 2019 B - Draft Resolution 7.Subject: Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. No authorization for design, construction or budget action requested at this time. Recommended Action: Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. Staff Report A - Carmen Road Pedestrian Bicycle Bridge Final Feasibility Study Report 9-30-19 B - Draft Resolution C - Pre-qualified List of Consultants SECOND READING OF ORDINANCES 8.Subject: An Ordinance amending Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the 2019 California Building Standards Code as mandated by the State of California with certain exceptions, deletions, modifications, additions, and amendments. Page 2 11/05/19 2 of 347 City Council Agenda November 5, 2019 Recommended Action: Staff recommends that the City Council conduct the second reading to enact Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments,” (the “Ordinance”), attached as Attachment A. Staff Report A - Draft Ordinance B - Redline Version Showing Corrections C - Adopted Resolution for Findings D - Public Handout of Code Updates PUBLIC HEARINGS 9.Subject: Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Title 5, adopting new policies regulating the sale of tobacco, such as requiring a local permit to sell tobacco products, prohibiting the sale of flavored tobacco, prohibiting new businesses from selling tobacco near schools and reducing tobacco retailer density, prohibiting tobacco sales at pharmacies and in vending machines, and limiting storefront signage. Recommended Action: 1. Conduct the first reading of Ordinance No. 19-2190: “An ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)”; 2. Authorize the City Manager to negotiate and enter into a Memorandum of Understanding (MOU) with the County of Santa Clara to administer, implement, and enforce Cupertino’s ordinance; and 3. Find that the proposed actions are exempt from CEQA. Staff Report A - Tobacco Free Communities Policies Santa Clara County B - Healthy Cities Program 2018 Cupertino Dashboard C - American Lung Association Report Card D - Letter to Cupertino City Council from FUHSD E - FUHSD Resolution 1819-21 F - Matrix of 35 Local Ordinances Restricting Flavored Tobacco G - Healthy Stores for a Healthy Community 2016 Survey I - Draft Ordinance to Regulate the Sale of Tobacco Products H - Tough Questions on Flavored Tobacco Products J - 8.6.19 Study Session Staff Report K - Survey Responses Page 3 11/05/19 3 of 347 City Council Agenda November 5, 2019 ORDINANCES AND ACTION ITEMS 10.Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment application to allow 29 units where four (4) units are currently allowed on an 86-acre hillside property, on the west side of the City adjacent to Linda Vista Park, with an average slope of ~48% which would require General Plan Amendments to change the existing General Plan Land Use Designation. (Application No.(s): GPAAuth-2019-01; Applicant: Lixin Chen; Location: APN(s): 356-27-026, 356-05-007, 356-05-008. Recommended Action: Determine if the proposed project described in General Plan Amendment Authorization application (GPAAuth-2019-01) is authorized to proceed to apply for the requested General Plan Amendments. If authorized, adopt Resolution No. 19-134 authorizing a perspective development proposal described in the Canyon View Project General Plan Amendment Authorization application, No: GPAAuth-2019-01, to proceed with a General Plan Amendment application. Staff Report A - Draft Resolution B - City Council Policy for General Plan Amendment Application Procedures C - Project Plans D - Project Description E - Fiscal Analysis of the Canyon View GPA Application, prepared by EPS ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available Page 4 11/05/19 4 of 347 City Council Agenda November 5, 2019 in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 5 11/05/19 5 of 347 CITY OF CUPERTINO Legislation Text Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange Receive presentation from Toyokawa Sister City delegation regarding recent student exchange File #:19-6052,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 6 of 347 CITY OF CUPERTINO Legislation Text Subject: Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. Receive Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. File #:19-6242,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 7 of 347 CITY OF CUPERTINO Legislation Text Subject: Presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. Receive presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. File #:19-6371,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 8 of 347 CITY OF CUPERTINO Legislation Text Subject: Report on Committee assignments Report on Committee assignments File #:19-5171,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 9 of 347 CITY OF CUPERTINO Legislation Text Subject: Approve the October 15 City Council minutes Approve the October 15 City Council minutes File #:19-5183,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 10 of 347 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, October 15, 2019 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:46 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod Sinks, and Jon Robert Willey. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation by Faria Elementary School Lego Robotics Club 5th Graders regarding transportation solutions and "managing parking at a busy parking lot." Recommended Action: Presentation by Faria Elementary School Lego Robotics Club 5th Graders regarding transportation solutions and "managing parking at a busy parking lot." Council received the presentation by Faria Elementary School Lego Robotics Club 5th Graders regarding transportation solutions and "managing parking at a busy parking lot." POSTPONEMENTS – None ORAL COMMUNICATIONS Jennifer Griffin talked about PG&E’s power outage and website issues, Sacramento representatives providing guidance and support, and CASA Committee making decisions for the State. Charlene Lee talked about her police report for her arrest at Monta Vista High School and 11/05/19 11 of 347 City Council Minutes October 15, 2019 asked for an independent police audit report. Genevieve Kolar, Foothill-De Anza District Student Trustee, talked about Cupertino renting issues, housing insecure De Anza students, policies beyond building affordable housing, and robust transit systems. Rahul Vasanth talked about making public comments, Vice Mayor Chao’s election receiving second highest number of votes and support for her clarifying questions, and support for Planning Commission Chair Ray Wang. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments Councilmembers highlighted the activities of their various committees. CONSENT CALENDAR Sinks moved and Paul seconded to approve items on the Consent Calendar as presented except for item numbers 12 and 13 which were pulled for discussion. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. 3. Subject: Approve the October 1 City Council minutes Recommended Action: Approve the October 1 City Council minutes 4. Subject: Cancel the January 7, 2020 Council meeting Recommended Action: Cancel the January 7, 2020 Council meeting 5. Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino Employees’ Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney and City Manager), Elected Official groups and retired annuitants. Recommended Action: Adopt Resolution No. 19-126, increasing the employer's contribution for medical and hospitalization insurance for employees under the Unrepresented, Cupertino Employees’ Association, Operating Engineers, Local union No. 3, Appointed, Elected Officials, and retired annuitant groups. 6. Subject: Accept Accounts Payable for the period ending August 09, 2019 Recommended Action: Adopt Resolution No. 19-127 accepting Accounts Payable for 11/05/19 12 of 347 City Council Minutes October 15, 2019 the period ending August 09, 2019 7. Subject: Accept Accounts Payable for the period ending August 16, 2019 Recommended Action: Adopt Resolution No. 19-128 accepting Accounts Payable for the period ending August 16, 2019 8. Subject: Accept Accounts Payable for the period ending August 23, 2019 Recommended Action: Adopt Resolution No. 19-129 accepting Accounts Payable for the period ending August 23, 2019 9. Subject: Accept Accounts Payable for the period ending August 30, 2019 Recommended Action: Adopt Resolution No. 19-130 accepting Accounts Payable for the period ending August 30, 2019 10. Subject: Receive report on commission and committee members’ terms expiring January, 30, 2020, and set an application submittal deadline of Friday, January 10, 2020 and candidate interview dates of Monday and Tuesday, January 27 and 28, 2020. Recommended Action: Receive report on commission and committee members’ terms expiring January, 30, 2020, and set an application submittal deadline of Friday, January 10, 2020 and candidate interview dates of Monday and Tuesday, January 27 and 28, 2020. Written communications for this item included an email to Council. 11. Subject: Authorize City Manager to award contract for Street Sweeping Services, Project No. 2019-101, to CleanStreet, Inc. at a baseline amount of $268,350 per year for five years. No additional budget appropriations are needed at this time. Recommended Action: Authorize City Manager to award a contract for Street Sweeping Services, Project No. 2019-101 to CleanStreet, Inc. at a baseline amount of $268,350 per year for five years. 12. Subject: Consider a Linda Vista Trail Donation Agreement for donation of property (APN 356-05-005) located between McClellan Road and Linda Vista Park, along the easterly boundary of Deep Cliff Golf Course. No additional budget allocation needed. Recommended Action: Authorize the City Manager to execute an Agreement for Donation of Real Estate with Richard Lowenthal and Ellen Lowenthal for the Linda Vista Trail property (APN 356-05-005) located between McClellan Road and Linda Vista Park, along the easterly boundary of Deep Cliff Golf Course, and any subsequent documents necessary to acquire the property, consistent with the Agreement. Written communications for this item included a revised staff report and emails to Council. 11/05/19 13 of 347 City Council Minutes October 15, 2019 The following individual spoke on this item: Kitty Moore – concerns for area and parcel map availability, easements and land rights, approval of funds information and timing, and missing documents for utilities. Staff answered questions from Council. Sinks moved and Scharf seconded to authorize the City Manager to execute an Agreement for Donation of Real Estate with Richard Lowenthal and Ellen Lowenthal for the Linda Vista Trail property (APN 356-05-005) located between McClellan Road and Linda Vista Park, along the easterly boundary of Deep Cliff Golf Course, and any subsequent documents necessary to acquire the property, consistent with the Agreement. The motion carried unanimously. 13. Subject: Master Agreement between the City of Cupertino and HF&H Consultants, LLC, to conduct a rate study of the current franchise agreement and to provide assistance for implementation of a new solid waste, recycling, and compostables/organics franchise agreement. No additional budget appropriations are needed. Recommended Action: Authorize the City Manager to approve a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, in an amount not -to- exceed $250,000, for a term ending on January 31, 2022. The following individual spoke on this item: Jennifer Griffin – County process for payment of services compared to Cupertino’s process, new toters, Sunnyvale’s recycling cart not easy for seniors. Staff answered questions from Council. Paul moved and Willey seconded to authorize the City Manager to approve a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, in an amount not-to-exceed $250,000, for a term ending on January 31, 2022. The motion carried unanimously. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 14. Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code as 11/05/19 14 of 347 City Council Minutes October 15, 2019 mandated by the State of California and making local exceptions to those standards as warranted. Recommended Action: 1. Conduct the first reading of Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments”; and 2. Adopt Resolution No. 19-131 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code. Written communications for this item included a presentation. Director of Community Development Ben Fu introduced the item and Assistant Director of Community Development/Building Official Albert Salvador, Permit Center Manager Sean Hatch, and Santa Clara County Fire Department Deputy Chief Julie Linney. Assistant Director Salvador and Manager Hatch reviewed the presentation. Deputy Chief Linney answered questions from Council. Mayor Scharf opened the public hearing and the following individuals spoke: Lisa Warren - fire exceptions for accessible dwelling units (ADUs), permit requirements for her home, safety requirements for single family homes versus ADUs. Jennifer Griffin - Governor signed housing bills during PG&E crisis, San Francisco’s garage conversions, cities providing public utilities for new construction. Mayor Scharf closed the public hearing. Staff answered questions from Council. Deputy City Clerk Kirsten Squarcia read the title of Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 11/05/19 15 of 347 City Council Minutes October 15, 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments.” Paul moved and Scharf seconded to read Ordinance No. 19-2189 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None. Paul moved and Scharf seconded to adopt Resolution No. 19-131 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code. The motion carried unanimously. Council recessed from 8:31 p.m. to 8:36 p.m. ORDINANCES AND ACTION ITEMS 15. Subject: Update on revised Community Garden Improvements Project at McClellan Ranch Preserve and provide any input. Status update on the investigation of creating community gardens at other parks in the City and provide any input. Recommended Action: Review the revised design and proposed construction approach for the Community Garden Improvements Project and provide input. Receive status update on the investigation of creating community gardens at other parks in the City and provide any input. Written communications for this item included a presentation and a revised Attachment A. Capital Improvement Program (CIP) Manager Michael Zimmerman and Director of Parks and Recreation Jeff Milkes reviewed the presentation. Staff answered questions from Council. Mayor Scharf opened public comment and the following individuals spoke: Jean Bedord - fiscal responsibility, emergency response, recent earthquake, City Hall seismic soundness, function of city during an event (provided written comments). Mayor Scharf closed public comment. 11/05/19 16 of 347 City Council Minutes October 15, 2019 Council reviewed the revised design and proposed construction approach for the Community Garden Improvements Project and received the status update on the investigation of creating community gardens at other parks in the City , and provided the following input: - Ensure that the garden is open to the public. - Discussed having internal fencing to separate the garden from the public but would allow the public to walk through the garden. This would create additional project costs. - Research a self-closing, spring hinged gate. - Garden locked after hours with a timed lock. - Address any theft/vandalism issues that might occur down the road. - Provide exterior fencing kits to “fence-in” raised bed, to be provided by the City and purchased by the gardeners. - Screening kits should be tasteful. - Eliminate mesh underneath but provide design guidelines for owners to cover box at own expense. This eliminates the cost of excavating. - Roughly $10,000 per gardener was considered too much, look for additional savings. - Volunteers can assemble the raised beds for additional savings. - Look into grant availability. - Include a notice in the Cupertino Scene. - Bring back as soon as possible, outside of the nesting season, and advise Council of the cost savings. ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS Under Oral Communications, added to a future agenda discussion of De Anza student housing issues (Scharf/Chao). Councilmembers highlighted the activities of their various community events. City Manager Feng talked about the homes affected by the PG&E shutdown and outreach by City staff and Citizen Core volunteers. ADJOURNMENT At 10:14 p.m., Mayor Scharf adjourned the meeting. 11/05/19 17 of 347 City Council Minutes October 15, 2019 _________________________________ Kirsten Squarcia, Deputy City Clerk 11/05/19 18 of 347 CITY OF CUPERTINO Legislation Text Subject: Mitigation Fee Act - Annual & Five-Year Report - Fiscal Year 2018-2019 1) Accept the Annual & Five-Year Review of the City of Cupertino's Development Impact Fees (Government Code Section 55000 et seq.);and 2) Adopt Resolution No. 19-132 entitled "A Resolution of the Cupertino City Council Approving the Annual & Five-Year Development Impact Fee Report for FY Ending June 30, 2019 and Making Required Findings." File #:19-5384,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 19 of 347 Attachment A Page | 1 394\01\1992522.1 City of Cupertino AB 1600 ‐ Mitigation Fee Act Annual & Five Year Report for the fiscal year ending June 30, 2019 Dept.: Community Development Project: Below Market Rate (BMR) Housing Mitigation Fee Local Authority: Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of Cupertino has collected BMR mitigation fees from commercial and residential developments since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA) Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs- Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis) which collectively form the City’s Nexus Study justifying the current residential and non-residential Housing Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential and non-residential (office, research and development, industrial, hotel, retail and commercial) Housing Mitigation Fees for purposes of this reporting year (July 1, 2018 – June 30, 2019). The fiscal year 2018-19 BMR Housing Mitigation Fee amounts are being reported below. Voluntary Five Year Reporting & Findings Requirement: 1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable housing as a result of new residential and non-residential development within the City of Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing Mitigation Fee schedule is as follows: Residential (per sq. ft.) - Detached Single Family Residence $17.82 Small Lot Single Family Residence or Town home $19.60 Multi-Family Attached Town home, Apartment or Condo $23.76 Multi-Family Apartment (1 to 35 du/ac) $23.76 Multi-Family Apartment (over 35 du/ac) $29.70 Non-Residential (Per sq.ft.) – Office, Research & Development, or Industrial $23.76 Hotel $11.88 Commercial or Retail $11.88 BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and professional services, BMR housing placement services, rental mediation, contract services, Nexus Study update and a Consolidated Plan. The fees in the BMR Fund include funds paid to the City as conditions of development agreements. When applicable, these fees are included in the tables below; however, there is no 11/05/19 20 of 347 Attachment A Page | 2 requirement to prepare a five-year report regarding fees obtained through a development agreement. 2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for which the fee was charged. The need for the BMR Housing Mitigation fees, as they were identified when the fee was enacted, remains. See, Keyser Marston Associates, Inc.’s Summary and Recommendations Below Market Rate Housing Mitigation Program. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost* Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Below Market Rate Housing Mitigation fee $160,300,000 $6,759,440 100% Additional Developer Contributions State and Federal tax credits, loans and grants As projects develop/ redevelop Ongoing Ongoing * Based on RHNA allocation and affordability gaps estimated in the nexus study: Very low income units (356) x $241,000/unit = $87.8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate income units (231) x $123,000/unit = $28.4 million. Total = $160.3 million. 11/05/19 21 of 347 Attachment A Page | 3 394\01\1992522.1 Annual Report Amount of Fee: Based on adopted Fee Schedule FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2018 $6,902,773 Fees Collected $159,179 * Interest $134,016 Expended Subtotal ($61,276) ($69,201) ($190,294) ($35,771) ($79,986) ($436,528) Staff and administration Legal and professional services Housing placement services Rental mediation services/contract services Housing Renovation Refunded 0 Unrestricted balance at 6/30/2019 $6,759,440 *- Includes funds collected by Development Agreement 11/05/19 22 of 347 Attachment A Page | 4 Dept.: Public Works Project: Park Dedication In-Lieu Fee Local Authority: City of Cupertino: Municipal Code, Chapter 13.08 Five Year Reporting & Findings Requirement: 1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor recreational area for new residential development within the City of Cupertino. The requirements for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter 13.08, and the fee was adopted under the provisions of the Mitigation Fee Act. The Parkland Dedication Fee is based on the fair market value of land within the City of Cupertino. Land values are appraised bi-annually, and the Park Dedication Fees are updated accordingly. Park Dedication Fees are used to fund parkland acquisitions and improvements to park and recreational facilities. The fees in the Park Dedication table below include funds paid to the City as a condition of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. In addition, this table includes adopted fees imposed as a condition of development. 2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the fee is charged, as additional parkland and facilities are needed to offset the increase in population that additional residential units impacts. The need for the Park Dedication fees, as they were identified when the fee was enacted, remains, as the City’s current park area per resident does not yet meet the park acreage standard in the Park Dedication Fee ordinance and as development continues to occur. 3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication are identified below: • Developer Fair-Share Contributions from all projects that add residences. 4. The approximate dates on which the funding for the needed park acquisition and improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page. 11/05/19 23 of 347 Attachment A Page | 5 394\01\1992522.1 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Lawrence- Mitty Park $8,270,994 $11,012,511 100% Project is fully funded Winter 2020 Spring 2015 Summer 2022 Annual Report Amount of Fee: Based on Fair-Market Value of land, through land appraisal FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2018 $9,719,353 Fees Collected $1,108,500 * Interest $202,539 Expended Subtotal ($6,856) ($11,025) ($17,881) Staff and Administration Contract Services (Callander) Refunded 0 Reserved ($8,270,994) Reserved for purchase and construction of Lawrence-Mitty Park Balance at 6/30/2019 $2,741,517 *- Includes funds collected by Development Agreement and other developments 11/05/19 24 of 347 Attachment A Page | 6 Dept.: Public Works Project: Transportation Impact Fee Local Authority: City of Cupertino: Municipal Code, Chapter 14.02 Five Year Reporting & Findings Requirement: 1. The purpose of the Transportation Impact Fee is to help mitigate the impact to the City’s existing transportation infrastructure due to new development, additions to existing structures or changes in use within the City of Cupertino. The requirements for applicability to the Transportation Impacts Fees are set forth in the City’s Municipal Code, Chapter 14.02, and the fee was adopted under the provisions of the Mitigation Fee Act. The Transportation Impact Fee is based on the Transportation Impact Fee Nexus Study. Transportation Impact Fees are used to fund capital improvements to the City’s transportation infrastructure. 2. A reasonable relationship exists between the Transportation Impact Fee and the purpose for which the fee is charged, as additional transportation infrastructure is needed to offset the increased demand that new development, additions to existing structures and changes in use create on the roadway network. The need for the Traffic Impact fees, as identified in the Nexus Study remain, as the infrastructure improvements have not yet been constructed. 3. The sources and amounts of funding anticipated to complete the financing of the Transportation Impact Fee are identified below: • Developer Fair-Share Contributions from all projects that create new vehicle trips. 4. The approximate dates, on which the funding for the needed transportation impact improvements is expected to be deposited, are identified in the Five-Year Report on the next page. 11/05/19 25 of 347 Attachment A Page | 7 394\01\1992522.1 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Projects in the Transportation Impact Fee Nexus Study $59,780,125 $197,210 100% Additional Developer Contributions, State and Federal grants, General Fund Fall 2024 Winter 2019 Summer 2025 Annual Report Amount of Fee: Based on Transportation Impact Fee Nexus Study FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2018 0 Fees Collected $196,210 Interest $1,374 Expended Subtotal 0 0 Refunded 0 Balance at 6/30/2019 $197,584 11/05/19 26 of 347 Attachment A Page | 8 Dept.: Public Works Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades Local Authority: EXC-2007-06: Condition of Approval No. 21 TM-2007-02: Condition of Approval No. 24 Five Year Reporting & Findings Requirement: 1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses over Interstate 280. Public facilities to be funded with the fees were described in: a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13, 2007 for Architectural Site Approval ($25,000 collected) b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18, 2007 for Tentative Map Application ($25,000 collected) 2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee was charged in that new development in the vicinity of the bridge increases pedestrian traffic across the bridge. The need for improvements to the bridge, that were identified during the review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to the two projects. 3. The sources and amounts of funding anticipated to complete the financing of the bridge improvements are identified below: • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Pedestrian Lighting & Upgrades – N. Stelling/ I280 Bridge $100,000 $42,909 50% Anticipated that City will fund the remaining cost of the project Spring/2021 Summer/2021 Fall/2021 11/05/19 27 of 347 Attachment A Page | 9 394\01\1992522.1 Annual Report Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to improvement. FY 2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $ 50,124 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $802 $4,476 Expended 0 ($3,550) Refunded 0 0 Balance at 6/30/2019 $ 50,926 $ 50,926 11/05/19 28 of 347 Attachment A Page | 10 Dept.: Public Works Project: De Anza/McClellan/Pacifica signal modification Local Authority: TM-2002-02: Condition of Approval No. 23 Five Year Reporting & Findings Requirement: 1. The purpose of the De Anza/McClellan/Pacifica signal modification is to study and redesign the traffic signal to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Town Square: TM-2002-02: Condition of Approval No. 2, dated July 15, 2003 for Tentative Map application ($145,700 collected) 2. A reasonable relationship exists between the De Anza/McClellan/Pacifica signal modification contribution and the purpose for which the fee was charged, in that the new development introduces additional vehicular and pedestrian traffic to the intersection. The need for improvements to the intersection and the traffic signal, as they were identified during the review of the project, remains. The intersection continues to run less efficiently than other intersections in the area. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are identified below: • Developer Fair-Share Contributions from other projects that contribute traffic to the intersection. • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. • Vehicle Emissions Reductions Based at Schools (VERBS) Grant funding. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Signal & Intersection Improvements De Anza Blvd/ McClellan Rd/ Pacifica Ave $600,000 $163,125 20% Developer Contributions, General Fund, and VERBS Grants Funding has been provided. Summer/ 2019 Spring 2020 Summer 2021 11/05/19 29 of 347 Attachment A Page | 11 394\01\1992522.1 Annual Report Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $160,556 Amount $ - Fees Collected 0 $ 145,700 Repayment Date (est.) na Interest $2,569 $17,425 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $163,125 $163,125 11/05/19 30 of 347 Attachment A Page | 12 Dept.: Public Works Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements Local Authority: ASA-2011-12: Condition of Approval No. 43 Five Year Reporting & Findings Requirement: 1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43 dated November 17, 2011 for Architectural Site Approval ($25,000 collected) 2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal Improvements fee and the purpose for which the fee was charged, in that the new development has a driveway that connects directly to the signalized intersection and the development will introduce additional vehicular and pedestrian traffic to the intersection. The need for the improvements to the intersection, which were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the intersection. • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. 4. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Stevens Creek Blvd and Bandley Drive Signal Improvements $185,000 $13,229 5% Developer Contributions, and General Fund. Funding has been provided. Summer/ 2019 Spring/2020 Summer/2020 11/05/19 31 of 347 Attachment A Page | 13 Annual Report Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic to intersection. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $13,229 Amount $ - Fees Collected 0 $ 25,000 Repayment Date (est.) na Interest $415 $1,355 Expended $13,126 Kimley Horn Contract ($13,126) Refunded 0 0 Balance at 6/30/2019 $13,229 $ 13,229 11/05/19 32 of 347 Attachment A Page | 14 Dept.: Public Works Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway Local Authority: TM-2012-04: Condition of Approval No. 87 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund improvements to the intersection in order to address traffic impacts from the project. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20, 2012 for Tentative Map application ($400,000 collected) 2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee and the purpose for which the fee was charged, in that the development, in the vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report assessed a fair share contribution from the project to address its portion of the impact. The need for improvements to the intersection, as they were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are to be identified by the County of Santa Clara. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Mitigation at Homestead Rd and Lawrence Expressway Bridge $4,000,000 $420,164 100% To be determined by the County of Santa Clara When adequate funds have been acquired by the County to begin the project. Anticipated Summer/ 2020 Fall/2020 Summer/2021 11/05/19 33 of 347 Attachment A Page | 15 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $413,547 Amount $ - Fees Collected 0 $400,000 Repayment Date (est.) na Interest $6,617 $20,164 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $420,164 $420,164 11/05/19 34 of 347 Attachment A Page | 16 Dept.: Public Works Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino Local Authority: TM-2012-04: Condition of Approval No. 93 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5 years following project occupancy. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for Tentative Map application ($100,000 collected). 2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the fee was charged, in that the development introduces additional traffic to the surrounding neighborhoods. The City will utilize the funds as needed to address traffic impacts to the surrounding neighborhoods, for a period of 5-years after occupancy. 5. The sources and amounts of funding anticipated to complete financing of the traffic calming mitigations were collected with the project ($100,000). 3. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Calming along Rodrigues Ave. and Pacifica Dr. $100,000 $105,041 100% Project fully funded Fees have been collected. Anticipated initiation of project is Summer/2021 Fall/2018 Summer/2022 11/05/19 35 of 347 Attachment A Page | 17 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $103,387 Amount $ - Fees Collected 0 $100,000 Repayment Date (est.) na Interest $1,654 $5,041 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $105,041 $105,041 11/05/19 36 of 347 Attachment A Page | 18 Dept.: Public Works Project: Creek Trail Improvements along Calabazas Creek Local Authority: TM-2012-04: Condition of Approval No. 47 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to administer a creek trail plan, the necessary approvals and improvements for a new trail along Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20, 2012 for Tentative Map application ($65,000 collected) 2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek Fee and the purpose for which the fee was charged in that development in the vicinity of the proposed creek trail introduces additional pedestrian traffic to the area, causing the need to provide additional and alternative means of pedestrian access and recreation to new residents and visitors to the development. The need for a new creek trail, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the project are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the proposed creek trail location 4. The approximate dates on which the funding for the trail improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page. 11/05/19 37 of 347 Attachment A Page | 19 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Creek Trail Improvements along Calabazas Creek $195,000 $68,278 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2022 Spring/2023 Summer/2023 Annual Report Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $ 67,203 Amount $ - Fees Collected 0 $ 65,000 Repayment Date (est.) na Interest $1,075 $3,278 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $ 68,278 $68,278 11/05/19 38 of 347 Attachment A Page | 20 Dept.: Public Works Project: Parking Conversion Fund along Vallco Parkway Local Authority: TM-2012-04: Condition of Approval No. 67 Five Year Reporting & Findings Requirement: 1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to convert the angled parking spaces along the south side of Vallco Parkway to parallel parking spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for Tentative Map application ($450,000 collected) 2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and the purpose for which the fund was collected in that new development is adjacent to this section of Vallco Parkway, and the development reduced the number of east-bound lanes a part of their project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the development, should it be found that the additional lane is necessary to serve the public. The fund is based on the estimated cost to perform the work. The need for the funds, that were identified when the funds was imposed, remain, as the development project has not yet been completed, and the full impact of traffic to this portion of road has not yet materialized. 3. The sources and amounts of funding anticipated to complete financing of the conversion were collected with the project ($450,000). 4. The approximate dates on which the funding for the conversion is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expect ed to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Parking Conversion Fund along Vallco Parkway $450,000 $472,684 100% No additional funds needed at this time. Fees have been collected. Anticipated initiation of project is Fall/2017 Fall/2017 Fall/2022 11/05/19 39 of 347 Attachment A Page | 21 Annual Report Amount of Fee: Estimated Full Cost of the potential improvements. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $465,240 Amount $ - Fees Collected 0 $450,000 Repayment Date (est.) na Interest $7,444 $22,684 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $472,684 $472,684 11/05/19 40 of 347 Attachment A Page | 22 Dept.: Public Works Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Local Authority: TM-2011-03: Condition of Approval No. 49 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent to the project site, due to the practices of employees who will work at the project site. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM 2011-03: Condition of Approval No. 49 dated 10/15/2013 for Tentative Map Application ($850,000 collected) 2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic from the development, for which the fee is to be used to monitor, has not yet materialized because the development has not been fully constructed or occupied. The City will begin monitoring activities in the fall of 2017. The $850,000 fee was based on an estimate of the cost to perform the monitoring and make minor modifications to address traffic and parking intrusion concerns. The need for traffic and parking intrusion monitoring, as it was identified during the review of the project, remains. The traffic, for which the fees are to be used to monitor, has not yet materialized. 3. The sources and amounts of funding anticipated to complete monitoring and improvements were collected with the project ($850,000). 4. The approximate dates on which the funding for the monitoring is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring $869,223 $851,004 100% No additional funds needed at this time. Fall/ 2017 Summer/2017 Winter/2021 11/05/19 41 of 347 Attachment A Page | 23 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $856,060 Amount $ - Fees Collected 0 $850,000 Repayment Date (est.) na Interest $13,697 $42,482 Expended ($18,753) IDAX & Stantec Consulting Contracts ($41,478) Refunded 0 0 Balance at 6/30/2019 $851,004 $851,004 11/05/19 42 of 347 Attachment A Page | 24 Dept.: Public Works Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd Local Authority: TM-2011-03: MitigationTRANS-13c Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-13c, dated 10/15/2013 for Tentative Map application ($50,000 collected) 2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza Blvd fee and the purpose for which the fee was charged in that new development will introduce additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to address the additional traffic. The fee was based on a fair-share contribution of the estimated total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology upgrades will be provided through fair-share contributions from other developers that impact the corridor. 4. The approximate dates on which the funding for the traffic adaptive technology is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic- Adaptive Traffic Signal System along De Anza Blvd $250,000 $52,521 100% Fair share contributions from other developers that impact the corridor Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Fall/2019 Summer/202 0 11/05/19 43 of 347 Attachment A Page | 25 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $ 51,693 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $827 $2,521 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $ 52,521 $52,521 11/05/19 44 of 347 Attachment A Page | 26 Dept.: Public Works Project: Interstate 280/Junipero Serra Channel Trail Improvements Local Authority: TM-2011-03: Mitigation PLAN-3 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Interstate 280/Junipero Serra Channel Trail Improvements fee is to partially fund a feasibility study for a new trail along I-280/Junipero Serra Channel from N. De Anza Blvd to Calabazas Creek. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation PLAN-3, dated 10/15/2013 for Tentative Map application ($250,000 collected) b. Cupertino Property Development – Hyatt House – 10380 Perimeter Rd: DP-2014-04: Condition of Approval No. 21, dated October 21, 2014, for Development Permit application ($66,000 collected). 2. A reasonable relationship exists between the I-280/Junipero Serra Channel Trail Improvements fee, and the purpose for which the fee was charged, in that the development in the vicinity of the proposed trail will introduce additional pedestrian and bicycle traffic between the new campus and the existing campus, causing the need to provide additional and alternative routes between the developments. The need for a new trail study, as it was identified during the review of the project, remains, as the study has not yet completed. 3. The sources and amounts of funding anticipated to complete financing of the study are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the proposed trail location. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified on the next page. 11/05/19 45 of 347 Attachment A Page | 27 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Interstate 280/Junipero Serra Channel Trail Improvements $500,000 $64,980 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2017 Fall/2017 Winter/2021 Annual Report Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $181,711 Amount $ - Fees Collected 0 $ 316,000 Repayment Date (est.) na Interest $2,907 $13,305 Expended ($119,638) Callander Assoc. Contract ($264,325) Refunded 0 0 Balance at 6/30/2019 $64,980 $64,980 11/05/19 46 of 347 Attachment A Page | 28 Dept.: Public Works Project: Contribution towards Monta Vista Street Improvement Project Local Authority: Installation Agreement – 10104 Byrne Avenue: Santa Clara County Recorded Document 23316184, Exhibit C, Part G Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the contribution toward the Monta Vista Street Improvement Project is to enable the City to construct improvements along the property frontage in conjunction with the overall Capital Improvement Project being undertaken by the City. Public facilities to be funded with City’s General Fund and the contribution described in: a. Installation Agreement – 10104 Byrne Ave: Santa Clara County Recorded Document 23316184, Exhibit C, Part G, dated 5/25/2016, for Building Permit Application ($34,395 collected) 2. A reasonable relationship exists between the Monta Vista Street Improvement Project and the purpose for which the contribution was accepted, in that the development of 10104 Byrne Avenue is required to construct the improvements as a condition of the Building Permit, per Cupertino Municipal Code Section 14.04. The contribution was accepted by the City in order to allow the developer to share in the construction cost savings that a larger project, such as the City’s Capital Improvement Project, offers. 3. The sources and amounts of funding anticipated to complete financing of the Monta Vista Street Improvement Project are anticipated to be funded by the Cupertino General Fund. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below. 11/05/19 47 of 347 Attachment A Page | 29 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Monta Vista Street Improvement Project $1,880,000 $35,968 2% Cupertino General Fund is anticipated to complete project funding Summer/2017 Fall/2019 Spring/2020 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $35,402 Amount $ - Fees Collected 0 $34,395 Repayment Date (est.) na Interest $566 $1,007 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $35,968 $35,968 11/05/19 48 of 347 Attachment A Page | 30 Dept.: Public Works Project: Contribution towards Stevens Creek Blvd. Bicycle Lane Improvements Local Authority: ASA-2018-01: Condition of Approval No. 43 Five Year Reporting & Findings Requirement: 5. The purpose of the Stevens Creek Blvd. Bicycle Lane Improvement fee is to partially fund upgrades to the bicycle lanes on Stevens Creek Blvd in order to improve the enhance the safety of the bicycle lanes. Public facilities to be funded with the fees were described in: a. Target Improvements: ASA-2018-01: Condition of Approval No. 22 dated August 14, 2018 for Architectural Site Approval ($75,000 collected) 6. A reasonable relationship exists between the Stevens Creek Blvd. Bicycle Lane Improvements fee and the purpose for which the fee was charged, in that the new development abuts Stevens Creek Blvd., and will introduce additional traffic to the area. The need for the improvements to the bicycle lanes, which were identified during the review of the project, remains. 7. The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below: • Developer Fair-Share Contributions from other projects along Stevens Creek Blvd. • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. 8. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2019 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Stevens Creek Bicycle Lane Improvements (Wolfe Rd to Hwy 85) $2,800,000 $76,200 2% Developer Contributions, and General Fund. Winter/ 2021 Spring/2021 Summer/2021 11/05/19 49 of 347 Attachment A Page | 31 Annual Report Amount of Fee: Contribution from developments, based on estimated costs to construct facilities along property frontages. FY2018-19 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2018 $0 Amount $ - Fees Collected $75,000 $ 75,000 Repayment Date (est.) na Interest $1,200 $1,200 Expended 0 0 Refunded 0 0 Balance at 6/30/2019 $76,200 $ 76,200 1176526.1 11/05/19 50 of 347 CITY OF CUPERTINO Legislation Text Subject: Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. No authorization for design, construction or budget action requested at this time. Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. File #:19-5611,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 51 of 347 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report September 30, 2019 Attachment A11/05/19 52 of 347 Mott MacDonald 2077 Gateway Place, Suite 550 San Jose CA 95110 United States of America +1 925 398 7274 mottmac.com Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report September 30, 2019 Attachment A11/05/19 53 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 507401684 | 01 | A | September 30, 2019 Contents Executive summary 1 1 Project Context 4 1.1 Project Overview and Purpose 4 1.2 Public Outreach Process 4 2 Existing Conditions 6 2.1 Overview of Study Area 6 2.2 Project Constraints 8 2.3 Utilities 8 2.4 Geotechnical Conditions 8 2.5 Bridge Basis of Design 9 2.6 Summary of Existing Plans and Policies 10 3 Alternatives Analysis 12 3.1 Bridge Alignment Selection Criteria 12 3.2 Evaluation Criteria 12 3.3 Bridge Foundation 12 3.4 Bridge Structure Types 13 3.4.1 Option 1: Steel Girder Bridge 13 3.4.2 Option 2: Steel Pratt Truss Bridge 15 3.4.3 Option 3: Steel Howe Truss Bridge 17 3.4.4 Option 4: Steel Tied Arch Bridge 19 3.4.5 Option 5: Steel Inclined Arch Bridge 21 3.4.6 Option 6: Clear Span Girder Bridge 23 3.4.7 Summary of Bridge Options 23 3.5 ROW Impacts and Acquisitions 23 3.6 Safety Treatments for Pedestrians/Bicyclists 26 4 Public Outreach 27 4.1 Stakeholder Visioning 27 4.2 Public Meeting #1 27 4.3 Public Meeting #2 30 Attachment A11/05/19 54 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report Figures Figure 1. Study area and approximate proposed overcrossing location.1 Figure 2. Study area and approximate proposed overcrossing location. 7 Figure 3. H10 Vehicle Loading 9 Figure 4. Rendering of a Steel Girder Bridge over Stevens Creek Boulevard. 14 Figure 5. Looking South on Carmen Road 14 Figure 6. Looking North on Carmen Road 14 Figure 7. Rendering of a Steel Pratt Truss Bridge over Stevens Creek Boulevard. 16 Figure 8. Looking South on Carmen Road 16 Figure 9. Looking North on Carmen Road 16 Figure 10. Rendering of a Steel Howe Truss Bridge over Stevens Creek Boulevard. 18 Figure 11. Looking South on Carmen Road 18 Figure 12. Looking North on Carmen Road 18 Figure 13. Rendering of a Steel Tied Arch Bridge over Stevens Creek Boulevard. 20 Figure 14. Looking South on Carmen Road 20 Figure 15. Looking North on Carmen Road 20 Figure 16. Rendering of a Steel Inclined Arch Bridge over Stevens Creek Boulevard. 22 Figure 17. Looking South on Carmen Road 22 Figure 18. Looking North on Carmen Road 22 Figure 19. Centerline and skewed alignment of the proposed bridge, nearby properties, and existing utilities. 24 Figure 20. Existing utility pole, overhead cables, trash bins and mailboxes on Carmen Road north of Stevens Creek Boulevard, existing street light on SCB and existing water meter on Carmen Road. 25 Figure 21. Participants listen to the City of Cupertino's Transportation Manager, David Stillman, providing an overview of the project.27 Figure 22. Participants at Public Meeting #2 fill out comment cards indicating their preferred 29 30 31 31 31 32 bridge types and providing feedback on the project. Figure 23. Option 1 – 33 Percent responded as their first choice Figure 24. Option 2 – 2 Percent responded as their first choice Figure 25. Option 3 – 2 Percent responded as their first choice Figure 26. Option 4 – 33 Percent responded as their first choice Figure 27. Option 5 – 29 Percent responded as their first choice Figure 28. Resident’s first choice for the five bridge options. Figure 29. Detailed breakdown of resident's ranking. 507401684 | 01 | A | September 30, 2019 33 31 Attachment A11/05/19 55 of 347 1 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report Executive summary The Carmen Road Pedestrian/Bicycle Bridge, a high priority (Tier 1) project in the 2018 Cupertino Pedestrian Transportation Plan, is a grade-separated structure envisioned to provide a connection for pedestrians and bicyclists between the neighborhoods north and south of Stevens Creek Boulevard, between Foothill Boulevard and Phar Lap Drive. The bridge would continue the existing alignment of Carmen Road across Stevens Creek Boulevard, allowing for easy and safe access to and from residences, schools, parks and recreation centers. It also would create a safer bicycle and walking route to Stevens Creek Elementary School and provide an alternate crossing to get to Kennedy Middle School and Monta Vista High School. Furthermore, the bridge would provide improved access and safety for residents at Sunny View Bay Area Retirement Community, a nearby 12-acre retirement facility. Figure 1. Study area and approximate proposed overcrossing location. This report provides a summary of the Carmen Road Pedestrian/Bicycle Bridge feasibility, including: ●Project context ●A summary of the existing conditions in the study area ●An alternatives analysis of potential bridge structure types ●Details of the public outreach process Existing Conditions According to the City of Cupertino General Plan – Community Vision 2040 Mobility Element, Boulevards (or Arterials), such as Stevens Creek Boulevard, should provide access and safe crossing for all modes of travel. Existing Stevens Creek Blvd crossings near the project site include the Foothill Blvd, a signalized intersection approximately ¼ mile west of the proposed Attachment A11/05/19 56 of 347 2 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report bridge, and Phar-Lap Drive, an uncontrolled crossing approximately ¼ mile east of proposed bridge. The uncontrolled pedestrian crossing at Phar Lap Drive has been improved with pedestrian-actuated flashing beacons and is located on a sag vertical curve with a horizontal curve to the west. The distance between the existing crossings is approximately 0.5 miles which requires a significant detour for those wishing to walk to school who do not live near an existing crossing. Due to these safety considerations, a new separated pedestrian and cycling crossing has been identified as a priority. Alternatives Analysis Six potential bridge structure types were developed for further evaluation in the study. Detailed renderings illustrating the bridge structures are provided in Section 3.4. The structure types included: 1.Steel Girder Bridge with intermediate supports on either side of Stevens Creek Boulevard allows for shorter spans and a relatively shallow deck. 2.Steel Pratt Truss Bridge that clear spans Stevens Creek Boulevard. A Pratt truss has a general square look to the panels and the diagonals are lighter members. 3.Steel Howe Truss Bridge that clear spans Stevens Creek Boulevard. A Howe truss has a general triangular look to the panels. 4.Steel Tied Arch Bridge that clear spans Stevens Creek Boulevard. Arches provide a classic look for the bridge. 5.Steel Inclined Arch Bridge configured to provide intermediate supports and includes elegant arches with a lower profile above the bridge deck. 6.Clear Span Girder Bridge which has been removed from further consideration since it does not meet essential functional requirements. The alternatives were evaluated by the project team, and additional input from the community on the options was gathered at Public Meeting #2. Four evaluation criteria were used to analyze the alternative bridge types: ●Constructability: is construction of the bridge feasible? ●Construction duration/impact: what is the extent and duration of the impacts from construction on traffic and pedestrian movements? ●Aesthetics: Is the design visually appealing? ●Cost: estimated cost excluding right-of-way acquisitions, utility relocations and other necessary improvements which are expected to be similar for all options Table 1 provides an overview of the analysis of each bridge structure type by evaluation criteria. The performance measures (Low/Medium/High) are relative performance of the bridges as compared to one another. Options 1 – 5 were found to be feasible in terms of constructability. Option 6 was found to be infeasible and therefore has been excluded from further evaluation. Attachment A11/05/19 57 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 3 Bridge Type Constructability Construction duration/impact Aesthetics Cost 1.Steel Girder Feasible Low High 2.Steel Pratt Truss Feasible High Low 3.Steel Howe Truss Feasible High Low 4.Steel Tied Arch Feasible High Medium 5.Steel Inclined Arch Feasible High Medium 6.Clear Span Girder Unfeasible N/A N/A N/A The team anticipates potential right-of-way impacts/property acquisition and the need for safety treatments for bicyclists and pedestrians. A high-level overview of the potential impacts is outlined in Section 3.5, and these elements will be addressed in more detail in the next phase of the study. Public Outreach Community engagement and public outreach has played an important role in shaping the Carmen Road Pedestrian/Bicycle Bridge Project. To date, there have been three opportunities for the community to provide feedback on the potential crossing: ●Stakeholder Visioning/Online Survey from November 26, 2018 to January 31, 2019: to gather initial thoughts from the community about this potential crossing. ●Public Meeting #1 on January 24, 2019: to introduce the project to the community through one-on-one discussions and by submitting written comment forms that were distributed at the event. ●Public Meeting #2 May 29, 2019: to inform the community on the status of the feasibility study and to seek feedback on the possible structure alternatives which are currently under consideration. These items are covered in more detail in Section 4 of this report. Table 1. Bridge structure types by performance metric. $1.25 M - $1.5 M $1.5 M - $1.85 M $1.5 M - $1.85 M $1.6 M - $1.95 M $1.4 M - $1.75 M Attachment A11/05/19 58 of 347 4 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 1 Project Context 1.1 Project Overview and Purpose The Carmen Road Pedestrian/Bicycle Bridge, a high priority (Tier 1) project in the 2018 Cupertino Pedestrian Transportation Plan, is a grade-separated structure envisioned to provide a connection for pedestrians and bicyclists between the neighborhoods north and south of Stevens Creek Boulevard, between Foothill Boulevard and Phar Lap Drive. The bridge would continue the existing alignment of Carmen Road across Stevens Creek Boulevard, allowing for easy and safe access to and from residences, schools, parks, retirement communities and recreation centers. In addition to enhancing neighborhood connectivity, the project would also create a safer bicycle and walking route to Stevens Creek Elementary School and provide an alternate crossing to get to Kennedy Middle School and Monta Vista High School. Furthermore, the bridge would provide improved access and safety Stevens Creek Blvd for residents at Sunny View Bay Area Retirement Community, a Quick Facts nearby 12-acre retirement facility. Approximately 312 Stevens Creek Elementary school students live on the south side of Stevens ● ADT: 10,850 Creek Blvd and could potentially use the bridge to access the ● Collision Rate: school. Additionally, approximately 686 Kennedy Middle School 1.40 and Monta Vista High School students live north of Stevens Creek ● 85th Percentile Blvd in the vicinity of Carmen Road and would potentially use the Speed: 40 MPH bridge. According to the City of Cupertino General Plan – Community Vision 2040 Mobility Element, Boulevards (or Arterials), such as Stevens Creek Boulevard, should provide access and safe crossing for all modes of travel. Existing Stevens Creek Blvd crossings near the project site include the Foothill Blvd, a signalized intersection approximately ¼ mile west of the proposed bridge, and Phar-Lap Drive, an uncontrolled crossing approximately ¼ mile east of proposed bridge. The uncontrolled pedestrian crossing at Phar Lap Drive has been improved with pedestrian-actuated flashing beacons and is located on a sag vertical curve with a horizontal curve to the west. The distance between the existing crossings is approximately 0.5 miles which requires a significant detour for those wishing to walk to school who do not live near an existing crossing. Due to these safety considerations, a new grade-separated pedestrian and cycling crossing has been identified as a high priority. The feasibility study process began in November 2018 and continued through Summer 2019. It has included community engagement/stakeholder outreach and has culminated in this report identifying potentially suitable bridge structure types, while addressing issues identified during the community outreach process. No funding or budget has currently been identified beyond the feasibility study phase. 1.2 Public Outreach Process Public Outreach has played an important role in shaping the Carmen Road Pedestrian/Bicycle Bridge Project. To date, there have been three opportunities for the community to provide feedback on the potential crossing which are described below. Detailed results are provided in Appendix A. Attachment A11/05/19 59 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 5 Online Survey The City hosted an online survey from November 26, 2018 to January 31, 2019 to gather initial thoughts from the community about this potential crossing. A total of 350 responses were received and the majority were supportive of the new crossing. Summarized comments are in Appendix A1. Public Meeting #1 The project's first public meeting was held on January 24, 2019 to introduce the project to the community. Approximately 30 people signed into the event, all of whom were invited to provide feedback to City staff and project consultants through one-on-one discussions and by submitting written comment forms that were distributed at the event. Detailed meeting minutes and redacted comments are in Appendix A2. Public Meeting #2 City staff held the project's second public meeting on May 29, 2019. The purpose of the meeting was to inform the community on the status of the feasibility study and to seek feedback on the possible structure alternatives which are currently under consideration. Approximately 40 people signed into the meeting, all of whom were asked to share their thoughts and rank the structure alternatives by submitting written comment and ranking forms that were distributed at the event. Detailed meeting minutes and redacted comments are in Appendix A3. Attachment A11/05/19 60 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 6 2 Existing Conditions 2.1 Overview of Study Area The Study Area is located within the City of Cupertino at Carmen Rd and Stevens Creek Boulevard. Stevens Creek Boulevard is a major east-west arterial through the City with an existing buffered bike lane. Prior to the construction of Stevens Creek Blvd many decades ago, Carmen Road was continuous at this location. However, with the construction of Stevens Creek Blvd, Carmen Road was severed and now terminates in a cul-de-sac to the north and the south of Stevens Creek Blvd. Importantly, there are three schools near the proposed crossing: Stevens Creek Elementary School, Kennedy Middle School, and Monta Vista High School. Nearly 1,500 students and parents commute across Stevens Creek Boulevard to the three schools1. The current suggested routes to school across Stevens Creek Boulevard include Lockwood Drive and Janice Avenue. The crossing at Carmen Road would provide a safer and more direct route for parents and students to access the schools, while also improving access to parks and other community amenities for residents in the area. 1 Walk-Bike Cupertino: Advocating Safe-Easy Biking & Walking Routes for Cupertino (2016). Student traffic patterns for Carmen Road and Stevens Creek Boulevard Attachment A11/05/19 61 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 7 Figure 2. Study area and approximate proposed overcrossing location.Attachment A11/05/19 62 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 8 2.2 Project Constraints The objective of the new pedestrian crossing is to conform to existing conditions to the extent possible to limit costs associated with modifications to existing roadways, utilities and existing driveways. Additional constraints include vertical and horizontal bridge clearances, accessibility to maintenance vehicles, Americans with Disabilities (ADA) grade requirements, limits on falsework, staging and right-of-way. 2.3 Utilities Desktop research and field visits have indicated that relocation of some utilities in the proposed project area is required. The City of Cupertino’s Open GIS Portal was utilized to download the following datasets and imported into the project area using AutoCAD: ●Parcels ●Edge of Pavement ●Building Footprints ●Storm Water ●2016 1ft Contours It is important to ensure utility location and coordination begins at the earliest possible stage. Therefore, in preparation for the following design stage, each utility company with facilities in the project area has been notified of this project. As part of this notification, the utility was asked to provide record information and identify the locations of all existing facilities. The utility companies with facilities in the project area include Pacific Gas and Electric (PG&E), Comcast, AT&T, San Jose Water and Cupertino Sanitation District. CAD reference files were created for each known utility based on the information received from each utility via a Request for Information. Of these utilities, it is anticipated that the project will have conflicts with existing sanitary sewer pipes and manholes, as well as existing overhead electric and cable lines. A utility plan including existing utilities within the project site and potential utility conflicts is included in Appendix B 2.4 Geotechnical Conditions Geotechnical evaluation of the site has consisted of a search for nearby geotechnical reports and desktop reviews of geological maps. The site is identified by Graymer2 as being on the cusp of Pleistocene surficial alluvial deposits Qpa and near-surface Pleistocene or Pliocene sedimentary rock QTs. These conditions are considered generally favorable for foundation bearing and have lower seismic demands than soft soil sites. Given the local site topography, the site will generally drain to the east, down the slope of Stevens Creek Boulevard towards Stevens Creek and is not anticipated to be subject to significant flooding events. Foundation concepts for the bridge could include a deep foundation comprising cast-in-drilled-hole elements or possibly shallow foundations, depending on the site-specific conditions. Driven piles are less attractive as a solution for their propensity to cause disruption to the nearby residential neighbors. 2 Graymer, R.W., Moring, B.C., Saucedo, G.J., Wentworth, C.M., Brabb, E.E., Knudsen, K.L., (2006), Geologic Map of the San Francisco Bay Region. U.S. Geological Survey. Available online, http://pubs.usgs.gov/sim/2006/2918 . Attachment A11/05/19 63 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 9 As with any site in the San Francisco Bay Area, strong shaking from earthquakes should be expected in the design life of the structure. Further stages of design must consider seismic loading as part of compliance with applicable codes and standards. 2.5 Bridge Basis of Design Based on preliminary discussions with The City of Cupertino, the new Bicycle / Pedestrian Overcrossing Bridge (BPOC) is classified as a non-essential structural facility. The bridge will be designed and constructed in accordance with the American Association of State Highway Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) Bridge Design Specifications, 6th Edition with Caltrans Amendments and Caltrans Technical Publications and Guidelines. Design Life The Design Life of the structure shall be 75 years. Bridge Geometry The length of the bridge to link the northern and southern portions of Carmen Road will be 120 – 125 feet. The bridge will cross over Stevens Creek Boulevard and will require a 15’-6” clearance to the underside of the structure. A pedestrian bridge will require an additional 2’ of clearance to reduce the risk of damage and thereby provide additional safety. The total permanent clearance over Stevens Creek Boulevard will be 17’-6”. The clear bridge width may be up to 12 feet if required to accommodate maintenance vehicles and multi-use bicycle and pedestrian functionality. Otherwise, an 8- or 10-foot width may be considered. Live Loads The Live loads considered in the design are the following: ●Bike/pedestrian load of 100psf. ●A maintenance vehicle H10 as outlined in AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, 2009. ●The bridge will satisfy deflection and vibration performance criteria per Sections 5 and 6 of the AASHTO LRFD Guide Specification for the Design of Pedestrian Bridges. Figure 3. H10 Vehicle Loading Attachment A11/05/19 64 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 10 Seismic Design The Seismic design of the BPOC bridge shall be in accordance with the following codes: ●Caltrans Acceleration Response Spectrum Curve based on a 5% in 50 years probability of exceedance (or 975-year return period) 2.6 Summary of Existing Plans and Policies In June 2016, the Cupertino City Council adopted the 2016 Bicycle Transportation Plan that will guide the development and implementation of improving the City’s bicycling environment for years to come. A summary of the primary objectives of the Bicycle Transportation Plan is provided below. ●Increase awareness and value of bicycling through encouragement, education, enforcement, and evaluation programs. ●Improve bicyclist safety through the design and maintenance of roadway improvements. ●Increase and improve bicycle access to community destinations across the City of Cupertino for all ages and abilities. “The City of Cupertino envisions an exceptional bicycling environment that supports active living and healthy transportation choices, provides for safer bicycling, and enables people of all ages and abilities to access jobs, school, recreation, shopping, and transit on a bicycle as a part of daily life.” - Vision Statement from the 2016 Bicycle Transportation Plan. The 2016 Bicycle Transportation Plan recommends implementation of Carmen Road Pedestrian/Bicycle Bridge as a Tier 2 project. The bridge will allow easy and safe access to and from residences, schools, parks, and recreation centers. It also would create a safer bicycle and walking route to Stevens Creek Elementary School and provide an alternate crossing to get to Kennedy Middle School and Monta Vista High School. In February 2018, the Cupertino City Council adopted the 2018 Pedestrian Transportation Plan that will guide the City toward achieving its vision of an inviting, safe and connected pedestrian network. General statements of what the City and residents hope to achieve over time is summarized below. ●Improve pedestrian safety and reduce the number and severity of pedestrian-related collisions, injuries, and fatalities. ●Increase and improve pedestrian access to community destinations across the City of Cupertino for people of all ages and abilities. ●Continue to develop a connected pedestrian network that fosters an enjoyable walking experience. The 2018 Pedestrian Transportation Plan outlines goals to improve pedestrian safety, access, and connectivity within the City. The Carmen Road Pedestrian/Bicycle Bridge is identified as a Tier 1 project within the 2018 Pedestrian Transportation Plan. The bridge will supplement the extensive pedestrian network the City is aiming for and supports all of the plan’s goals. The City of Cupertino General Plan – Community Vision 2040 contains twelve guiding principles that encompass a broad range of community aspirations. The Guiding Principles provide additional detail about Cupertino’s desired future necessary to fully articulate the ideas contained in the vision statement. Similarly, the Guiding Principles were developed based on extensive community input. The following guiding principles are consistent with the proposed Carmen Road Pedestrian/Bicycle Bridge project: Attachment A11/05/19 65 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 11 ●# 1 Develop Cohesive Neighborhoods: Ensure that all neighborhoods are safe, attractive and include convenient pedestrian and bicycle access to a “full-service” of local amenities such as parks, schools, community activity centers, trails, bicycle paths, and shopping. ●# 3 Improve Connectivity: Create a well-connected and safe system of trails, pedestrian and bicycle paths, sidewalks and streets with traffic calming measures that weave the community together, enhance neighborhood pride and identity, and create access to interesting routes to different destinations. ●# 4 Enhance Mobility: Ensure the efficient and safe movement of cars, trucks, transit, pedestrians, bicyclists and disabled persons throughout Cupertino to fully accommodate Cupertino’s residents, workers, visitors and students of all ages and abilities. Streets, pedestrian paths, and bike paths should comprise an integrated system of fully connected and interesting routes to all destinations. Attachment A11/05/19 66 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 12 3 Alternatives Analysis 3.1 Bridge Alignment Selection Criteria The horizontal alignment is centered along the extended centerlines of Carmen Road. There are potential adjustments that could be made in later stages of the design to reduce the right-of- way impact to properties; however, this adjustment would potentially impact the overhead utility pole in the northern cul-de-sac. The vertical profile is sensitive to the depth required for the structure due to the relative elevations of the south and north abutments and the clearance required over Stevens Creek Boulevard. 3.2 Evaluation Criteria There were four evaluation criteria used to analyze the alternative bridge types: ●Constructability: Considering the size and space needs for the required construction equipment in Stevens Creek Boulevard and the cul-de-sacs, falsework or temporary support requirements and the need to keep one lane of traffic open on Stevens Creek Boulevard at all times, is construction of the bridge feasible? ●Construction duration/impact: what is the extent and duration of the impacts from construction on traffic and pedestrian movements? ●Aesthetics: Is the design visually appealing? ●Cost: What is the relative cost of the bridge type? Cost estimates provided exclude right-of- way acquisition costs and utility relocation costs which are assumed to be similar for all bridge types.3 The Mott MacDonald team assessed each structure type based on these criteria, and community members were asked to rank their preferred options based on the same criteria at Public Meeting #2. 3.3 Bridge Foundation A single span bridge is feasible for the length of the crossing required. However, a single span bridge would by definition have foundations in the cul-de-sacs. In order to reduce the construction duration and the footprint of such foundations, single span bridge types would likely have deep foundations at this project site. In order to reduce or eliminate the impact of bridge foundations in the cul-de-sacs, two schemes were conceived that would have foundations on the slopes or at the bottom of the slopes on either side of Stevens Creek Boulevard. The foundations on the slope (Option 5) would likely be deep foundations also. However, the scheme requiring foundations at the base of the slopes (Option 1) could potentially have spread footings. 3 Cost estimates include construction costs plus: 25% for increased project area (i.e. community integration projects) 20% Design 25% Project Management/Construction Management (PM/CM) 30% Contingency Attachment A11/05/19 67 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 13 3.4 Bridge Structure Types Six bridge structure types were evaluated by the project team as described below. Additional input was gathered from the community at Public Meeting #2. Options 1 – 5 were found to be feasible in terms of constructability. Option 6 was found to be infeasible and therefore was excluded from further evaluation. All of the five feasible options are proposed to include 10-foot tall screens/meshes on either side of the bridge railings to prevent projectiles leaving the bridge and entering the roadway on Stevens Creek Boulevard. Additional security measures could include the installation of video cameras on the bridge for monitoring purposes. 3.4.1 Option 1: Steel Girder Bridge A steel girder bridge with intermediate supports on either side of Stevens Creek Boulevard allows for shorter spans and a relatively shallow deck (Figure 4 to Figure 6). Construction duration/impact ●Bridge structure is made of three steel girders that can be delivered and erected individually without the need for falsework over Stevens Creek Blvd ●Main foundation construction from Stevens Creek Blvd approximately 7-10 days per side; one traffic lane in each direction maintained at all times. Similar periods and impacts for column construction ●Deck construction will require 20 days of light equipment access through the cul-de-sacs on each end of Carmen Road ●There will be 3 nights of individual lane closures on Stevens Creek Blvd for deck construction Aesthetics ●Shallowest profile and overall height compared to all other design options provides an unassuming, yet elegant bridge that provides opportunities for aesthetic enhancements of the railings and screens Cost ●$1.25M – $1.5M in 2019 dollars (See Section 3.2 – Evaluation Criteria for details) Attachment A11/05/19 68 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 14 Figure 4. Rendering of a Steel Girder Bridge over Stevens Creek Boulevard. (Option 1) Figure 5. Looking South on Carmen Road Figure 6. Looking North on Carmen Road (Option 1) (Option 1) Attachment A11/05/19 69 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 15 3.4.2 Option 2: Steel Pratt Truss Bridge A steel truss that clear spans Stevens Creek Boulevard. A Pratt truss has a general square look to the panels and the diagonals are lighter members (Figure 7 to Figure 9). Construction duration/impact ●Trusses can be assembled on falsework over Stevens Creek Blvd from individual members or three pre-assembled pieces ●Foundation construction in each cul-de-sac will take 10-15 days ●Truss erection will impact traffic for 10-15 nights in Stevens Creek Blvd, during which one lane of traffic will be open in each direction ●Deck construction will require 20 days of light equipment access through the cul-de-sacs ●There will be 3 nights of individual lane closures on Stevens Creek Blvd for deck construction, during which one lane of traffic will be open in each direction Aesthetics ●A commonly used structure type for medium span pedestrian bridges which has significant presence while providing a feeling of enclosure and safety Cost ●$1.5M - $1.85M in 2019 dollars (See Section 3.2 – Evaluation Criteria for details) Attachment A11/05/19 70 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 16 Figure 7. Rendering of a Steel Pratt Truss Bridge over Stevens Creek Boulevard. Figure 8. Looking South on Carmen Road Figure 9. Looking North on Carmen Road (Option 2) (Option 2) (Option 2) Attachment A11/05/19 71 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 17 3.4.3 Option 3: Steel Howe Truss Bridge A steel truss that clear spans Stevens Creek Boulevard. A Howe truss has a general triangular look to the panels (Figure 10 to Figure 12). Construction duration/impact ●Trusses can be assembled on falsework over Stevens Creek Blvd from individual members or three pre-assembled pieces ●Foundation construction in each cul-de-sac will take 10-15 days ●Truss erection will impact traffic for 10-15 nights in Stevens Creek Blvd, during which one lane of traffic will be open in each direction ●Deck construction will require 20 days of light equipment access through the cul-de-sacs ●There will be 3 nights of individual lane closures on Stevens Creek Blvd for deck construction, during which one lane of traffic will be open in each direction Aesthetics ●A robust looking structure which is often seen on railway bridges, also provides a feeling of enclosure and safety Cost ●$1.5M - $1.85M in 2019 dollars (See Section 3.2 – Evaluation Criteria for details) Attachment A11/05/19 72 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 18 Figure 10. Rendering of a Steel Howe Truss Bridge over Stevens Creek Boulevard. Figure 11. Looking South on Carmen Road Figure 12. Looking North on Carmen Road (Option 3) (Option 3) (Option 3) Attachment A11/05/19 73 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 19 3.4.4 Option 4: Steel Tied Arch Bridge A tied arch bridge that clear spans Stevens Creek Boulevard. Arches provide a classic look for the bridge (Figure 13 to Figure 15). Construction duration/impact ●Tied arches with hangers to support main deck elements can be fully pre-assembled and erected in one overnight operation. ●Pre-assembly will require 7-10 days of lane closures in Stevens Creek Blvd, leaving one lane open in each direction ●Foundation construction in each cul-de-sac will take 10-15 days ●Deck construction will require 20 days of light equipment access through the cul-de-sacs on each end of Carmen Road ●There will be 3 nights of individual lane closures on Stevens Creek Blvd for deck construction. during which one lane of traffic will be open in each direction Aesthetics ●Classic arches with some presence but an elegant shape provide an inherent support for the fence and screen Cost ●$1.6M - $1.95M in 2019 dollars (See Section 3.2 – Evaluation Criteria for details) Attachment A11/05/19 74 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 20 Figure 13. Rendering of a Steel Tied Arch Bridge over Stevens Creek Boulevard. Figure 14. Looking South on Carmen Road Figure 15. Looking North on Carmen Road (Option 4) (Option 4) (Option 4) Attachment A11/05/19 75 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 21 3.4.5 Option 5: Steel Inclined Arch Bridge Inclined arches configured to provide intermediate supports. Elegant arches with a lower profile above the bridge deck (Figure 16 to Figure 18). Construction duration/impact ●Inclined arches and elements of the deck will be assembled in-place ●In-place assembly will require 5-7-night closures. These will be complete closures of Stevens Creek Blvd ●Main foundation construction from Stevens Creek Blvd will require 10-14 days of lane closures per side; maintaining one traffic lane in each direction at all times ●Deck construction will require 20 days of light equipment access through the cul-de-sacs on each end of Carmen Road ●There will be 3 nights of individual lane closures on Stevens Creek Blvd for deck construction, during which one lane of traffic will be open in each direction Aesthetics ●Arched shape of principal bridge elements is aesthetically pleasing with a height above deck that is well proportioned for this type of structure. Inclined arches add a signature statement that also creates a more ‘open’ feel to the structure Cost ●$1.4M - $1.75M in 2019 dollars (See Section 3.2 – Evaluation Criteria for details) Attachment A11/05/19 76 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 22 Figure 16. Rendering of a Steel Inclined Arch Bridge over Stevens Creek Boulevard. Figure 17. Looking South on Carmen Road Figure 18. Looking North on Carmen Road (Option 5) (Option 5) (Option 5) Attachment A11/05/19 77 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 23 3.4.6 Option 6: Clear Span Girder Bridge Option 6 is a girder bridge with a clear span of 120 feet over Stevens Creek Boulevard. This type of bridge can be built using a conventional cast-in-place box girder, steel or pre-cast concrete girders with a cast-in-place deck. The required 17.5 ft clearance over Stevens Creek Boulevard combined with the maximum 5% slope on the bridge deck results in the bridge landing 2.2 ft above ground, which results in the following challenges: ●Maintenance vehicles would be unable to access the bridge ●Requires a ramp which is not feasible due to permanent interference with the cul-de-sac ●Since a ramp cannot be accommodated, the design is not compliant with the American Disability Act (ADA) This bridge type was removed from further consideration since it does not meet these three essential functional requirements 3.4.7 Summary of Bridge Options Table 2 provides a relative comparison of the bridge structure types by the key performance metrics. Table 2. Bridge structure types by performance metric. Bridge Type Constructability Construction duration/impact Aesthetics Cost 1.Steel Girder Feasible Low High 2.Steel Pratt Truss Feasible High Low 3.Steel Howe Truss Feasible High Low 4.Steel Tied Arch Feasible High Medium 5.Steel Inclined Arch Feasible High Medium 6.Clear Span Girder Unfeasible N/A N/A N/A 3.5 ROW Impacts and Acquisitions The proposed layout in red shows the alignment of the bridge if it were to be constructed along the extended centerline of Carmen Road. This alignment would result in property impacts to a portion of the parcel 10045 Carmen Road. To address this property impact, the Mott MacDonald team developed a skewed layout for the bridge as indicated by the orange alignment. This skewed alignment avoids the property impact to 10045 Carmen Road but creates a new impact to 10036 Carmen Road. Additionally, constructing the bridge along the skewed alignment would require the relocation of a PG&E utility pole and associated work. The graphic below illustrates the centerline and skewed alignment of the proposed bridge, nearby properties and existing utilities. $1.25 M - $1.5 M $1.5 M - $1.85 M $1.5 M - $1.85 M $1.6 M - $1.95 M $1.4 M - $1.75 M Attachment A11/05/19 78 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 24 If the proposed Carmen Road Bridge is constructed along the extended centerline (red alignment) of Carmen Road, the expected impacts to the right of way and utilities are: ●Encroachment to parcel 10045. ●Relocation of the San Jose water meter and mailboxes on Carmen Road north of Stevens Creek Boulevard. ●Relocation of a streetlight located on the Stevens Creek Boulevard. If the proposed Carmen Road Bridge project is constructed with skewed layout (orange alignment), the expected impacts to the right of way and utilities are: ●Encroachment to parcel 10036. ●Relocation of the PG&E utility pole with overhead wires, San Jose water meter, and mailboxes on Carmen Road north of Stevens Creek Boulevard. ●Relocation of a streetlight located on the Stevens Creek Boulevard. The impacts noted above are based on a proposed bridge width of 12 feet. Additionally, neither of the alignments will completely place the bridge deck within public right of way, as there would need to be aerial easement from Parcel 10045 regardless of alignment. However, the impacts to the neighboring properties and utilities can be minimized or avoided if the bridge width is reduced to 8 or 10 feet. Based upon the intended usage and location of the bridge, a width 10 or even 8 feet is feasible and would meet the intended goals of the project. Consequently, the City should seriously consider a bridge narrower than 12 feet at this location in order to reduce right-of-way and utility impacts. Impacts to the neighboring properties, utilities, and sight distance issues would be addressed in greater detail during the subsequent phases of the project. Photos of the existing utilities are provided below. Figure 19. Centerline and skewed alignment of the proposed bridge, nearby properties, and existing utilities. Attachment A11/05/19 79 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 25 Figure 20. Existing utility pole, overhead cables, trash bins and mailboxes on Carmen Road north of Stevens Creek Boulevard, existing street light on SCB and existing water meter on Carmen Road. Attachment A11/05/19 80 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 26 3.6 Safety Treatments for Pedestrians/Bicyclists Due to existing fencing and dense vegetation, corner sight visibility between bicycles and pedestrians exiting the bridge, and the adjacent private driveways may be limited. Measures that can be considered to improve the sight distance are: ●Installation of stop signs with appropriate pavement markings on both ends of the bridge. ●Installation of caution signs on the bridge and at the driveways to alert bridge and road users to share the road. ●Keeping the line of sight clear between bridge and driveways by trimming the vegetation. ●Installation of sight distance convex mirrors at the driveways. ●Installation of foldable lightweight bollards at the entrances of the bridge to reduce the speed of bicyclists and pedestrians. ●Installation of yellow truncated dome pads at the entrances of the bridge. Attachment A11/05/19 81 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 27 4 Public Outreach 4.1 Stakeholder Visioning The City hosted an online survey from November 26, 2018 to January 31, 2019 to gather initial thoughts from the community about this potential crossing. A total of 350 responses were received. The survey aimed to gain an understanding of the community’s needs, and vision for a potential crossing of Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive. A majority of respondents indicated they were supportive of crossing improvements at this location and that they would support a bridge connecting Carmen Road across Stevens Creek Boulevard. Refer to Appendix A for detailed survey questions and responses. Figure 21. Participants listen to the City of Cupertino's Transportation Manager, David Stillman, providing an overview of the project. 4.2 Public Meeting #1 The first public meeting for the project was held on January 24, 2019 at the Multipurpose Room, Monta Vista Recreation Center in the City of Cupertino to introduce members of the public to the project and the project team. The meeting was held in an open-house format where attendees were invited to arrive at any time during the event window (6:30 p.m. to 7:30 p.m.) and provide individual feedback on the project. Attachment A11/05/19 82 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 28 Twenty-eight (28) people signed into the event. The meeting included a sign-in table, a comments table, a table with the aerial maps for the project, and a board with the project timeline on display. City staff and the project consultant team were available at the various tables/displays to listen and answer any questions. Attendees were provided a comment form upon entering which they were asked to complete and return before leaving so that their comments could be recorded. Halfway through the meeting, Cupertino Transportation Manager David Stillman addressed the audience and provided a brief background of the project. Attendees asked to speak openly so that their comments and concerns could be heard by all that were present. The comments received from residents and members of the public during the open discussion are summarized below. Additionally, the completed comment forms received at the event are attached herein along with photos taken at the event. ●Would like a safer crosswalk to cross Stevens Creek ●Concerned about bike speeds ●Is a crossing under Stevens Creek possible? ●Usually cross Stevens Creek Boulevard on bike to school day only (Wednesday); if the bridge were built, they would use it more often and walk/bike to school every day. ●Concerned with the aesthetics of the bridge (feels the rendering is ugly) ●Concerned with allocation of resources/funds to the bridge ●Would like to help kids/elderly ●Supports a safer route for school children ●Concerned with the bike/ped accidents that have occurred in the neighborhood; would like studies done on those locations as well ●Feels that people want the bridge but will not use it ●Supports bridge as it will help traffic congestion, be healthier option to travel, avoid cars traveling 40+ mph, and it will be a good alternative from Foothill (loud due to trucks on road) ●Would like an elegant structure like the 280 bridge (Don Burnett Bicycle-Pedestrian Bridge, now called the Mary Avenue Bridge which is a cable-stayed bridge over Interstate 280) ●Hates rendering bridge image ●Will the City build a bridge at Foothill and other crossings for school children? ●Felt that the survey framed Carmen Rd as the only option. Would like to explore other alternative locations ●Feel that the bridge would cause congestion as people will drop off at the bridge ●Wants the City to make a good decision ●Finds Carmen Road very narrow, especially when there are cars parked on both sides of the street—causing neighbors to drive in the middle of the road ●Privacy concern—does not want people on bridge looking to resident backyard ●A bridge would enable and/or increase home break-ins in the neighborhood. With more foot traffic, resident feels more vulnerable. ●Feels a better option would be fixing the light/crosswalk at Phar Lap ●Feels that a bridge would be an eyesore and would invite graffiti; cleanliness and maintenance of the bridge stated as a concern ●South side of Carmen Road has a steep grade. Worried about backing up car and hitting a bicyclist or pedestrian due to limited visibility Attachment A11/05/19 83 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 29 ●Concerned about bridge cost ●Would it cost more to build a bridge or to fix grade and then do a ramp? ●Neighbor cannot turn left and finds it difficult to back up car from driveway ●The cul-de-sac on Carmen Road south of Stevens Creek Boulevard is crowded as three homes share a driveway—making it difficult to exit driveways. This is further compounded when there are cars constantly parked on trash/recycling day ●The bridge would create more crowding in the neighborhood. ●Stated an alternative to the bridge structure - providing a staircase for people to access Stevens Creek Boulevard from either side of Carmen Road and providing a traffic light for the crossing. ●Does not want to see more people walking/biking in the area. Will disturb the peace of the neighborhood. ●Building the bridge would help open the neighborhoods. Parents would have the option to walk instead of drive and won’t need to compete with commuters. In the morning SR 85 is very bad which is why commuters prefer Stevens Creek Boulevard. ●The bridge will help remove cars from the roads and reduce the need to drive in the morning. ●There was a lot of opposition in the initial stages of the project to the ped/bike bridge over Interstate 280. Would be good to investigate what kind of impact it had on the neighborhoods. ●Concern about graffiti and collection of debris on bridge over time. Figure 22. Participants at Public Meeting #2 fill out comment cards indicating their preferred bridge types and providing feedback on the project. Attachment A11/05/19 84 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 30 4.3 Public Meeting #2 The second public meeting for the project was held on May 29, 2019 at the Multipurpose Room, Monta Vista Recreation Center in the City of Cupertino to inform the community on the status of the feasibility study and to seek feedback on the possible structure alternatives currently under consideration. The meeting was held in an open-house format where attendees were invited to arrive at any time during the event window (6:30 p.m. to 8:30 p.m.) and included a brief presentation along with display boards followed by an opportunity for the attendees to provide individual feedback on the alternatives. At the meeting, attendees were provided with a comment card, which listed the bridge structure options and with which they were asked to rank the options according to their preference. They were also provided a brochure with details about the bridge options, including cost, aesthetics, and construction impacts to assist with the ranking process. Also, the staff offered additional comment cards to the attendees in order to distribute to their neighbors who could not attend the meeting. Overall City staff received comments from 47 residents: ●25 during the public meeting # 2, ●17 from the Sunny View Bay Area Retirement Community after the public meeting # 2 ●Five comments through email before and after the public meeting # 2. Out of 47 comment cards received, only 43 residents ranked the alternatives with the following results: 1.Option #1 – 33 percent responded as their first choice. 2.Option #2 – 2 percent responded as their first choice. 3.Option #3 – 2 percent responded as their first choice. 4.Option #4 – 33 percent responded as their first choice. 5.Option #5 – 29 percent responded as their first choice. Figure 23. Option 1 – 33 Percent responded as their first choice Attachment A11/05/19 85 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 31 Figure 24. Option 2 – 2 Percent responded as their first choice Figure 27. Option 5 – 29 Percent responded as their first choice Figure 26. Option 4 – 33 Percent responded as their first choice Figure 25. Option 3 – 2 Percent responded as their first choice Attachment A11/05/19 86 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 32 Table 3. Detailed breakdown of resident's ranking. # Rank 1 Rank 2 Rank 3 Rank 4 Rank 5 Option 1 14 11 7 3 5 Option 2 1 0 8 10 18 Option 3 1 3 9 17 8 Option 4 14 10 9 2 3 Option 5 12 13 2 1 9 Figure 28. Resident’s first choice for the five bridge options. Option 1, 33% Option 2, 2% Option 3, 2% Option 4, 33% Option 5, 29% Carmen Road Pedestrian/Bicycle Bridge Survey - First Choice Attachment A11/05/19 87 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 33 Figure 29. Detailed breakdown of resident's ranking. Attachment A11/05/19 88 of 347 Mott MacDonald | j dSD August 15, 2019 3 Appendices Attachment A11/05/19 89 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 27 A. Public Engagement Appendix A Contents: A.1 Stakeholder Visioning Survey Summary and Results A.2 Public Meeting #1 Meeting Minutes & Materials A.3 Public Meeting #2 Meeting Minutes & Materials Attachment A11/05/19 90 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 28 A.1 Stakeholder Visioning Survey Summary and Results Attachment A11/05/19 91 of 347 1 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey February 4, 2019, 8:40 AM Contents i. Summary of responses 2 ii. Survey questions 6 iii. Individual responses 7 Attachment A11/05/19 92 of 347 Summary Of Responses As of February 4, 2019, 8:40 AM, this forum had: Topic Start Attendees:691 November 26, 2018, 4:52 PM Responses:350 Hours of Public Comment:17.5 QUESTION 1 1. Do you currently have the need to cross Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? % Count Yes 54.3% 189 No 45.7% 159 QUESTION 2 2. If yes, what is your typical primary mode for crossing Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? Choose one. % Count Drive 29.5% 69 Bike/Walk from Foothill Boulevard 24.4% 57 Bike/Walk from Phar Lap Drive 19.7% 46 Jaywalk across Stevens Creek Boulevard 26.5% 62 QUESTION 3 3. Do you feel the need for an additional pedestrian/bicycle crossing of Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? 2 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey Carmen Road Bridge Survey Attachment A11/05/19 93 of 347 % Count Yes 62.4% 216 No 30.3% 105 No Opinion 7.2% 25 QUESTION 4 4. If you could design your ideal alternative to cross Stevens Creek Boulevard, what would it look like and what would it feature? Enter your answer in the text box below. Feel free to include examples of similar infrastructure you have seen or heard of. Answered 167 Skipped 183 QUESTION 5 5. Would you support a pedestrian/bicycle bridge connecting Carmen Road across Stevens Creek Boulevard? % Count Yes 65.4% 225 No 29.9% 103 No Opinion 4.7% 16 QUESTION 6 6. If yes, how often would you use it? % Count Several times a week. I would bike/walk to and from schools, parks, rec centers, and more. 35.7% 105 Occasionally, if I have time to bike/walk nearby.30.6% 90 3 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey Carmen Road Bridge Survey Attachment A11/05/19 94 of 347 % Count Rarely. For the most part, I would continue to bike/walk my current path. 15.6% 46 Rarely. For the most part, I would continue to drive.18.0% 53 QUESTION 7 7. How far do you live from Carmen Road at Stevens Creek Boulevard? % Count I live on Carmen Road 8.2% 28 I live within a ¼ mile radius from Carmen Road 21.3% 73 I live within a ½ mile radius from Carmen Road 26.3% 90 I live more than a ½ mile radius from Carmen Road 44.2% 151 QUESTION 8 8. If the feasibility study concluded that a pedestrian/bicycle bridge connecting Carmen Road is possible to implement, how would that impact you? We welcome your comments. If you have questions or comments about the Carmen Road Pedestrian/Bicycle Bridge Feasibility Study, please enter them below. Answered 203 Skipped 147 QUESTION 9 Name (optional) Answered 112 Skipped 238 4 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey Carmen Road Bridge Survey Attachment A11/05/19 95 of 347 QUESTION 10 Please provide your email address if you would like to be added to our stakeholder list (for future outreach activities and updates). Answered 120 Skipped 230 QUESTION 11 Please provide us with the nearest cross streets of your home address. Answered 199 Skipped 151 5 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey Carmen Road Bridge Survey Attachment A11/05/19 96 of 347 Survey Questions QUESTION 1 1. Do you currently have the need to cross Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? • Yes • No QUESTION 2 2. If yes, what is your typical primary mode for crossing Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? Choose one. • Drive • Bike/Walk from Foothill Boulevard • Bike/Walk from Phar Lap Drive • Jaywalk across Stevens Creek Boulevard QUESTION 3 3. Do you feel the need for an additional pedestrian/bicycle crossing of Stevens Creek Boulevard between Foothill Boulevard and Phar Lap Drive? • Yes • No • No Opinion QUESTION 4 4. If you could design your ideal alternative to cross Stevens Creek Boulevard, what would it look like and what would it feature? Enter your answer in the text box below. Feel free to include examples of similar infrastructure you have seen or heard of. QUESTION 5 5. Would you support a pedestrian/bicycle bridge connecting Carmen Road across Stevens Creek Boulevard? • Yes • No • No Opinion QUESTION 6 6. If yes, how often would you use it? • Several times a week. I would bike/walk to and from schools, parks, rec centers, and more. • Occasionally, if I have time to bike/walk nearby. • Rarely. For the most part, I would continue to bike/walk my current path. • Rarely. For the most part, I would continue to drive. QUESTION 7 7. How far do you live from Carmen Road at Stevens Creek Boulevard? • I live on Carmen Road • I live within a ¼ mile radius from Carmen Road • I live within a ½ mile radius from Carmen Road • I live more than a ½ mile radius from Carmen Road QUESTION 8 8. If the feasibility study concluded that a pedestrian/bicycle bridge connecting Carmen Road is possible to implement, how would that impact you? We welcome your comments. If you have questions or comments about the Carmen Road Pedestrian/Bicycle Bridge Feasibility Study, please enter them below. QUESTION 9 Name (optional) QUESTION 10 Please provide your email address if you would like to be added to our stakeholder list (for future outreach activities and updates). QUESTION 11 Please provide us with the nearest cross streets of your home address. 6 | www.opentownhall.com/6958 Created with OpenGov | February 4, 2019, 8:40 AM Carmen Road Bridge Survey Carmen Road Bridge Survey Attachment A11/05/19 97 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 29 A.2 Public Meeting #1 Meeting Minutes & Materials Attachment A11/05/19 98 of 347 Public Meeting #1 January 24, 2019 1 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Public Meeting #1 The first public meeting for the project was held on January 24, 2019 at the Multipurpose Room, Monta Vista Recreation Center in the City of Cupertino to introduce members of the public to the project and the project team. The meeting format was held in an open-house format where attendees were invited to arrive at any time during the event window (6:30 p.m. to 7:30 p.m.) and provide individual feedback on the project. Twenty-eight (28) people signed into the event. The meeting included a sign-in table, a comments table, a table with the aerial maps for the project, and a board with the project timeline on display. City staff and the project consultant team were available at the various tables/displays to listen and answer any questions. Attendees were provided a comment form upon entering and were asked to complete and return before leaving so that their comments could be recorded. Halfway through the meeting, Cupertino Transportation Manager David Stillman addressed the audience and provided a brief background of the project. Attendees asked to speak openly so that their comments and concerns could be heard by all that were present. The comments received from residents and members of the public during the open discussion are summarized below. Additionally, the completed comment forms received at the event are attached herein along with photos taken at the event.  Would like a safer crosswalk to cross Stevens Creek  Concerned about bike speeds  Is a crossing under Stevens Creek possible?  Usually cross Stevens Creek Boulevard on bike to school day only (Wednesday); if the bridge were built, they would use it more often and walk/bike to school every day.  Concerned with the aesthetics of the bridge (feels the rendering is ugly)  Concerned with allocation of resources/funds to the bridge  Would like to help kids/elderly  Supports a safer route for school children  Concerned with the bike/ped accidents that have occurred in the neighborhood; would like studies done on those locations as well  Feels that people want the bridge but will not use it Attachment A11/05/19 99 of 347 Public Meeting #1 January 24, 2019 2 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com  Supports bridge as it will help traffic congestion, be healthier option to travel, avoid cars traveling 40+ mph, and it will be a good alternative from Foothill (loud due to trucks on road)  Would like an elegant structure like the 280 bridge (Don Burnett Bicycle-Pedestrian Bridge, now called the Mary Avenue Bridge which is a cable-stayed bridge over Interstate 280)  Hates rendering bridge image  Will the City build a bridge at Foothill and other crossings for school children?  Felt that the survey framed Carmen Rd as the only option. Would like to explore other alternative locations  Feel that the bridge would cause congestion as people will drop off at the bridge  Wants the City to make a good decision  Finds Carmen Road very narrow, especially when there are cars parked on both sides of the street—causing neighbors to drive in the middle of the road  Privacy concern—does not want people on bridge looking to resident backyard  A bridge would enable and/or increase home break-ins in the neighborhood. With more foot traffic, resident feels more vulnerable.  Feels a better option would be fixing the light/crosswalk at Phar Lap  Feels that a bridge would be an eyesore and would invite graffiti; cleanliness and maintenance of the bridge stated as a concern  South side of Carmen Road has a steep grade. Worried about backing up car and hitting a bicyclist or pedestrian due to limited visibility  Concerned about bridge cost  Would it cost more to build a bridge or to fix grade and then do a ramp?  Neighbor cannot turn left and finds it difficult to back up car from driveway  The cul-de-sac on Carmen Road south of Stevens Creek Boulevard is crowded as three homes share a driveway—making it difficult to exit driveways. This is further compounded when there are cars constantly parked on trash/recycling day  The bridge would create more crowding in the neighborhood.  Stated an alternative to the bridge structure - providing a staircase for people to access Stevens Creek Boulevard from either side of Carmen Road and providing a traffic light for the crossing.  Does not want to see more people walking/biking in the area. Will disturb the peace of the neighborhood.  Building the bridge would help open the neighborhoods. Parents would have the option to walk instead of drive and won’t need to compete with commuters. In the morning SR 85 is very bad which is why commuters prefer Stevens Creek Boulevard. Attachment A11/05/19 100 of 347 Public Meeting #1 January 24, 2019 3 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com The bridge will help remove cars from the roads and reduce the need to drive in the morning.  There was a lot of opposition in the initial stages of the project to the ped/bike bridge over Interstate 280. Would be good to investigate what kind of impact it had on the neighborhoods.  Concern about graffiti and collection of debris on bridge over time. Attachment A11/05/19 101 of 347 Public Meeting #1 January 24, 2019 4 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 102 of 347 Public Meeting #1 January 24, 2019 5 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 103 of 347 Public Meeting #1 January 24, 2019 6 of 6 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 104 of 347 Attachment A11/05/19 105 of 347 Attachment A11/05/19 106 of 347 Attachment A11/05/19 107 of 347 Attachment A11/05/19 108 of 347 Attachment A11/05/19 109 of 347 Attachment A11/05/19 110 of 347 Attachment A11/05/19 111 of 347 Attachment A11/05/19 112 of 347 Attachment A11/05/19 113 of 347 Attachment A11/05/19 114 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 30 A.3 Public Meeting #2 Meeting Minutes & Materials Attachment A11/05/19 115 of 347 Public Meeting #2 May 29, 2019 1 of 5 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Public Meeting #2 The second public meeting for the project was held on May 29, 2019 at the Multipurpose Room, Monta Vista Recreation Center in the City of Cupertino to inform the community on the status of the feasibility study and to seek feedback on the possible structure alternatives currently under consideration. The meeting was held in an open-house format where attendees were invited to arrive at any time during the event window (6:30 p.m. to 8:30 p.m.) and included a brief presentation along with display boards followed by an opportunity for the attendees to provide individual feedback on the alternatives. Thirty-seven (37) people signed into the event. The meeting included a sign-in table, a comments table, a table with the aerial maps for the project, and four boards with the possible bridge structure concepts on display. City staff and the project consultant team were available at the various tables/displays to listen and answer any questions. Attendees were provided a comment form upon entering which listed the bridge structure options and were asked to rank these alternatives and return the comment cards before leaving so that their comments could be recorded. They were also provided a brochure with details about the alternatives including cost, aesthetics, and construction impacts to assist with the ranking process. To initiate the discussion, the City of Cupertino’s Transportation Manager David Stillman addressed the audience and provided a brief background of the project and walked the attendees through the five bridge structure options. A brief Question/Answer session followed where attendees voiced their comments and concerns and received a response from David. Comments received from residents and members of the public during the open discussion are summarized below. Additionally, the completed comment forms received at the event are attached herein along with photos taken at the event.  There were many supporters of a bridge at Carmen Rd, but also a handful who were against or on the fence  Discussions around upgrading/changing the crosswalk at Foothill  Questions about why this location (at Carmen), and why a bridge  Concerns about the impacts to the community v. impacts to those in neighborhood  Would like the City to consider a bridge or improved crossing that would provide improved access to Blackberry Farms  Was a below grade bridge considered?  Feels that Stevens Creek is dangerous (ex: speeding vehicles, blind spots due to sun)  Resident is unable to get out of his driveway during school hours twice a day  Resident off of Crescent Road is unable to get out of driveway during school hours  Desire to get cars off the road Attachment A11/05/19 116 of 347 Public Meeting #2 May 29, 2019 2 of 5 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com  Questions and discussions about school enrollment rates (and how this would affect use of bridge by school aged children/families)  Why do pavement light crosswalks fail and not get maintained?  Would like to see increased sheriff/police enforcement in the neighborhood  Concerns about increase in foot traffic/strangers in the neighborhood  Will cameras be proposed?  Would like to connect neighborhoods  Would like to prioritize a safe route to school over a path to Blackberry Farm  Question about the number of accidents in the past 20 years at this location  Why can’t we build a bridge at Phar Lap? It makes more sense to build a bridge there  Concerns about how many people would actually use a bridge at this location  Would like to see stop signs/crossing guards to cross Stevens Creek Boulevard  What color will the bridge be? A resident wants it to blend in  What is the traffic volume on Stevens Creek?  Would like a safer route for those at Sunny View Bay Area Retirement Community  Would like to see school district boundaries on map  Supports the bridge and use of Carmen Road (with gate; downhill access that meets Stevens Creek Boulevard) to be a safe route to Blackberry Farm  Question about how many students currently use this location for crossing  Safety concerns for bicyclists speeding downhill at Scenic Circle/Scenic Boulevard  Will safety features be added to the bridge to avoid vandalism and prevent people from climbing over the fence?  Potential bridge option provides a safe path to school  One of the residents acknowledged jaywalking at this location to go to school  During the morning commute, cars are at a standstill due to heavy traffic on Stevens Creek Boulevard. However, the afternoon/3:00 PM departure from school presents a more dangerous scenario since vehicles are speeding along Stevens Creek Boulevard while students are trying to cross as they head back home.  Would bicycle and pedestrian traffic be separated on the bridge to ensure safety for pedestrians?  Will there be any improvements to Cupertino Road and Carmen Road, as a part of bridge project?  Is lighting provided on the bridge?  For Option 1 bridge alternative, can we improve the aesthetics to make it visually more appealing? Attachment A11/05/19 117 of 347 Public Meeting #2 May 29, 2019 3 of 5 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 118 of 347 Public Meeting #2 May 29, 2019 4 of 5 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 119 of 347 Public Meeting #2 May 29, 2019 5 of 5 Mott MacDonald 2077 Gateway Place, #550, San Jose, CA 95110, T •925-469-8010 • F 925-469-8040 www.mottmac.com Attachment A11/05/19 120 of 347 Attachment A11/05/19 121 of 347 Attachment A11/05/19 122 of 347 Attachment A11/05/19 123 of 347 Attachment A11/05/19 124 of 347 Attachment A11/05/19 125 of 347 Attachment A11/05/19 126 of 347 Attachment A11/05/19 127 of 347 Attachment A11/05/19 128 of 347 Attachment A11/05/19 129 of 347 Attachment A11/05/19 130 of 347 Attachment A11/05/19 131 of 347 Attachment A11/05/19 132 of 347 Attachment A11/05/19 133 of 347 Attachment A11/05/19 134 of 347 Attachment A11/05/19 135 of 347 Attachment A11/05/19 136 of 347 Attachment A11/05/19 137 of 347 Attachment A11/05/19 138 of 347 Attachment A11/05/19 139 of 347 Attachment A11/05/19 140 of 347 Attachment A11/05/19 141 of 347 Attachment A11/05/19 142 of 347 Attachment A11/05/19 143 of 347 Attachment A11/05/19 144 of 347 Attachment A11/05/19 145 of 347 Attachment A11/05/19 146 of 347 Attachment A11/05/19 147 of 347 Attachment A11/05/19 148 of 347 Attachment A11/05/19 149 of 347 Attachment A11/05/19 150 of 347 Attachment A11/05/19 151 of 347 Attachment A11/05/19 152 of 347 Attachment A11/05/19 153 of 347 Attachment A11/05/19 154 of 347 Attachment A11/05/19 155 of 347 Attachment A11/05/19 156 of 347 Attachment A11/05/19 157 of 347 Attachment A11/05/19 158 of 347 Attachment A11/05/19 159 of 347 Attachment A11/05/19 160 of 347 Attachment A11/05/19 161 of 347 Attachment A11/05/19 162 of 347 Attachment A11/05/19 163 of 347 Attachment A11/05/19 164 of 347 Attachment A11/05/19 165 of 347 Attachment A11/05/19 166 of 347 Attachment A11/05/19 167 of 347 Attachment A11/05/19 168 of 347 Attachment A11/05/19 169 of 347 Attachment A11/05/19 170 of 347 OPTION 4 STEEL TIED ARCH BRIDGE OPTION 5 STEEL INCLINED ARCH BRIDGE For additional information, please visit www.cupertino.org/carmenbridge. Questions or comments can also be directed to Prashanth Dullu, Assistant Civil Engineer at (408)-777-3190 or PrashanthD@cupertino.org The City of Cupertino is undertaking a feasibility study for a Carmen Road Pedestrian/Bicycle Bridge to improve safety for pedestrians and cyclists crossing Stevens Creek Boulevard. Using input gathered at Public Meeting #1 in January 2019, concepts for six potential design options were developed. Option 6 was found infeasible (not compliant with ADA or maintenance vehicle access requirements), and therefore the design is not being progressed. �� and provide residents an opportunity to vote for their preferred option. Please review key information on each of the 5 options under consideration to aid you in casting your vote. The input gathered at this meeting will help inform the selection of a preferred option. The options include: • Option 1 – Steel Girder Bridge • Option 2 – Steel Pratt Truss Bridge • Option 3 – Steel Howe Truss Bridge • Option 4 – Steel Tied Arch Bridge • Option 5 – Steel Inclined Arch Bridge * Estimated costs are shown in 2019 dollars and exclude right-of-way acquisition, utility relocations and other improvements which are expected to be similar for all options. CARMEN ROAD PEDESTRIAN BRIDGE PUBLIC MEETING #2 May 29th, 2019 About this design Construction duration/impact • Tied arches with hangers to support main deck elements can be fully pre-assembled and erected in one overnight operation. • Pre-assembly will require 7-10 days of lane closures in Stevens Creek Blvd, leaving one lane open in each direction • Foundation construction in each cul-de-sac will take 10-15 days • Deck construction will require 20 days of light equipment access through the cul-de-sacs on each end of Carmen Road • There will be 3 nights of individual lane closures in Stevens Creek Blvd for deck construction Aesthetics • Classic arches with some presence but an elegant shape provide an inherent support for the fence and screen Cost • $1.6M - $1.95M* About this design Construction duration/impact • Inclined arches and elements of the deck will be assembled in-place • In-place assembly will require 5-7 night closures • Main foundation construction from Stevens Creek Blvd will require �� each direction at all times • Deck construction will require 20 days of light equipment access through the cul-de-sacs on each end of Carmen Road • There will be 3 nights of individual lane closures in Stevens Creek Blvd for deck construction Aesthetics • Inclined arch shape is aesthetically pleasing, adding a signature statement that also creates a more ‘open’ feel to the structure Cost • $1.4M - $1.75M* A tied arch bridge that clear spans Stevens Creek Boulevard. Arches provide a classic look for the bridge. �� Attachment A11/05/19 171 of 347 About this design OPTION 1 STEEL GIRDER BRIDGE OPTION 2 STEEL PRATT TRUSS BRIDGE OPTION 3 STEEL HOWE TRUSS BRIDGE Construction duration/impact • Bridge structure is made of three steel girders that can be delivered and erected individually without the need for falsework in Stevens Creek Blvd • Main foundation construction from Stevens Creek Blvd over 7-10 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 1 B.Profile Plans and Drawings Attachment A11/05/19 173 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 2 Attachment A11/05/19 174 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 3 Attachment A11/05/19 175 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 4 Attachment A11/05/19 176 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Alternatives Analysis Report 507401684 | 01 | A | July 31, 2019 5 Attachment A11/05/19 177 of 347 Mott MacDonald | Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report 34 mottmac.com Attachment A11/05/19 178 of 347 Civil Engineers Qualifications received October 4, 2017 List valid until October 2019 Firm Address Phone Contact 1 ActiveWayz Engineering 7901 Oakport Street, Suite 4225 408-219-5678 Admas Zewdie Oakland, CA 64621 admas@activewayz.engineering 2 Bellecci & Associates 2290 Diamond Blvd., Ste 100 925-685-4569 Frank Bellecci Concord, CA 94520 frank@bellecci.com 3 BKF 1730 N. First Street, Suite 600 408-467-9100 Davis Richwood San Jose, CA 95112 drichwood@bkf.com 4 CSG Consultants 3150 Almaden Expressway, #255 408-618-8300 Hatem Ahmed San Jose, CA 95118 hatem@csgengr.com 5 HMH Engineers 1570 Oakland Rd.408-487-2200 Jon Cacciotti San Jose, CA 95131 jcacciotti@hmhca.com 6 Kimley Horn 100 West San Fernando Street, Suite 510-350-0215 Elbert Chang San Jose, CA 95113 Elbert.chang@kimley-horn.com 7 Mott MacDonald 181 Metro Drive, Suite 510 408-572-8791 Glenn Ritter San Jose, CA 95110 Glenn.ritter@mottmac.com 8 Pakpour Consulting Group, Inc 5776 Stoneridge Mall Rd., Suite 320 925-224-7717 Joubin Pakpour Pleasanton, CA 94588 jpakpour@pcgengr.com 9 Pavement Engineering Inc.3485 Sacramento Drive, Suite A 805-781-2265 Joseph Ririe San Luis Obispo, CA 93401 joer@pavementengineering.com 10 RJA 8055 Camino Arroyo 408-848-0300 James Schul Ruggeri-Jensen-Azar Gilroy, CA 95020 jschul@rja-gps.com 11 Sandis 1700 S. Winchester Blvd., Suite 200 408-636-0900 Chad Browning Campbell, CA 95008 cbrowning@sandis.net 12 U&R 1630 Oakland Road, Suite A114 408-453-1222 Frank Rosenblum Underwood & Rosenblum, Inc.San Jose, CA 95131 frank@uandr.com 11/05/19 179 of 347 CITY OF CUPERTINO Legislation Text Subject: An Ordinance amending Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the 2019 California Building Standards Code as mandated by the State of California with certain exceptions, deletions, modifications, additions, and amendments. Staff recommends that the City Council conduct the second reading to enact Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments,” (the “Ordinance”), attached as Attachment A. File #:19-5633,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 180 of 347 Council Agenda: November 5, 2019 Page: 1 Revision Date: -- ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTERS 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, AND 16.58 AND ADDING CHAPTERS 16.62, 16.64, and 16.68 OF TITLE 16 OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE 2019 CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, FIRE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, REFERENCED STANDARDS CODE, AND GREEN BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS. The City Council of the City of Cupertino finds that: 1. Pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of the California Health and Safety Code, the City of Cupertino may adopt the provisions of the 2019 California Building Code (Part 2 of Title 24, based on the 2018 International Building Code), the 2019 California Residential Code (Part 2.5 of Title 24 based on the 2018 International Residential Code), the 2019 California Electrical Code (Part 3 of Title 24 based on the 2017 National Electrical Code), The 2019 California Mechanical Code (Part 4 of Title 24 based on the 2018 Uniform Mechanical Code), the 2019 California Plumbing Code (Part 5 of Title 24 based on the 2018 Uniform Plumbing Code), the 2019 California Energy Code (Part 6 of Title 24), the 2019 California Historical Building Code (Part 8 of Title 24), the 2019 California Fire Code (Part 9 of Title 24), the 2019 California Existing Building Code (Part 10 of Title 24 based on the 2018 International Existing Building Code), the 2019 California Green Building Standards Code (Part 11 of Title 24), the 2019 California Referenced Standards Code (Part 12 of Title 24) with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of Cupertino because of the local climatic, geological, and topographical conditions. 2. The City Council of the City of Cupertino held a duly noticed public hearing on October 15, 2019, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is hereby amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: California Environmental Quality Act. This Ordinance is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQ A exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937 and will apply to plans submitted after January 1, 2020. SECTION 5: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing t he names of the City Council members voting for and against the ordinance. 11/05/19 181 of 347 Council Agenda: November 5, 2019 Page: 2 Revision Date: -- INTRODUCED at a regular meeting of the Cupertino City Council on October 15, 2019, and ENACTED at a regular meeting of the Cupertino City Council on November 5, 2019, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: __________________ Steven Scharf, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Grace Schmidt, City Clerk ________________________ Date APPROVED AS TO FORM: __________________________ Heather Minner, City Attorney ________________________ Date 11/05/19 182 of 347 Council Agenda: November 5, 2019 Page: 3 Revision Date: -- ATTACHEMENT A Chapter 16.02 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.02 to be entitled, numbered, and to read as follows: CHAPTER 16.02: ADMINISTRATIVE CODE Section 16.02.010 Adoption of the 2019 California Building Code, Volume 1, based on the 2018 International Building code, Volume 1. 16.02.010 Purpose. 16.02.020 Definitions. 16.02.030 Scope. 16.02.040 Duties and Powers of Building Official. 16.02.050 Permits. 16.02.060 Submittal Documents. 16.02.070 Responsibility of permittee. 16.02.080 Fees. 16.02.090 Inspections. 16.02.100 Certificate of occupancy. 16.02.110 Board of Appeals. 16.02.120 Violations. 16.02.130 Stop work order. 16.02.010 Adoption of the 2019 California Building Code, Volume 1, based on the 2018 International Building code, Volume 1. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Building Code, Volume 1 inclusive, and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code are referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by th is ordinance, and are by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.02.015 Purpose. A. The purpose of this title is to establish the minimum requirements to safeguard to public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energ y conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. B. This title provides for the administration and enforcement of the building, residential, plumbin g, 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 plural number include 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 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 City of Cupertino or authorized 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, repla cement, repair, use and occupancy and demolition of every building, structure and building services equipment of every building or structure within the city. 11/05/19 183 of 347 Council Agenda: November 5, 2019 Page: 4 Revision Date: -- Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 16.02.040 Duties and Powers of Building Official. Adopt Section [A] 104.1 of the 2019 California Building Code as follows: [A] 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this title. The Building Official shall have the authority to render interpretations of the codes identified in this title and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and 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 specifically provided for in the code. Adopt Section [A] 104.2 of the 2019 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 alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. [A] 104.2.1 Determination of substantially improved or substantially damaged existing building and structures in flood hazard areas. For application for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine the proposed work constitutes substantial improv ement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to m eet the requirements of Section 1612. Adopt Section [A] 104.3 of the 2019 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. Adopt Section [A] 104.4 of the 2019 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 writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed nece ssary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. Adopt Section [A] 104.5 of the 2019 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 under this code. Adopt Section [A] 104.6 of the 2019 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 is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that cred entials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Adopt Section [A] 104.7 of the 2019 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, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 11/05/19 184 of 347 Council Agenda: November 5, 2019 Page: 5 Revision Date: -- Amend Section [A] 104.8 of the 2019 California Building Code as follows: [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 jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. [A] 104.8.1 Legal defense. Any suit or criminal complaint instituted 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 code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. Adopt Section [A] 104.9 of the 2019 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. [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 and devices shall not be reused unless approved by the Building Official. Adopt Section [A] 104.10 of the 2019 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 indivi dual cases, upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and p urpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details o f action granting modifications shall be recorded and entered in the files of the department of building sa fety. Amend Section [A] 104.11 of the 2019 California Building Code as follows: [A] 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approve d. [A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. [A] 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made without expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for at least the period required for retention of public records. 16.02.050 Permits. Adopt Section [A] 105.1 of the 2019 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 or st ructure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make applicat ion to the Building Official and obtain the required permit. Adopt Section [A] 105.2 of the 2019 California Building Code as follows: 11/05/19 185 of 347 Council Agenda: November 5, 2019 Page: 6 Revision Date: -- [A] 105.2 Work exempt from permit. Exemptions from permit requirement of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2). 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bo ttom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely about ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swing and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. Temporary testing systems: A permit shall not be required for the installations of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. [A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitt ed within the next working business day to the building official. Adopt Section [A] 105.3 of the 2019 California Building Code as follows: [A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the City for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 11/05/19 186 of 347 Council Agenda: November 5, 2019 Page: 7 Revision Date: -- 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. Adopt Section [A] 105.3.1 of the 2019 California Building Code as follows: [A] 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within 180 days after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. Adopt Section [A] 105.3.2 of the 2019 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 permit has 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 shall be requested in writing and justifiable cause demonstrated. Adopt Section [A] 105.4 of the2019 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 the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or 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 other data shall not prevent the Building Official from requiring the correction of errors in the construction documents 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. Amend and Adopt Section [A] 105.5 of the 2019 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 12 months after its issuance, or if the work authorized o n the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Adopt Section [A] 105.6 of the 2019 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 information, or in violation of any ordinance or regulation or any of the provisions of this code. Amend and Adopt Section [A] 105.7 of the 2019 California Building Code as follows: [A] 105.7 Placement of permit. The Job Card or copy shall be posted at a location visible from the street frontage on site of the building or structure being permitted and is not to be removed until building final. 16.02.060 Submittal Documents. Amend and Adopt Section [A] 107.1 of the 2019 California Building Code as follows: [A] 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted electronically with each permit application. The construction document shall be prepared by a registered design professional where required by the building official. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 11/05/19 187 of 347 Council Agenda: November 5, 2019 Page: 8 Revision Date: -- Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that the review of construction documents is not necessary to obtain compliance with this code. Adopt Section [A] 107.2 of the 2019 California Building Code as follows: [A] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.8. Adopt Section [A] 107.3, [A] 107.3.1, [A] 107.3.2, [A] 107.3.3, [A] 107.3.4, [A] 107.3.4.1, [A] 107.4, [A] 107.5 of the 2019 California Building Code as follows: [A] 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. [A] 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance". It shall be the responsibility of the owner or owner's representative to obtain a hard-copy of the approved plans and documents which shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. [A] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effect ive date of this code and has not been abandoned. [A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or st ructure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. [A] 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. [A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal document have been approved by the building official. [A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction shall be submitted for approval as an amended set of construction documents. [A] 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than required by the approved City's document retention plan. 16.02.070 Responsibility of permittee. Responsibility of permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicant’s agent, employees or 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 regulations applicable thereto, whether specified or not. No 11/05/19 188 of 347 Council Agenda: November 5, 2019 Page: 9 Revision Date: -- approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code. 16.02.080 Fees. Fees shall be paid to the city as set forth in the latest resolution adopted by the city. 16.02.090 Inspections. Adopt Section [A] 110.1 of the 2019 California Building Code as follows: [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 work shall remain accessible 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 provisions of any of the codes or amendments specified in this title. It shall be the duty of the permit applicant to cause the work to remain access ible and exposed for inspection purposes. Neither the Building 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 2019 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, structures and sites for which an application has been filed. Amend Section [A] 110.3 of the 2019 California Building Code as follows: [A] 110.3 Required inspections. The Building Official, upon notification, shall make the inspections set forth in Section 110.3.1 through 110.3.11. Adopt Section [A] 110.3.7 of the 2019 California Building Code as follows: [A] 110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. Adopt Section [A] 110.3.8 of the 2019 California Building Code as follows: [A] 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspection for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency. Adopt Section [A] 110.4 of the 2019 California Building Code as follows: [A] 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. Adopt Section [A] 110.5 of the 2019 California Building Code as follows: [A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for insp ection. It shall be the duty of the permit holder to provide access to and means for inspection of such work that are required by this code. Adopt Section [A] 110.6 of the 2019 California Building Code as follows: [A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official 16.02.100 Certificate of Occupancy. Adopt Section [A] 111.1 of the 2019 California Building Code as follows: 11/05/19 189 of 347 Council Agenda: November 5, 2019 Page: 10 Revision Date: -- [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 or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy 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 code or any ordinance of the City of Cupertino. Adopt Section [A] 111.2 of the 2019 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 or other laws that are enforced by the Build ing Department, the Building Official may issue a certificate of 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 been inspected for compliance with the requirements of this code for the occupancy and division of 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 Chapter 3 of the California Building Code. 9. The type of construction as defined in Chapter 6 of the California Building Code. 10. The design occupant load. 11. If the automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. Adopt Section [A] 111.3 of the 2019 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 entire work covered by the permit, provided that such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. Adopt Section [A] 111.4 of the 2019 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 provisions of the California Building Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the Calif ornia Building Code. 16.02.110 Board of Appeals. Amend and Adopt Section [A] 113.1 of the 2019 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 application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction installations and materials. The board of appeals shall be appointed by the city manager, and the appointed members of the board of appeals shall not be employees of the City. 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 a duplicate copy to the appellant. In the event where no such board o f appeals has been established, the City Council shall serve as said appeals board. Amend and Adopt Section [A] 113.1.1 of the 2019 California Building Code 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 member. The accessibility board of appeals shall be appointed by the city manager, and the appointed members of the board of appeals shall not be employees of the City . The accessibility board of appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official, with a duplicate copy to the appellant. In the event where no such board of appeals has been established, the City Council shall serve as said appeals board. Adopt Section [A] 113.2 of the 2019 California Building Code to read as follows: [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully 11/05/19 190 of 347 Council Agenda: November 5, 2019 Page: 11 Revision Date: -- apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. 16.02.120 Violations. Adopt Section [A] 114.1 of the 2019 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 or occupancy any building, structure or equipment regulated by the codes identified in this title, or cause same to be 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 2019 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 code identified in this title, or in vi olation of a permit or certificate issued under the provisions of any code identified in this title. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 16.02.130 Stop Work Order. Adopt Section [A] 115.1 of the 2019 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 provisions of any code identified in this title or dangerous or unsafe, the Building Official is authorized to issue a stop work order. Adopt Section [A] 115.2 of the 2019 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 owner’s agent, or to the person doing the work. 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 conditions under whic h the cited work will be permitted to resume. Adopt Section [A] 115.3 of the 2019 California Building Code as follows: [A] 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform by the building offic ial to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. Chapter 16.04 of Title 16 of the Cupertino Municipal is hereby repealed in its entirety and replaced with the following Chapter 16.04 to be entitled, numbered, and to read as follows: CHAPTER 16.04: BUILDING CODE Section 16.04.010 Adoption of the 2019 California Building Code, Volumes 1 and 2, based on the 2018 International Building Code, Volumes 1 and 2. 16.04.015 Adoption of Appendix Chapters. 16.04.020 Section 501.2 - Address identification. 16.04.040 Chapter 7A – Materials and Construction Methods for Exterior Wildfire Exposure. 16.04.060 Chapter 15 - Roof Assemblies and Rooftop Structures 16.04.080 Chapter 17 - Special Inspection and Tests. 16.04.100 Chapter 19 - Concrete. 16.04.120 Section 3109 - Swimming Pool Enclosures and Safety Devices. 16.04.010 Adoption of the 2019 California Building Code, Volumes 1 and 2, based on the 2018 International Building Code, Volumes 1 and 2. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Building Code, Volumes 1 and 2 inclusive, 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. 11/05/19 191 of 347 Council Agenda: November 5, 2019 Page: 12 Revision Date: -- B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.04.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2019 California Building Code are hereby adopted. Appendix C: Group U – Agricultural Buildings; Appendix F: Rodentproofing; Appendix G: Flood-Resistant Construction; Appendix I: Patio Covers; 16.04.020 Section 501.2 - Address Identification. Adopt Section 502.1 of the 2019 California Building Code and amend to read as follows: New and existing buildings shall be provided with approved address numbers or letters. Each character shall be not less than 4 inches in height and not less than 0.5 inch in 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 code official, address numbers shall be provided in additional approved locations to facil itate emergency 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 sign or means shall be 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 a street address number posted. Subdivisions and Planned Developments shall submit a numbering schedule for 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 with an approved copy to the Fire Department for emergency use. 16.04.040 Chapter 7A – Materials and Construction Methods for Exterior Wildfire Exposure. Amend Section 707A.9 of the 2019 California Building Code to read as follows: 707A.9 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 o f the floor including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual. 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 or ASTM E2957. Exception: Structural columns and beams do not require protection when they are constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Saw n or glue- laminated planks splined, tongue-and-grove, or set close together and well spiked. Amend Section 710A.3 of the 2019 California Building Code to read as follows: 710A.3. Where required. Accessory structures shall comply with the requirements of this section.be constructed of noncombustible materials or of ignition-resistant materials as described in 704A.2. Delete Section 710A.3.1 in its entirety. Delete Section 710A.3.2 in its entirety. Delete Section 710A.3.3 in its entirety. 16.04.060 Chapter 15 - Roof Assemblies and Rooftop Structures. Amend Section 1505.1.3 of the 2019 California Building Code to read as follows: 11/05/19 192 of 347 Council Agenda: November 5, 2019 Page: 13 Revision Date: -- 1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where mor e than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fir e- retardant roof covering that is at least Class A. Amend Section 1505.1.4 of the 2019 California Building Code 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 percent of the total roof area is replaced within any one -year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every 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. 16.04.080 Chapter 17 – Special Inspection and Tests. Amend Section 1705.3 Exception #1 of the 2019 California Building Code to read as follows: 1705.3 Concrete Construction. The specialSpecial inspections and verifications fortests of concrete construction shall be as required byperformed in accordance with this section and Table 1705.3. Exception: Special inspections and tests shall not be required for: 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 design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa). 16.04.100 Chapter 19 – Concrete. Adopt and amend Section 1905.1.7 and ACI 318 Section 14.1.4 to read as follows: 1905.1.7 ACI 318, Section 14.1.4. 14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F. 14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows: (a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of t he footing beyond the face of the supported member does not exceed the footing thickness. Exception: In detached one and two-family dwelling three stories or less in height, the projection of 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 the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 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 and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. 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 two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross–sectional area of the footing. 16.04.120 Chapter 23 – Wood. Add Section 2308.6.3.1 to the 2019 California Building Code to read as follows: 2308.6.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design Categories D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the st uds from other types of braced wall panel sheathing. In Seismic Design Categories D, E, and F the use of Method PCP is limited to one-story building and structures. 11/05/19 193 of 347 Council Agenda: November 5, 2019 Page: 14 Revision Date: -- Amend Table 2308.6.3(1) of the 2019 California Building Code, to add a new footnote "b" to the end of California Building Code Table 2308.6.3(1) to read as follows: b. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS and PBS is not permitted and the use of Method PCP is limited to one-story buildings and structures. 16.04.140 Section 3109 - Swimming Pool Enclosures and Safety Devices. Adopt Section 3109 of the 2019 California Building Code. Add Section 3109.3 to the 2019 California Building Code to read as follows: 3109.3 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 inspected by the Building 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 pool area is in with pressure test, all steel and related attachments are properly bonded and 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 operating, the pool is filled with water and all fences and gates are installed; 4. A reinspection fee per the adopted fee schedule per inspection will be charged for each inspection over two where the work is not ready or corrections have not been completed; 5. The owner shall arrange with the Building Department for inspectors to enter the property to make necessary inspections in connection with the pool. Chapter 16.06 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.06 to be entitled, numbered, and to read as follows: CHAPTER 16.06 RESIDENTIAL CODE Section 16.06.010 Adoption of the 2019 California Residential Code based on the 2018 International Residential Code. 16.06.015 Adoption of Appendix Chapters. 16.06.020 Section R310 – Emergency Escape and Rescue Openings. 16.06.040 Section R313 - Automatic Fire Sprinkler Systems. 16.06.060 Section R337 - Materials and Construction Methods for Exterior Wildfire Exposure. 16.06.080 Chapter 4 - Foundations. 16.06.100 Chapter 6 – Wall Construction. 16.06.120 Chapter 9 - Roof Assemblies. 16.06.140 Chapter 10 - Chimneys and Fireplaces – Spark Arrestors. 16.06.010 Adoption of the 2019 California Residential Code based on the 2018 International Residential Code. A. Except as otherwise provide in this chapter, the provisions of the 2019 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, except such portions as are hereinafter deleted, modified or amended by this ordinance,, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.06.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2019 California Residential Code are hereby adopted: Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix H: Patio Covers; Appendix J: Existing Building and Structures; 11/05/19 194 of 347 Council Agenda: November 5, 2019 Page: 15 Revision Date: -- Appendix K: Sound Transmission; Appendix V: Swimming Pool Safety Act 16.06.020 Section R310 – Emergency Escape and Rescue Openings. Amend Section R310.1 of the 2019 California Residential Code to delete Exception #2. 16.06.040 Section R313 - Automatic Fire Sprinkler Systems. Amend Section R313.1 of the 2019 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 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011 that does not total more than 1,000 square feet of building area. Amend Section R313.2 of the 2019 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 in one- and two-family dwellings and Accessory Dwelling Units as follows: 1. In all new one- and two-family dwellings, rebuild of existing one- and two-family dwellings as defined by the Building Official. 2. In all new basements and in existing basements that are expanded by more than 50%. 3. In all attached Accessory Dwelling Units and/or additions to an existing one- and two-family dwelling that have an existing fire sprinkler system. 4. In all attached Accessory Dwelling Units and/or additions to an existing non-sprinklered one- and two-family dwelling, when the building area is increased to more than 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011 that does not total more than 1,000 square feet of building area. 5. Detached Accessory Dwelling Units are not required to have fire sprinklers installed, provided that all of the following are met: a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2. b. The existing primary residence does not have automatic fire sprinklers. c. The accessory detached Accessory dwelling Dwelling unit Unit does not exceed 1,000 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all access and water supply requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code. 16.06.060 Section R337 - Materials and Construction Methods for Exterior Wildfire Exposure. Amend Section R337.7.9 of the 2019 California Residential Code to read as follows: R337.7.9 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 panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual. 5. The underside of a floor assembly that meets the performance criteria in accordance with the test p rocedures set forth in either of the following: 5.1 SFM Standard 12-7A-3; or 11/05/19 195 of 347 Council Agenda: November 5, 2019 Page: 16 Revision Date: -- 5.2 ASTM E2957; Exception: Structural columns and beams do not require protection when they are constructed with sawn lumber or glue - laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined, tongue-and-grove, or set close together and well spiked. Amend Section R337.10.3 of the 2019 California Residential Code to read as follows: R337.10.3. Where required. Accessory structures shall comply with the requirements of this section.be constructed of noncombustible materials or of ignition-resistant materials as described in Section R337.4.2. Delete Section R337.10.3.1 in its entirety. Delete Section R337.10.3.2 in its entirety. Delete Section R337.10.3.3 in its entirety. 16.06.080 Chapter 4 – Foundations. Amend Section R403.1 of the 2019 California Residential Code to read as follows: R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, or other approved structural systems which shall be 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 from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footings shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with A CI 332. Amend Section R403.1.1 of the 2019 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(1) to Table R403.1(3) and Figure R403.1.3. The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing projection, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. Delete Figure R403.1(2) and Figure R403.1(3). Delete Section R403.2 in its entirety. 16.06.100 Chapter 6 – Wall Construction. Amend Section R602.10.4 of the 2019 California Residential Code, to add a new footnote "f" to the end of CRC Table R602.10.4 to read as follows: f. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures. Add the "f" footnote notation for Methods GB, SFB, HPS, PBS, CS-SFB, and PCP of Table R602.10.4. Add a new subsection R602.10.4.5 of the 2019 California Residential Code, to read as follows: R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one- story single family dwellings and accessory structures. 16.06.120 Chapter 9 – Roof Assemblies. Amend Section R902.1.3 of the 2019 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 within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacemen t of the roof of every existing structure, shall be a fire - retardant roof covering that is at least Class A. Amend Section R902.1.4 of the 2019 California Residential Code to read as follows: 11/05/19 196 of 347 Council Agenda: November 5, 2019 Page: 17 Revision Date: -- 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, and any roof covering applie d in the alteration, repair or replacement of the roof of every 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 wit h Section R337.5. 16.06.140 Chapter 10 – Chimneys and Fireplaces - 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 new and existing fireplace chimneys shall terminate in a substantially constructed spark arrestor complying with the requirements of the 2019 California Residential Code Section R1003.9.2. [Title 16 – Chapter 16.08 – No Change] [Title 16 – Chapter 16.12 – No Change] Chapter 16.16 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.16 to be entitled, numbered, and to read as follows: CHAPTER 16.16: ELECTRICAL CODE Section 16.16.010 Adoption of the 2019 California Electrical Code based on the 2017 National Electrical Code. 16.16.015 Adoption of Appendix Chapters. 16.16.020 Article 100 – Definitions. 16.16.030 Electrical Work. 16.16.040 Electrical Fee Schedule. 16.16.050 Interpretation. 16.16.060 Electrical Maintenance Program. 16.16.010 Adoption of the 2019 California Electrical Code based on the 2017 National Electrical Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.16.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2019 California Electrical Code have been adopted. 16.16.020 Article 100 – Definitions. Amend Article 100 of the 2019 California Electrical Code with the following definitions added: Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical contractor's license issued by the State of California. 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. Maintenance Electrician. A maintenance electrician in an electrician qualified by training and experience to do the recurring work required to keep a facility in such condition that it may be utilized at its designated capacity and efficiency, to do repair work or replacement or overhaul of constituent parts o r materials to keep or restore a facility to a condition substantially equivalent to its original or design capacity or efficiency. 16.16.030 Electrical Work. Electrical work shall be done only by: 11/05/19 197 of 347 Council Agenda: November 5, 2019 Page: 18 Revision Date: -- a. Owner/Builder; b. Electrical contractors who are in compliance with the state licensing laws and whose employees are under the direct supervision of a qualified journeyman electrician; c. A general building contractor if scope of work involves at least two unrelated trades or crafts other than framing or carpentry, or if the general building contractor holds the appropriate license classification; d. Maintenance electrician. 16.16.040 Electrical Fee Schedule. Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the city. 16.16.050 Interpretation. A. The language used in this code, and the California Electrical Code, which is made a part of this code by reference, is intended to convey the common and accepted meaning familiar to the electrical industry. 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. 16.16.060 Electrical Maintenance Program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any property which such person owns or occupies, may designate a qualified electrician as a maintenance electrician. Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the city cover ing all installations, 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, and to inspection by the electrical inspector to the same ex tent as similar work performed by other persons and for which such inspection is provided. Chapter 16.20 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.20 to be entitled, numbered, and to read as follows: CHAPTER 16.20: PLUMBING CODE Section 16.20.010 Adoption of the 2019 California Plumbing Code based on the 2018 Uniform Plumbing Code. 16.20.015 Adoption of Appendix Chapters. 16.20.020 Name Insertion. 16.20.010 Adoption of the 2019 California Plumbing Code based on the 2018 Uniform Plumbing Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Plumbing 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.20.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2019 California Plumbing Code are hereby adopted: Appendix A: Recommended 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 for PEX Tubing Systems for Hot- and Cold-Water Distribution; 16.20.020 Name Insertion. 11/05/19 198 of 347 Council Agenda: November 5, 2019 Page: 19 Revision Date: -- The names “Cupertino” and/or “California” shall be inserted in the appropriate places provided therefor in each and every section of such California Plumbing Code wherein either the name of the city or state is left blank. Chapter 16.24 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.24 to be entitled, numbered, and to read as follows: CHAPTER 16.24: MECHANICAL CODE Section 16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018 Uniform Mechanical Code. 16.24.015 Adoption of Appendix Chapters. 16.24.020 Name Insertion. 16.24.010 Adoption of the 2019 California Mechanical Code based on the 2018 Uniform Mechanical Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Mechanical 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, exce pt such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2019 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 Mechanical Code wherein either the name of the city or state is left blank. [Title 16 – Chapter 16.28 – No Change] [Title 16 – Chapter 16.36 – No Change] Chapter 16.40 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.40 to be entitled, numbered, and to read as follows: CHAPTER 16.40: FIRE CODE Section 16.40.010 Adoption of the 2019 California Fire Code and 2018 International Fire Code. 16.40.015 Adoption of Appendix Chapters. 16.40.020 Chapter 1 - Administration. 16.40.040 Chapter 2 - Definitions. 16.40.060 Chapter 3 - General Requirements. 16.40.080 Chapter 5 - Fire Service Features. 16.40.100 Chapter 6 – Building Services and Systems. 16.40.120 Chapter 8 – Interior Finish, Decorative Materials and Furnishings. 16.40.140 Chapter 9 – Fire Protection and Life Safety Systems. 16.40.160 Chapter 11 – Construction Requirements for Existing Buildings. 16.40.180 Chapter 33 – Fire Safety During Construction and Demolition. 16.40.200 Chapter 49 – Requirements for Wildland- Urban Interface Fire Areas. 16.40.220 Chapter 50 – Hazardous Materials – General Provisions. 16.40.240 Chapter 56 – General – Explosives and Fireworks. 16.40.260 Chapter 57 – Flammable and Combustible Liquids. 16.40.280 Chapter 58 – Flammable Gases and Flammable Cryogenic Fluids. 16.40.300 Chapter 60 – Highly Toxic and Toxic Materials. 16.40.320 Chapter 61 – Liquefied Petroleum Gases. 16.40.340 Chapter 64 – Pyrophoric Materials. 11/05/19 199 of 347 Council Agenda: November 5, 2019 Page: 20 Revision Date: -- 16.40.010 Adoption of the 2019 California Fire Code and 2018 International Fire Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Fire Code and also the 2018 International Fire 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, except such portions as are hereinafter deleted, modified, added or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume 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 18942 and are made available for public inspection. 16.40.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2019 California Fire Code are hereby adopted. Appendix B: Fire-Flow Requirement for Buildings. Appendix C: Fire Hydrant Locations and Distribution. Appendix O: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses. 16.40.020 Chapter 1 - Administration. Add Section 101.3.1 to the 2019 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 for the maintenance and enforcement of the provisions of this Code to whichever legal entity he feels best serves the interests of the City. Wherever the words “Chief,” “Fire Marshal, “fire code official,” “Fire Department,” “Fire Prevention Bureau,” “Fire Chief,” and other such similar words are used, they shall mean and 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 used, they shall mean the City 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 shall mean the City Manager of Cupertino. Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall mean the City Attorney of Cupertino. Wherever the words “Board of Appeal” are used, they shall mean the City Council of Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety. Amend Table 105.6.20 of the 2019 California Fire Code to read as follows: TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See Section 105.6.16 Corrosive materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds 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 materials: Gases See Section 105.6.8 Other health hazard materials: Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Oxidizing materials: Gases See Section 105.6.8 Liquids: Class 4 Class 3 Class 2 Class 1 Any Amount 1 gallona 10 gallons 55 gallons 11/05/19 200 of 347 Council Agenda: November 5, 2019 Page: 21 Revision Date: -- Solids: Class 4 Class 3 Class 2 Class 1 Any Amount 10 poundsb 100 pounds 500 pounds Organic peroxides: Liquids Class I Class II Class III Class IV Class V Any Amount Any Amount 1 gallon 2 gallons No Permit Required Solids Class I Class II Class III Class IV Class V Any Amount Any Amount 10 pounds 20 pounds No Permit Required Pyrophoric materials: Gases Any amount Liquids Any amount Solids Any amount Toxic materials: Gases Liquids See Section 105.6.8 10 gallons Solids 100 pounds Unstable (reactive) materials: Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 Any Amount Any Amount 5 gallons 10 gallons Any Amount Any Amount 50 pounds 100 pounds Water-reactive materials: Liquids Class 3 Class 2 Class 1 Solids Class 3 Class 2 Class 1 Any Amount 5 gallons 55 gallons Any Amount 50 pounds 500 pounds For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a. 20 gallons for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b. 200 pounds for Class 3 oxidizers when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Sec tion 5003.5 are provided for quantities of 200 pounds or less. Delete Section 105.6.30 of the 2019 California Fire Code. Add Section 105.6.52 to the 2019 California Fire Code to read as follows: 105.6.52 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people. Add Section 105.6.53 to the 2019 California Fire Code to read as follows: 105.6.53 Institutional. A permit is required to operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals, children’s home, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, residential care homes for the elderly, out of home placement facilities, halfway house, and day care nurseries or similar facility of any capacity. Add Section 105.6.54 to the 2019 California Fire code to read as follows: 105.6.54 Lithium Batteries. An operational permit is required to collect or store more than 1,000 pounds (454 kg) of lithium batteries. 11/05/19 201 of 347 Council Agenda: November 5, 2019 Page: 22 Revision Date: -- Add Section 105.6.55 to the 2019 California Fire Code to read as follows: 105.6.55 Additive Manufacturing. An operational permit is required to conduct additive manufacturing operations as covered in Section 321.3. Amend Section 105.7.4 of the 2019 California Fire Code to read as follows: [A] 105.7.4 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 damage to, abandon, remove, place temporarily out o f service, close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit 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 at least 30 days prior to the termination of the storage, use or handling of compressed or 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 circumstances requiring such waiver. Amend Section 105.7.5 of the 2019 California Fire Code to read as follows: [A] 105.7.5 Cryogenic fluids. A construction permit is required for installation of or alteration to cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.6.10. Maintenance performed in accordance with this code is not considered an alteration and does not require a construction permit. Add Section 106.2.1 of the 2019 California Fire Code to read as follows: 106.2.1 Construction permit fees. Construction permit fees and plan review fees for fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa Clara County Fire Department in accordance with the following table based on valuation. The valuation shall be lim ited 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 of determining the total fee amount for each permit, the plan review fee shall be added to the Permit Fee. 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 $4.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $630.15 for the first $50,000.00 plus $13.60 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $986.75 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 to $1,000,000.00 $3,228.15 for the first $500,000.00 plus $5.35 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001 and up $5,604.00 for the first $1,000,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof Additional re-inspections, in connection with the permits above, are to be paid at $120.00 for each occurrence at the discretion of the fire code official. Cancelled inspections without advance notice are to be paid at $120.00 for each occurrence. Add Section 106.2.2 the 2019 California Fire Code to read as follows: 106.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows: FACILITY TYPE PERMIT FEE 1. Institutional 11/05/19 202 of 347 Council Agenda: November 5, 2019 Page: 23 Revision Date: -- 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 (Only those requiring permits in accordance with Section 105.6. 47). $85.00 – Each occurrence Add Section 107.5 to the 2019 California Fire Code to read as follows: 107.5 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 certificate of occupancy may be granted until the Fire Department issues notice of final clearance of such fire protection facilities and access ways to the Building Department. 16.40.040 Chapter 2 - Definitions. Amend Chapter 2 of the 2019 California Fire Code and 2018 International Fire Code with the following definitions added: 3D PRINTER. A machine used in the additive manufacturing process for fabricating objects through the deposition of a material using a print head, nozzle, or another printer technology. ADDITIVE MANUFACTURING. A process of joining materials to make objects from 3D model data, usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes two types of additive manufacturing: 1. Industrial additive manufacturing. 3D printing operations that typically utilize combustible powders or metals, an inert gas supply, a combustible dust collection system. or that create a hazardous (classified) location area or zone outside of the equipment. 2. Non-industrial additive manufacturing. 3D printing operations that do create a hazardous (classified) location area outside of the equipment, and do not utilize an inert gas supply or a combustible dust collection system. CORROSIVE LIQUID. Corrosive liquid is: 1. any liquid which, when in contact with living tissue, will cause destruction or irreversible 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 accordance with Title 22, California Code of Regulations §66261.22. MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate of highly toxic, toxic or moderately toxic gases in a control area which, due to the minimum aggregate quantities, need only comply with the requirements set forth in Section 6004.1. 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 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each. OTHER HEALTH HAZARD MATERIAL. is a hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) or teratogens (effect on fetuses). SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably to ensure detection and remedy of the primary containment failure. SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials fro m spreading to other parts of the room. 11/05/19 203 of 347 Council Agenda: November 5, 2019 Page: 24 Revision Date: -- WORKSTATION. A defined space or an independent principal piece of equipment using hazardous materials with a hazard rating of 3 or 4 in accordance with NFPA 704 where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices, and other processing and scientific equipment. 16.40.060 Chapter 3 - General Requirements. Add Section 315.8 to the 2019 California Fire Code to read as follows: 315.8 LITHIUM BATTERY STORAGE AND HANDLING 315.8 Lithium Battery Storage and Handling. The storage and handling of lithium ion and lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply with Section 315.8.1 through 315.8.10, and Chapter 32 where applicable. 315.8.1 Permits. Permits shall be required as set forth in Section 105.6.54. 315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg). 315.8.3 Construction requirements. Fire areas shall be separated from each other by fire barriers having not less than 2-hour fire resistance rating constructed in accordance with Section 707 of the Building Code and horizontal assemblies constructed in accordance with Section 711 of the Building Code. 315.8.4 Number of fire areas. The maximum number of fire areas within a building shall be four. 315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of lithium batteries per fire area shall be in an approved Group H, Division 2 occupancy constructed in accordance with the Building Code and provided throughout with approved automatic smoke detection and radiant -energy detection systems. 315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium battery storage or handling shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. The design of the sprinkler system within each fire area shall not be less than that required for Extra Hazard Group 2 with a minimum design area of 2,500 square feet. Where the storage arrangement is required by other provisions of this code to be provided with a higher level of sprinkler system protection, the high er level of sprinkler system protection shall be provided. 315.8.7 Automatic smoke detection system. An approved automatic smoke detection system that activates an approved occupant notification system shall be provided throughout each fire area in acc ordance with Section 907. 315.8.8 Radiant energy detection. An approved radiant-energy detection system that activates an approved occupant notification system shall be installed throughout each fire area in accordance with Section 907. 315.8.9 Collection containers. Containers used to collect or store lithium batteries shall be noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6 L), or be approved for transportation in accordance with the Department of Transportation (DOT). 315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard commodity in accordance with Chapter 32 and where applicable, lithium battery storage shall comply with Chapter 32 in addition to Section 315.8. Add Section 316.7 to the 2019 California Fire Code to read as follows: 316.7 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 adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. Add Section 321 to the 2019 California Fire Code to read as follows: 321.1 General. Additive manufacturing equipment and operations shall comply with Section 320. 321.1.1 Scope. Additive manufacturing shall comply with one of the following: 11/05/19 204 of 347 Council Agenda: November 5, 2019 Page: 25 Revision Date: -- 1. Non-industrial additive manufacturing shall comply with Section 321.2. 2. Industrial additive manufacturing shall comply with Section 321.3. 321.1.2 Installation, operation and maintenance. 3D printers and associated additive manufacturing equipment shall be installed, operated and maintained in accordance with this Code, the listing and the manufacturer's instructions. 321.1.3 Production materials. Only the production materials listed for use with the equipment and included in the manufacturer's instructions shall be used. 321.2 Non-industrial additive manufacturing. Non-industrial additive manufacturing equipment and operations shall comply with Section 321.2.1 through 321.2.4. Additive manufacturing equipment and operations that do not comply with Section 321.2 shall comply with Section 321.3. 321.2.1 Listing. 3D printers used in non-industrial additive manufacturing shall be listed and labeled in accordance with UL 60950-1, UL 62368-1 or UL 2011. The listing shall also verify: 1. The 3D printers are self-contained and utilize maximum 30 liter pre-packaged production materials. 2. The operation of the 3D printers shall not create a hazardous (classified) electrical area or outside of the unit. 3. If any hazardous (classified) electrical area or zone exists inside of the unit’s outer enclosure, the area shall be protected by intrinsically safe electrical construction or other acceptable protection methods. 4. The 3D printers shall not utilize inert gas or an external combustible dust collection. 321.2.2 Occupancies. Non-industrial additive manufacturing shall be permitted in all occupancy groups. 321.3 Industrial additive manufacturing. Industrial additive manufacturing equipment and operations shall comply with Section 321.3.1 through 321.3.13. 321.3.1 Permits required. Permits shall be obtained from the fire code official in accordance with Section 105.6.55 prior to engaging in industrial additive manufacturing operations. 321.3.2 Listing. 3D printers used in industrial additive manufacturing shall be listed and labeled in accordance with UL 2011 or approved for the application based on a field evaluation conducted by an approved agency. 321.3.3 Combustible dusts and metals. Industrial additive manufacturing operations that store, use or produce combustible dust, combustible particulate solids or combustible metals shall comply with Chapter 22 and this section. 321.3.4 Powder evaluation. Printing powders used in industrial additive manufacturing operations shall be tested for combustibility in accordance with NFPA 484 or NFPA 652 as applicable. A c opy of test reports shall be provided to the fire code official upon request. 321.3.5 Combustible (non-metallic) dusts. Industrial additive manufacturing that uses operations that store, use or produce combustible (non-metallic) dusts shall comply with NFPA 654. 321.3.6 Combustible metals. Industrial additive manufacturing operations that store or use combustible metals shall also comply with NFPA 484. 321.3.7 Ancillary equipment. Ancillary equipment provided for recycling, sieving, vacuuming or handling combustible powders shall be designed and approved for such use. 321.3.8 Hazardous materials. Industrial additive manufacturing operations that store or use hazardous materials exceeding the maximum allowable quantity limits shall comply with Chapter 50. 321.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases shall comply with Chapter 53. Ventilation or gas detection shall be provided in accordance with Section 5307. 321.3.10 Technical assistance. Where required by the fire code official, a report evaluating the acceptability of technologies, processes, products, facilities, materials and uses associated with the operation shall be provided in accordance with 104.7.2 and approved. 321.3.11 Performance based design alternative. Where approved by the fire code official, buildings and facilities where industrial additive manufacturing is performed shall be permitted to comply with the performance -based design options in Section 5001.3 as an alternative to compliance with the other requirements set forth in this Section. 321.3.12 Occupancies. Industrial additive manufacturing shall only be conducted in the occupancy groups associated with manufacturing operations. The occupancy may be required by the fire code official to comply with Chapter 50 maximum allowable quantity tables. Where approved, the requirements in Sections 321.2.5 and 321.3.6 shall be permitted to provide the technical basis for determining compliance w ith Table 5003.1.1(1), footnote q. 11/05/19 205 of 347 Council Agenda: November 5, 2019 Page: 26 Revision Date: -- 321.3.13 Safety Certification. The equipment, process, training procedures and occupancy associated with industrial additive manufacturing may be required by the fire code official to receive a safety certification fro m Underwriter’s Laboratory or equivalent. 16.40.080 Chapter 5 - Fire Service Features. Amend Section 503.1 of the 2019 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 and as required by the Fire Department access road Standards. Amend Section 503.1.1 as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Sections 903.3.1.1, the dimension may be increased to a maximum of 300 feet when approved by the fire code official. 2. When there are not more than two Group R -3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet. 3. When apparatus roads cannot be installed because of topography, waterways, no nnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided. Amend Section 503.2.1 of the 2019 California Fire Code to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, or as required by fire department access road standards, 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 occupancies, the access road width may be modified by the fire code official. Amend Section 503.2.2 of the 2019 California Fire Code as follows: 503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and/or vertical clearance where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction. Adopt Section 504.5 to the 2019 California Fire Code to read as follows: 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 department emergency access to or within the building are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official. Access control devices shall also comply with Chapter 10 Egress. Amend Section 510.1 of the 2019 California Fire Code to read as follows: 510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions: 1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202); 2. The total building area is 30,000 square feet or more; 3. The total basement area is 5,000 square feet or more; 4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1 Exceptions: 1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system. 2. Where it is determined by the fire code official that the radio coverage system is not needed. 11/05/19 206 of 347 Council Agenda: November 5, 2019 Page: 27 Revision Date: -- 3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that faci lity, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. 4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 M Hz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system. The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of t his code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems. The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Add Section 510.1.1 of the 2019 California Fire Code to read as follows: 510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan. Delete Section 510.2 of the 2019 California Fire Code. Amend Section 510.3 of the 2019 California Fire Code to read as follows: 510.3 Permit required. A construction permit, for the installation of, or modification of, emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A frequency change made to an existing system is considered to be new construction and will require a construction permit Amend Section 510.4 of the 2019 California Fire Code to read as follows: 510.4 Technical requirements. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with the current Emergency Responders Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department. Amend Section 510.4.1.1 of the 2019 California Fire Code to read as follows: 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent Signal -to- Interference-Plus-Noise Ratio (SINR) applicable to the technology. Amend Section 510.4.1.2 of the 2019 California Fire Code to read as follows: 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent SINR applicable to the technology. Amend Section 510.5 of the 2019 California Fire Code to read as follows: 510.5 Installation requirement. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department. Amend Section 510.5.1 of the 2019 California Fire Code to read as follows: 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and the agency FCC license holder or systems administrator. Amend the First Paragraph of Section 510.5.3 of the 2019 California Fire Code to read as follows: 510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two -way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee. 11/05/19 207 of 347 Council Agenda: November 5, 2019 Page: 28 Revision Date: -- 16.40.100 Chapter 6 – Building Services and Systems. SECTION 603 FUEL-FIRED APPLIANCES Amend Section 603.4.2.1.1 by deleting the exception: 603.4.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations: 1. Inside of any occupancy where connected to the fuel gas container. 2. Inside of tents, canopies and membrane structures. 3. On exterior balconies. and rooftops in other than R-3 occupancies. Add Section 604.12 to the 2019 California Fire Code to read as follows: 604.12 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. 16.40.120 Chapter 8 - Decorative Vegetation in New and Existing Buildings. Amend Section 806.1.1 of the 2019 California Fire Code to read as follows: 806.1.1 Restricted occupancies. The display of natural cut trees and other decorative vegetatio n shall be in accordance with the California Code of Regulations, Title 19, Division 1, §3.08 and Sections 806.1 through 806.4. 16.40.140 Chapter 9 - Automatic sprinkler systems. Amend Section 901.6.3 of the 2019 California Fire Code to read as follows: 901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. Inspections and tests performed on fire alarm systems shall be documented on NFPA 72 forms. Amend Section 903.2 of the 2019 California Fire Code to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall not be utilized as a means of area reduction for the purposes of circumventing automatic fire sprinkler system installation requirement. 1. An approved automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a. Buildings and structures that do not exceed 1,000 square feet of building area 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 following 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 existing buildings and structures when alterations or additions are made that create conditions described in Sections 903.2.1 through 903.2.18. 3. An automatic sprinkler system shall be provided throughout existing buildings and structures, when additions are made that increase the building area to more than 3,600 square feet. Exception: 11/05/19 208 of 347 Council Agenda: November 5, 2019 Page: 29 Revision Date: -- One or more additions made to a building after January 1, 2011 that does not total more than 1,000 square feet of building area. 4. An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50%. 5. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or Building Official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved automatic fire sprinkler system. 1 Life Safety – Increased occupant load, public assembly areas, public meeting areas, 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; 2 Fire Risks – High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignitio n (welding, automotive repair with the use of flammable liquids and open flames). Amend Section 903.2.18 of the 2019 California Fire Code to delete the Exception: Amend Section 909.20.1 of the 2019 California Fire Code to read as follows: 909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and both shall occur at least annually. 16.40.160 Chapter 11 - Construction Requirements for Existing Buildings. Delete Chapter 11 of the 2018 International Fire Code in its entirety. 16.40.180 Chapter 33 – Fire Safety During Construction and Demolition. Add Section 3304.9 to the 2019 California Fire Code to read as follows: 3304.9 Fire Walls. When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather -protected at the location of the wall(s). Amend Section 3311.1 of the 2019 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 usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Exit stairs in new and in exist ing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). Adopt Section 3311.1.1 of the 2019 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 egress shall be identified in the prefire plan. See Section 3308.3. 16.40.200 Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas. Amend Section 4902 of the 2019 California Fire Code with the following definition amended: Wildland-Urban Interface Fire Area. A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The Wildland -Urban Interface Fire Area shall be defined as all areas within the City of Cupertino as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area” which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. The map properly attested, sha ll be on file in the Office of the City Clerk of the City of Cupertino. 11/05/19 209 of 347 Council Agenda: November 5, 2019 Page: 30 Revision Date: -- Amend Section 4906.2 of the 2019 California Fire Code to read as follows: 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection 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. Amend Section 4907.1 of the 2019 California Fire Code to read as follows: 4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175 – 51189 and any local ordinance of the authority having jurisdiction. 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 land adjacent to such buildings or structures, shall at all times: 1. Maintain an effective defensible space by removing and clearing away flammable 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 plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. Maintain additional effective defensible space by removing brush, flammable vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by the fire code official due to steepn ess of terrain or other conditions that would 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) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. 3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a chimney. 4. Maintain trees adjacent to or overhanging a building free of deadwood; and 5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. 6. Defensible space shall also be provided around water tank structures, water supply pumps and pump houses. 7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers. 8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The st orage of firewood and combustible material within the defensible space shall 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). Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official. 9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of non -fire-resistive vegetation growth. Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means of readily transmitting fire. Adopt Section 4907.2 of the 2019 California Fire Code to read as follows: 11/05/19 210 of 347 Council Agenda: November 5, 2019 Page: 31 Revision Date: -- 4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist to cor rect such conditions. If the owner fails to correct such conditions the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such conditions exists. Adopt Section 4908 of the 2019 California Fire Code to read as follows: 4908.1 General. When required by the code official, a fire protection plan shall be prepared. 4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management. 4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant. 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official. Adopt Section 4909 of the 2019 California Fire Code to read as follows: 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 supp lies in accordance with Chapter 5 and Section 4909.2. Exception: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 4909.2 Standby power. Standby power shall be provided to pumps, controllers and related electrical equipment so that stationary water supply facilities within the wildland -urban interface area that are dependent on electrical power can provide the required water supply. The standby power system shall be in accordance with the Electrical Code. The standby power source shall be capable of providing power for a minimum of two hours. Exceptions: 1. When approved by the code official, a standby power supply is not required where the primary power service to the stationary water supply facility is underground. 2. A standby power supply is not required where the stationary water supply facility serves no more than one single - family dwelling. Adopt Section 4910 of the 2019 California Fire Code to read as follows: 4910.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area. 16.40.220 Chapter 50 - Hazardous Materials – General Provisions. Amend Section 5001.2.2.2 of the 2019 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 hazard can also pose a physical hazard. 1. Highly toxic and toxic materials. 2. Corrosive materials. 3. Moderately toxic gas. 4. Other health hazards. Add Section 5001.5.3 to the 2019 California Fire Code to read as follows: 5001.5.3 Hazardous materials business plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC. Add Section 5003.1.3.1 to the 2019 California Fire Code to read as follows: 5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases in amounts exceeding Table 6004.2.1 .4 shall be in 11/05/19 211 of 347 Council Agenda: November 5, 2019 Page: 32 Revision Date: -- accordance with this chapter and Chapter 60. Any highly toxic, toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for highly toxic, toxic or moderately toxic gases. Add Section 5003.1.5 to the 2019 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 in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with this Section 5003. Add Section 5003.1.6 to the 2019 California Fire Code to read as follows: 5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2, an approved containment system is required for any quantity of hazardous materials, that are liquids or solids at normal 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 environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2. Amend Section 5003.2.2.1 of the 2019 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 following: 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject. 2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and 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 the following locations: 1. The point of use. 2. The tank, cylinder or bulk use. 4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible, accessible and indicated by means of a sign. 5. Backflow prevention or check valves shall be provided where the backflow of hazardous mate rials 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 detection and emergency shutoff or excess flow control shall be provided. Where the piping originates from within a 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 control shall be located as close to the bulk source as practical. Exceptions: 1. Piping for inlet connections designed to prevent backflow. 2. Piping for pressure relief devices. 7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary containment includes, but is not limited to double-walled piping. Exceptions: 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 and 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 regulated materials. 11/05/19 212 of 347 Council Agenda: November 5, 2019 Page: 33 Revision Date: -- Amend Section 5003.2.2.2 of the 2019 California Fire Code to read as follows: 5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following: 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the materia l is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid. 2. Piping and tubing shall not be located within corridors, within any portion of a means 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 occupancies when installed in accordance with Section 415.11 of the California Building Code for H-5 Occupancies. 3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10 -9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems. Amend Section 5003.3.1 of the 2019 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 there is release or a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4. Adopt Section 5003.5.2 of the 2019 California Fire Code to read as follows: 5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. Adopt Section 5003.5.3 of the 2019 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. Adopt Sec. 5003.9.11 of the 2019 California Fire Code to read as follows: 5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or Using Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire 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 use or storage within the cabinet do not exceed 500ml. Amend Section 5003.10.4, 5003.10.4.1, 5003.10.4.2, 5003.10.4.3, 5003.10.4.4 of the 2019 California Fire Code to read: 5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than in the individual(s) handling the chemical transport cart. 5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal). 5003.10.4.3 Highly toxic , toxic and moderately toxic gases shall be limited to a container of a maximum water capacity of 1 lb. 5003.10.4.4 Means shall be provided to prevent the elevator from being summoned to other floors. Amend Section 5004.2.1 of the 2019 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 in individual vessels having a capacity of more than 55 gallons (208 L) or in which the aggregate capacity of multipl e vessels exceeds 1,000 gallons (3785 L), shall be provided with spill control to prevent 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 the largest single vessel by one of the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations. 11/05/19 213 of 347 Council Agenda: November 5, 2019 Page: 34 Revision Date: -- 2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes. 3. Sumps and collection systems, including containment pallets in accordance with Section 5004.2.3. 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 5004.2.2.2 of the 2019 California Fire Code to read as follows: 5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems. Amend Section 5004.2.3 of the 2019 California Fire Code as follows: 5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids. Where used as an alternative to spill control and secondary containment for outdoor storage in accordance with the exception in Section 5004.2, containment pallets shall comply with all of the following: 1. A liquid-tight sump accessible for visual inspection shall be provided; 2. The sump shall be designed to contain not less than 66 gallons (250L); 3. Exposed surfaces shall be compatible with material stored; 4. Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet. 16.40.240 Chapter 56 - General – Explosives and Fireworks. Amend Section 5601.1.3 of the 2019 California Fire Code to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited. Exceptions: The use of fireworks for firework displays as allowed in Section 5608. 16.40.260 Chapter 57 – Flammable and Combustible Liquids. Amend section 5704.2.7.5.8 of the 2019 California Fire Code to delete Exception and to read as follows: 5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 5704.2.9.7.5 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 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350. Exception: Deleted An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings. Adopt Section 5704.2.7.5.9 of the 2019 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 location and immediately stops the filling of the ta nk. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on -site for a period of five (5) years. Amend Section 5704.2.9.6.1 of the 2019 California Fire Code as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above- ground tanks outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. 11/05/19 214 of 347 Council Agenda: November 5, 2019 Page: 35 Revision Date: -- Amend Section 5706.2.4.4 of the 2019 California Fire Code as follows: 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above- ground tanks outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. Amend section 5707.3.3 of the 2019 California Fire Code as follows: 5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use and function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be kept on the site property; and the scale of the site plan. 16.40.280 Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids. Amend Section 5806.2 of the 2019 California Fire Code as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. Amend Section 5809.3.4 of the 2019 California Fire Code as follows: 5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient deta il to indicate; all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan. 16.40.300 Chapter 60 – Highly Toxic and Toxic Materials. Amend Section 6001.1 of the 2019 California Fire Code to read as follows: 6001.1 Scope. The storage and use of highly toxic, toxic and moderately Toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53. Exceptions: 1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.1 1 . 2. Conditions involving pesticides or agricultural products as follows: 2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’ s instruction and label directions. 2.2 Transportation of pesticides in compliance with t he Federal Hazardous Materials Transportation Act and regulations thereunder. 2.3 Storage in dwellings or private garages of pesticides registered by the U.S. Environ- mental Protection Agency to be utilized in and around the home, garden, pool, spa and patio. Amend Section 6004.1 of the 2019 California Fire Code to read as follows: 6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section. Amend Section 6004.1.1, 6004.1.1.1, 6004.1.1.2, 6004.1.1.3 of the 2019 California Fire Code to read as follows: 6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3. 6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies. Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods. 6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used in Group R occupancies. 11/05/19 215 of 347 Council Agenda: November 5, 2019 Page: 36 Revision Date: -- 6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies. Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods. Amend Section 6004.2 of the 2019 California Fire Code to read as follows: 6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic or moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.4. Amend Section 6004.2.1 of the 2019 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 shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4. Adopt Section 6004.2.1.4 of the 2019 California Fire Code to read as follows: 6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding the maximum allowable per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1 and 6004.4. Add Table 6004.2.1.4 to the 2019 California Fire Code to read as follows: Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use Highly Toxic 20 Toxic 405 cubic feet Moderately Toxic 405 cubic feet Add Section 6004.4 to the 2019 California Fire Code to read as follows: 6004.4 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2. Add Section 6004.4.1 to the 2019 California Fire Code to read as follows: 6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures. Exceptions: 1. Where a gas detection system is provided in accordance with 6004.4.8 Add Section 6004.4.2 to the 2019 California Fire Code to read as follows: 6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area. Add Section 6004.4.3 to the 2019 California Fire Code to read as follows: 6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements: 1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections. Exceptions: 1. Inlet connections designed to prevent backflow. 2. Pressure relief devices. Add Section 6004.4.4 to the 2019 California Fire Code to read as follows: 6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements: 1. The exhaust ventilation from gas rooms shall be directed to an exhaust system. 11/05/19 216 of 347 Council Agenda: November 5, 2019 Page: 37 Revision Date: -- 2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used. Add Section 6004.4.5 to the 2019 California Fire Code to read as follows: 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code. Exceptions: 1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided: 1.1 Valve outlets are equipped with gas- tight outlet plugs or caps. 1.2 Hand wheel-operated valves have handles secured to prevent movement. 1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3. 2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic -closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic -closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room. Add Section 6004.4.5.1 to the 2019 California Fire Code to read as follows: 6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium. Add Section 6004.4.5.2 to the 2019 California Fire Code to read as follows: 6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used. Add Section 6004.4.5.3 to the 2019 California Fire Code to read as follows: 6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered. Add Section 6004.4.5.4 to the 2019 California Fire Code to read as follows: 6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multipl e valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP). Add Section 6004.4.5.5 to the 2019 California Fire Code to read as follows: 6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves sha ll be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure. Add Section 6004.4.6 to the 2019 California Fire Code to read as follows: 6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604: 11/05/19 217 of 347 Council Agenda: November 5, 2019 Page: 38 Revision Date: -- 1. Exhaust ventilation system. 2. Treatment system. 3. Gas detection system. 4. Smoke detection system. Add Section 6004.4.6.1 of the 2019 California Fire Code to read as follows: 6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail-safe systems are installed and designed to stop gas flow. Add Section 6004.4.7 of the 2019 California Fire Code to read as follows: 6004.4.7 Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compres sed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907. Add Section 6004.4.8 of the 2019 California Fire Code to read as follows: 6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided. Exceptions: 1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas. 2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures. Add Section 6004.4.8.1 of the 2019 California Fire Code to read as follows: 6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location. Add Section 6004.4.8.2 of the 2019 California Fire Code to read as follows: 6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected. Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are provided: 1. Constantly attended / supervised. 2. Provided with emergency shutoff valves that have ready access. 16.40.320 Chapter 61 – Liquefied Petroleum Gases. Amend Section 6104.2 of the 2019 California Fire Code as follows: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L) in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official. Exception: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LPG containers may be approved by the fire code official on a case by case basis. 16.40.340 Chapter 64 – Pyrophoric Materials. Add Section 6405.3.1 to the 2019 California Fire Code to read as follows: 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 for the silane distribution system 11/05/19 218 of 347 Council Agenda: November 5, 2019 Page: 39 Revision Date: -- Chapter 16.54 of Title 16 of the Cupertino Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 16.54 to be entitled, numbered, and to read as follows: CHAPTER 16.54: ENERGY CODE Section 16.54.010 Adoption of the 2019 California Energy Code. 16.54.010 Adoption of the 2019 California Energy Code. A. The provisions of the 2019 California Energy Code and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. 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 and are made available for public inspection. [Title 16 – Chapter 16.56 – No Change] Amend Chapter 16.58.010 of the Cupertino Municipal Code to read as follows: 16.58.010 Adoption of the 2019 California Green Building Standards Code. A. The provisions of the 2019 California Green Building Standards 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. 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 and is made available for public inspection. Amend Chapter 16.58.015 of the 2019 California Green Building Standards Code to read as follows: 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2019 California Green Building Standards Code have been adopted. Amend Chapter 16.58.040 of the 2019 California Green Building Standards Code to read as follows: 16.58.040 Local Amendments. The following provisions of this Chapter shall constitute local amendments to the cross -referenced provisions of the 2019 California Green Building Standards Code and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. Amend Chapter 16.58.100 of the 2019 California Green Building Standards Code to read as follows: 16.58.100 Section 101.10–Amended. 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 by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subjec t to requirements in Table 101.10 shall comply with the mandatory measures of the 2019 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code. [Title 16 – Chapter 16.60 – No Change] Add Chapter 16.62 to be entitled, numbered, and to read as follows: CHAPTER 16.62: HISTORICAL BUILDING CODE Section 16.62.010 Adoption of the 2019 California Historical Building Code. 11/05/19 219 of 347 Council Agenda: November 5, 2019 Page: 40 Revision Date: -- 16.62.010 Adoption of the 2019 California Historical Building Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Historical Building 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. Add Chapter 16.64 to be entitled, numbered, and to read as follows: CHAPTER 16.64: EXISTING BUILDING CODE Section 16.64.010 Adoption of the 2019 California Existing Building Code. 16.64.010 Adoption of the 2019 California Existing Building Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Existing Building 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. Add Chapter 16.68 to be entitled, numbered, and to read as follows: CHAPTER 16.68: REFERENCED STANDARDS CODE Section 16.68.010 Adoption of the 2019 California Referenced Standards Code. 16.68.010 Adoption of the 2019 California Referenced Standards Code. A. Except as otherwise provided in this chapter, the provisions of the 2019 California Referenced Standards 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, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference. B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. [Title 16 – Chapter 16.70 – No Change] [Title 16 – Chapter 16.72 – No Change] [Title 16 – Chapter 16.74 – No Change] [Title 16 – Chapter 16.80 – No Change] 11/05/19 220 of 347 RESOLUTION NO. 19-131 i A RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO MAKING FINDINGS RELATING TO LOCAL CLIMATIC, GEOGRAPHICAL, OR TOPOGRAPHICAL CONDITIONS SUPPORTING AMENDMENTS AND CHANGES TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE. WHEREAS, the City Council of the City of Cupertino, intends to pass an ordinance adopting the California Building Standards Code which consists of the 2019 editions of the California Building Code, Residential Code, Energy Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Historical Building Code, Existing Building Code, Referenced Standards Code and Green Building Standards Code and making modifications and changes thereto; and WHEREAS, the California Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the governing body of a city, before making any modification or changes to the California Building Standards Code, to make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, as more specifically set forth in the October 15, 2019 staff report for this item by Albert Salvador, the City's Building Official, a departure from the Building Standards Code is reasonably necessary due to local climatic, geological, or topographical conditions; NOW, THEREFORE,BE IT RESOLVED that the City Council does hereby: 1. The City Council hereby finds the following facts to be true: A. The Bay Area region is a densely populated area with buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including,but not limited to the recent 1989 Loma Prieta Earthquake; B. Cupertino is situated adjacent to active earthquake faults capable of producing substantial seismic events. The San Andreas and Sargent-Berocal faults run through the lower foothills and the Monta Vista Fault is closer to the valley floor area. The Hayward fault is North East of the City which would also presents a risk to Cupertino in the event of an earthquake; C. Vehicular traffic through Cupertino is significant, and continues to increase as Cupertino is an employment center as well as the location of residential projects; 11/05/19 221 of 347 Resolution No.19-131 Page 2 D. Because Cupertino is divided by major freeways and expressways, the occurrence of a major earthquake could impact the ability of fire crews to respond to emergencies should one or more of the freeways or expressways collapse, be substantially damaged, or become gridlocked; f E. Fire suppression capabilities would be severely limited should the water system be damaged during an earthquake; F. Cupertino experiences low humidity,high winds and warm temperatures during the suin ner months creating conditions which are particularly conducive to the ignition and spread of grass,brush and structural fires; G. Cupertino's topography contains remote, steep hillsides which further limits the ability of emergency responders to extinguish or control wildland or structural fires; H. The local geographic, topographic and climatic conditions require amendments to the California Building Standards Code to establish more restrictive conditions to improve structural integrity of the buildings in the event of a seismic incident and provide other protections to protect against the increased risk of fire. 2. Based on the above facts, the City Council makes the following finding: that Cupertino's local geographic, topographic and climatic conditions require amendments to the California Building Standards Code to establish more restrictive conditions to improve structural integrity of the buildings in the event of a seismic incident, provide other protections to protect against the increased risk of fire as more specifically set forth in the memorandum from Albert Salvador, the City's Building Official, and as summarized in the chart attached hereto as Exhibit A. 3. Based on the above finding, the City Council determines that it is necessary to make local amendments to the California Building Standards Code based upon the local conditions. BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines(collectively, "CEQA")because it has no potential for resulting in physical change in the environment,either directly or ultimately.In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. 11/05/19 222 of 347 Resolution No. 19-131 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October,2019,by the following vote: Vote Members of the City Council AYES: Scharf, Chao, Paul, Sinks, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: Steven Scharf,Mayor Date City of Cupertino ATTEST: 4 to /,I-( Grace Schmidt, City C erk Date 11/05/19 223 of 347 EXHIBIT A MATRIX TABLE FOR JUSTIFICATION AND FINDINGS FOR LOCAL AMENDMENTS MUNICIPAL TITLE ADDED DELETED AMENDED JUSTIFICATION CODE TO FROM FROM See below for SECTION CALIF. CALIF.CALIF. key) CODE CODE CODE 16.02.010 Municipal Code Sections were consolidated and renumbered to be more in line through with the corresponding section of the 2019 California Building Code. X 16.02.030 16.02.040 Reference changes were made to reference the 2019 California Building Code. X Language was added to be consistent with the 2019 California Building Code. Reference changes were made to reference the 2019 California Building Code. 16.02.050 Language was added to be consistent with the 2019 California Building Code. X Section 105.3.1 was inadvertently left out from last code cycle.Language for a Job Card to be posted on job site visible from the street was added. Reference changes were made to reference the 2019 California Building Code. Language was added to be consistent with the 2019 California Building Code.This 16.02.060 section for submittal documents was added from the Administrative sections of the X California Building Code and amended to reflect our electronic review process. Section 107.2.1 through 107.2.6 was removed because the language of the section now resides in the California Building Code,Volume 1. A 16.02.070 This section previously existed in the Municipal Code for inspection requirements. through Reference changes were made to reference the 2019 California Building Code. X 16. 02.100 Portions of Section 110 were removed from the ordinance because the language resides in the adopted model code. This section previously existed in the Municipal Code.Reference changes were 16.02.110 made to reference the 2019 California Building Code. Language was added for the X Board of Appeals to be appointed by the City Manager. Reference changes were made to reference the 2019 California Building Code.Some 16.02.120 language was removed since these requirements are already adopted from the X model code. These sections previously existed in the Municipal Code. Reference changes were 16.02.130 made to reference the 2019 California Building Code:Penalty language in Section X 115.3 for any person continuing to work after a stop work notice is issued was added from model code. 11/05/19 224 of 347 This section previously existed in the Municipal Code. A reference change is made 16.04.010 to reference the 2019 California Building Code.A more descriptive title change was X added to be more consistent with the rest of the ordinance. This section previously existed in the Municipal Code. This section modifies the 16.04.015 CBC by adopting specific appendix chapters in the code. Only a reference change is X made to reference the 2019 California Building Codes. Regulations for proper address identification already exist in the Municipal Code. E 16.04.020 The CBC,however,also has regulations regarding address identification. The XadoptionandrevisionstoSection501.2 referenced in the Municipal Code brings Cupertino more in line with the model code. 16. 04.040 These sections previously existed in the Municipal Code. A reference change is A 16. 04.060 made to reference the 2019 California Building Code.Language was added to be X consistent with the 2019 California Building Code. 16.04.080 This section previously existed in the Municipal Code. A reference change is made X to reference the 2019 California Building Code. C This proposed amendment to the CRC is made to be consistent with TUCC 16. 04.100 amendment that modifies the plain concrete provisions in CBC Section 1905.1.7 and X D ACI 318 Section 14.1.4. This amendment existed in the previous Municipal Code. Only a reference change is made to be consistent with the new section and table in the 2019 CRC Code. The amendment modifies California Building Code to restrict the use of gypsum wallboard (GB),structural fiberboard(SFB),hardboard panel siding(HPS),and particleboard sheathing(PBS)as braced wall panels and limit the use of portland cement plaster or stucco (PCP). 16.04.120 X The proposed amendment addresses the problem of poor performance of gypsum wallboard and Portland cement plaster as wall bracing materials in high seismic areas.This amendment reflects the recommendations by the Structural Engineers Association of Southern California(SEAOSC)and the Los Angeles City Joint Task B Force that investigated the poor performance of these bracing materials that were observed in 1994 Northridge earthquake. 16.04.140 This section previously existed in the Municipal Code. A reference change is made X to reference the 2019 California Building Code. This section previously existed in the Municipal Code. Only a reference change is 16.06.010 made to reference the 2019 California Residential Code. Language was added to be X consistent with the 2019 California Building Code. 11/05/19 225 of 347 This section previously existed in the Municipal Code. This section modifies the 16.06.015 CBC by adopting specific appendix chapters in the code. Only a reference change is X made to reference the 2019 California Residential Code. 16.06.020 Amendment to delete the exception#2 that removes the emergency escape and rescue openings from bedrooms in basements. Fire sprinkler systems have been required by policy for the rebuild of existing homes. Clarification of this requirement is added in this section. Also,based on new requirements per Government Code Section 65852.2 for Accessory Dwelling 16.06.040 Units,language has been added to waive Fire Sprinkler requirements for ADU's X when the primary residence is not equipped with one.The ordinance,however, does not exempt fire sprinkler requirements for ADU's where the additional building area exceeds a threshold amount or if Access or Water Supply requirements do not meet the requirements of the California Fire Code. This amendment existed in the previous Municipal Code. Only a reference change is made to be consistent with the new exception in the 2019 California Residential X16.06.060 Code.Language was added to be consistent with the 2019 California Residential Code. Deleted exceptions for accessory structures. This section previously existed in the Municipal Code. A reference change is made to reference the 2019 California Residential Code. There is no change to this section, however,the findings for this amendment,introduced in a previous code cycle,is 16.06.080 included here for reference.X D This proposed amendment to the CRC is made to be consistent with TUCC amendment that modifies the plain concrete provisions in CBC Section 1905.1.7 and ACI 318 Section 14.1.4. This amendment existed in the previous Municipal Code. Only a reference change is made to be consistent with the new section and table in the 2019 CRC Code. The amendment modifies California Residential Code to restrict the use of gypsum wallboard(GB), structural fiberboard(SFB),hardboard panel siding(HPS), particleboard sheathing(PBS), and continuously sheathed structural fiberboard CS-SFB) as braced wall panels and limit the use of portland cement plaster or 16.06.100 stucco (PCP). X C The proposed amendment addresses the problem of poor performance of gypsum wallboard and Portland cement plaster as wall bracing materials in high seismic areas.This amendment reflects the recommendations by the Structural Engineers Association of Southern California(SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance of these bracing materials that were 11/05/19 226 of 347 observed in 1994 Northridge earthquake. 16.06.120& This section previously existed in the Municipal Code. A reference change is made X A16.06.140 to reference the 2019 California Residential Code. These sections previously existed in the Municipal Code. Only a reference change 16.16.010& is made to reference the 2019 California Electrical Code. 16.16.020 X A Language from the previous code is revised to reflect when general building 16. 16.030 contractors are allowed to do electrical work.The municipal code is now consistent X with the requirements of the Business and Professions Code Section 7057(b). 16. 16.040 These sections previously existed in the Municipal Code with no change. through X 16. 16.060 16.20.010& This section previously existed in the Municipal Code. Only a reference change is X16. 20.015 made to reference the 2019 California Plumbing Code. 16.20.020 No change. X This section currently exists in the Municipal Code. This section is being omitted 16.20.080 based on Section 814 of the 2016 California Plumbing Code containing all listed X A requirements. 16.24.010 & This section previously existed in the Municipal Code. Only a reference change is X16.24.015 made to reference the 2019 California Mechanical Code. A 16.24.020 No change. X Chapter 16.40 is being repealed and replaced in its entirety. Municipal Code Chap 16.40 Sections were consolidated and renumbered to be more in line with the corresponding Chapters of the 2019 California Fire Code. E 16.40.010 Reword to be consistent with the adoption language for all other 2019 California Codes.A reference change is made to reference the 2019 California Fire Code and X the 2018 International Fire Code. 16.40.015 This section modifies the California Fire Code by adopting specific appendix chapters in the code. A reference change is made to reference the 2019 California X Fire Code. Appendix N is changed to Appendix O in the Fire Code. A reference change is made to reference the 2019 California Fire Code. Nominal 16.40.020 Inspection fees were updated to be more aligned with the current cost of service. X Language requiring an operational permit for collection or storage of Lithium Batteries is included. 16. 40.040 Two definitions were added to the Fire Code and a couple definitions were deleted XthatwereaddedtotheCaliforniaCode. 11/05/19 227 of 347 16. 40.060 The new Lithium Batteries requirements of Section 315.8 and Industrial additive X manufacturing equipment regulations of Section 321 were adopted. Exceptions are amended for fire apparatus access roads allowing the extension of 16.40.080 150 feet to the exterior of the building or facility.Requirements for emergency X responder radio coverage in new building from Section 510.1 were amended and adopted. Immersion Heater regulations already exists in our municipal code but new 16.40.100 regulations limiting locations for the storage and use of portable outdoor gas-fired X heating appliances were added. 16.40.120 Regulations already exists in municipal code. A reference change is made to X reference the 2019 California Fire Code. Automatic fire sprinkler system regulations already exists in the municipal code. 16.40.140 New code reference changes were made. Inspection,testing and maintenance X record re lations are newly codified in this section. Chapter 11 of the 2018 International Fire Code is deleted in its entirety. The 16.40.160 regulations of Chapter 11 of the 2019 California Fire Code are adopted to be X enforced. 16.40.180 Sections for Means of Egress and Wildland-Urban Interface Fire Area currently 16.40.200 exists in the municipal code.Reference changes were made to reference the 2019 X California Fire Code. Hazardous materials regulations Explosives and Fireworks regulations already exists in municipal code.Reference changes were made to reference the 2019 16.40.220 California Fire Code. On-Demand fueling stations requirements were taken out of through municipal code because they were adopted in the California Fire Code. X 16.40.340 Portions of Chapter 60 for Highly Toxic and Toxic Materials were taken out of the municipal code because the regulations were adopted in the California Fire Code. Reference changes were made to reference the 2019 California Fire Code. KEY TO JUSTIFICATIONS FOR AMENDMENTS TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS A This amendment is necessary for administrative clarification and does not modify a Building Standard pursuant to California Health and Safety Code Sections 17958. This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of Cupertino. B This proposed amendment for topographic and geographic conditions has been voted for approval by the local Tri-chapter Uniform Code Committee TUCC) and addresses the problem of poor performance of plain or under-reinforced concrete footings during a seismic event.This amendment reflects the recommendations by the Structural Engineers Association of Southern California(SEAOSC)and the Los Angeles City Joint Task Force that investigated the poor performance of plain and under-reinforced concrete footings observed in 1994 Northridge earthquake and based on the following: 11/05/19 228 of 347 1. The San Francisco Bay area is densely populated and located in an area of high seismic activity. Cupertino is bounded by the Hayward and San Andreas faults capable of producing major earthquakes. 2. Concern for fire-life safety associated with a structural failure due to a seismic event considering the increasing number of buildings in the region, the use of new structural systems,the poor performance of certain materials,and the quality of construction. 3. Severe seismic events could disrupt communications, damage gas mains,cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the Fire Department to meet the fire life-safety needs of the community. 4. The local geographic,topographic and climatic conditions pose an increase hazard in acceleration, spread,magnitude and severity of potential fires in the City of Cupertino, and may cause a delayed response from emergency responders,allowing further growth of the fire. C Considering topographic and geographic conditions,the results from studies after the 1994 Northridge earthquake indicated that a lot of the damages were attributed to lack of quality control during construction.The proposed amendment improves quality control during construction and therefore needs to be incorporated into the Code.Revise CBC Section 1705.3 exception No. 1 to allow special inspection not to be required for isolated spread footing where the structural design of the footing is based on a specified compressive strength,f'c,no greater than 2,500 psi.This proposed amendment is a continuation of an amendment adopted during the previous code adoption cycle. D ISSUE: Revise section 1905.1.7.American Concrete Institute(ACI)318 Section 14.1.4 that allows the use of plain concrete in residential structures assigned to Seismic Design Category C,D, E or F. RATIONALE: The proposed amendment addresses the problem of poor performance of plain or under-reinforced concrete footings during a seismic event.This amendment reflects the recommendations by the Structural Engineers Association of Southern California(SEAOSC)and the Los Angeles City Joint Task Force that investigated the poor performance of plain and under-reinforced concrete footings observed in 1994 Northridge earthquake. E Amendments to the 2019 California Fire Code are reasonably necessary for the protection of the public health,safety and welfare,due to the local climatic, geologic or topographical conditions specified as follows: The City of 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 structure fires.Additionally,the City of Cupertino is geographically situated adjacent to active earthquake faults capable of producing substantial seismic events. Since the City of Cupertino is divided by an active Union Pacific railway service line(freight),creeks,highways,and other substantial traffic corridors,the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged.In addition,fire suppression capabilities would be severely limited should the water system be extensively damaged during the seismic event. Therefore, mitigation measures are necessary such as: automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials and other safe guards in order to minimize the risks to citizens,firefighters and property due to the severity of the fire threat and potential response delays. 11/05/19 229 of 347 2019 California Building Code (CBC) Changes SUMMARY Most of the significant changes are modifications to existing requirements or additional requirements. Several of the modification omitted code language and referenced various standards. There were also clarifications to align the CBC with the CRC and ADA. SIGNIFICANT CHANGES NEW -CHANGE CBC SECTION/TABLE NUMBER COMMENTARY 1.10.1 1.10.5 OSHPD. OSHPD 1R has been added. Non-conforming hospital buildings that have been removed from acute care services. OSHPD. OSHPD 5 has been added. Acute psychiatric hospital building. 107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved. 11/05/19 230 of 347 Definitions Exterior Elevated Elements. Elevated balconies, decks, porches, stairways, landings, walkways, including their supports and railings, extending beyond exterior walls of a building or structure, with a walking surface, and designed for human occupancy or use. Greenhouse. A structure or thermally isolated area of a building that maintains a specialized sunlit environment used for an essential to the cultivation, production or maintenance of plants. Definitions Open-Air Assembly Seating. Seating served by means of egress that is not subject to smoke accumulation within or under a structure and is open to the atmosphere. Smoke-Protected Assembly Seating. Seating served by means of egress that is not subject to smoke accumulation within or under a structure for a specified design time by means of passive design or mechanical ventilation. Umbrella Structure. A structure, enclosure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by a central pol or poles. 302.1 Occupancy classification. Occupied roofs shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard. 303.4 Assembly Group A-3. Greenhouses for the conservation and exhibition of plants that provide public access. 309.1 Mercantile Group M. Greenhouses with public access that maintain plants for display and sale. 312.1.1 Greenhouses. Greenhouses not classified as another occupancy shall be classified as Group U 308.54 Six or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having six or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy. Where occupants are not capable of responding to an emergency situation without physical assistance from the staff shall be classified as a Group I-4. 310.3.2 Residential Group R-2.2 (CDCR Only) Residential occupancies operated by CDCR in a community located facility that provides housing and community-based program services for non-transient ambulatory participants in a non-licensed facility with 24/7 supervision. 310.3 & 310.4 Residential Group R-2 & Residential Group R-3. Congregate living facilities such as dormitories and similar transient uses with occupant load is 16 or more is R-2. Congregate living facilities such as dormitories and similar non-transient uses with occupant load is 16 or less is R-3. Congregate living facilities such as dormitories and similar transient uses with occupant load is 10 or less is R-3. 11/05/19 231 of 347 311.2 Moderate-hazard storage, Group S-1. Self-service storage (mini storage) 312.1 Utility and Miscellaneous Group U. Communication equipment structures with a gross floor area of less than 1,500 square feet. 403.2.1.1 Type of Construction. The following was changed. 2. In other than Group F-1, H-2, H-3, H-5, M, and S-1 occupancies, the fire- resistance rating of the building elements in Type IB construction shall be permitted to be reduced to the fire-resistance ratings in Type IIA. 403.4.8.4 Emergency power loads. The following has been added. 7. Power and lighting for the fire command center required by Section 403.4.6 405.8.2 Emergency power loads. Fire pumps has been added to the list. 404.6 Enclosure of Atriums. The following has been added as an exception. 4. A fire barrier is not required between the atrium and the adjoining spaces where atrium is not required to be provided with a smoke control system. 406.6.2 Ventilation. The following code has been changed from an exception under Enclosed parking garages into its own section for clarification. A mechanical ventilation system and exhaust system shall be provided in accordance with Chapters 4 and 5 of the CMC 407.2.6 Nursing home cooking facilities. The following numbers have been added to the criteria of this section. 5. The space containing the domestic cooking facility shall be arranged so as not to obstruct access to the required exit. 7. Cooktops and ranges shall be protected in accordance with Section 904.13 8. A shut off for the fuel and electrical power supply to the cooking equipment shall be provided in a location that is accessible only to the staff. 9. A timer shall be provided that automatically deactivates the cooking appliance within a period of not more than 120 minutes. 10.A portable fire extinguisher shall be provided. Installation shall be located within a 30-foot distance of travel from each domestic cooking appliance. 407.4.2.1 Two means of egress. Any sleeping room of more than 1,000 square feet shall have no fewer than two exit access doors from the sleeping room located in accordance with section 1007.1. any rom, other than sleeping rooms, with an area of more than 2,500 square feet shall have no fewer than two exit access doors from the room located in accordance with 1007.1 419.1 Live/Work Units. General. The following exception has been added. Exception: Live/work units complying with the requirements of section 419 shall be permitted to be constructed as one- and two-family dwellings or townhouses in accordance with the California Residential Code as applicable. 419.3 Means of egress. The following exception has been added to this section. Exception: Residential areas of live/work units constructed in accordance with the CRC shall not be required to comply with chapter 10. 11/05/19 232 of 347 419.6 Structural. The following exception has been added to this section. Exception: Residential areas of live/work units constructed in accordance with the CRC shall not be required to comply with chapter 10. 420.9 Group R cooking facilities. In Group R occupancies, cooking appliances used for domestic cooking operations shall be in accordance with Section 917.2 of the CMC 420.10 420.10.1 420.10.2 Group R-2 dormitory cooking facilities. Domestic cooking appliances for use by residents of Group R-2 college dormitories shall be in accordance with Section 420.10.1 and 420.10.2 Cooking appliances. Where located in Group R-2 college dormitories, domestic cooking appliances for use by residents shall be in compliance with all the items listed in this section. Cooking appliances in sleeping rooms. Cooktops, ranges and ovens shall not be installed nor used in sleeping rooms. 420.13 Electric Vehicle (EV) charging for new construction. Group R-1 has been added. 423.4.1 & 423.4.2 Required occupant capacity. This section lists the requirements for the occupant capacity of a storm shelter and the location with the maximum distance of travel from one exterior door to the next. 427 Medical Gas Systems. Medical gases at health care related facilities intended for patient or veterinary care shall comply with sections 427.2 through 427.2.3 in addition to requirements of Chapter 53 of the California Fire Code. 503.1.4 Occupied roofs. A roof level or portion thereof shall be permitted to be used as an occupied roof provided the occupancy of the roof is an occupancy that is permitted by table 504.4 for the story immediately below the roof. The area of the occupied roof shall not be included in the building area as regulated by section 506. Two exceptions provided. 503.1.4.1 Enclosures over occupied roof areas. Elements or structures enclosing the occupied roof areas shall not extend more than 48 inches above the surface of the occupied roof. Tables 504.3, 504.4, 506.2 Footnote. h. New Group R occupancies are required to be protected by an automatic sprinkler system in accordance with Section 903.2.8. Accessory dwelling units as defined in Government Code Section 65852.2(i)(4) are not required to have fire sprinklers if they are not required for the primary residence. 11/05/19 233 of 347 505.2.1 Area limitation. One exception has been added. Exception 3. The aggregate area of a mezzanine within a dwelling unit that is located in a building equipped throughout with an approved automatic sprinkler system in accordance with section 903.3.1.1 or 903.3.1.2 shall not be greater than one-half of the floor area of the room, provided: 3.1. Except for enclosed closets and bathrooms, the mezzanine shall be open to the room in which such mezzanine is located. 3.2. The opening to the room shall be unobstructed except for walls not more than 42 inches in height, columns and posts; and 3.3. Exceptions to Section 505.2.3 shall not be permitted. 505.2.1.1 Aggregate area of mezzanines and equipment platforms. Where a room contains both a mezzanine and an equipment platform, the aggregate area of the two raised floor levels shall be not greater than two-thirds of the floor area of that room or space in which they are located. The area of the mezzanine shall not exceed the area determined according to section 505.2.1 507.3 Sprinklered, one-story buildings. The following exception has been added. 2.3 The sprinkler omission permitted for indoor participant sport areas of Group A-4 buildings is now not applicable to storage rooms, press boxes, concession areas and other ancillary spaces. 508.4.1 Occupancy classification. The most restrictive provisions of Chapter 9 that apply to the separate occupancies shall apply to the total non-fire- barrier separated occupancy areas. Occupancy separations that serve to define fire area limits established in Chapter 9 fore requiring a fire protection system shall also comply with Section 901.7 510.2 Horizontal building separation allowance. The following has been added to the first condition. Where vertical offsets are provided as part of a horizontal assembly, the vertical offset and the structure supporting the vertical offset shall have a fire-resistance rating of not less than 3- hours. Table 601 Footnote b. All portions of the roof construction, including primary structural frame members such as girders and beams, are now exempted from fire- resistance requirements where every portion of the roof construction is at least 20 feet above any floor below. 602.3 & 602.4 Type III. Type III construction is that type of construction in which the exterior … fire-retardant- treated wood framing and sheathing complying with Section 2303.2 shall be permitted within exterior wall assemblies of a 2hour rating or less. Type IV. Fire-retardant-treated wood framing and sheathing…shall be permitted within exterior wall assemblies not less than 6 inches in thickness with a 2-hour rating or less. 11/05/19 234 of 347 Table 602 Footnote. h. For a building containing only a Group U occupancy private garage or carport, the exterior wall shall not be required to have a fire resistance rating where the fire separation distance is 5 feet or greater or when equipped with an automatic sprinkler system in accordance with Section 903.3 the fire- resistance shall not e required where the fire separation distance is 3 feet or greater. i. For a Group R-3 building of Type II-B or Type V-B construction, the exterior wall shall not be required to have a fire- resistance rating where the fire separation distance is 5 feet or greater or when equipped with an automatic sprinkler system in accordance with section 903.3 the fire-resistance shall not be required where the fire separation distance is 3 feet or greater. 603.1 Allowable materials. Combustible materials shall be permitted in buildings of Type I or II construction in the following applications and in accordance with Sections 603.1.1 through 603.1.3. 1. Fire-retardant-treated wood shall be permitted in: 1.4. Balconies, porches, decks and exterior stairways not used as required exits on buildings three stories or less above grade plane. 704.4.1 Light-frame construction. Studs, columns, and boundary elements that are integral elements in loadbearing walls of light-frame construction and are located entirely between the top and bottom plates or tracks shall be permitted to have required fire-resistance ratings provided by the membrane protection provided for the load-bearing wall. 704.6.1 Secondary attachments to structural members. Where primary and secondary structural steel members require fire protection, secondary steel attachments to those structural members shall be protected with the same fire resistive material and thickness as required for the structural member. Table 705.2 Minimum distance of projection. This table has been updated for fire separation distance. 705.2.3.2 Vents. Vents required by section 2304.12.2.6 in fire-rated exterior balconies or elevated walkway surfaces shall be designed where the voids created at the intersection of the exterior curtain wall and the balcony floor are sealed with an approved material or system to retard the interior spread of flame, hot gases and products of combustion. Rated assemblies shall comply with section 715. 706.1.1 Party walls. The following exception has been added. Fire walls are not required on lot lines dividing a building for ownership purposes where the aggregate height and area of the portions of the building located on both sides of the lot line do not exceed the maximum height and area requirements of this code. For the code official’s review and approval, he or she shall be provided with copies of dedicated access easements and contractual agreements that permit the owners of portions of the building located on either si de of the lot line access to the other side for purposes of maintaining fire and life safety systems necessary for the operation of the building. 11/05/19 235 of 347 706.2 Structural stability. The following exception has been added. Exception: In Seismic Design Categories D through F, where double fire walls are used in accordance with NFPA 221, floor and roof sheathing not exceeding ¾ inch thickness shall be permitted to be continuous through the wall assemblies of light frame construction. 713.8.1 Prohibited penetrations. The following exception has been added to this section. Exception. Membrane penetrations shall be permitted on the outside of shaft enclosures. Such penetrations shall be protected in accordance with Section 714.4.2 714.5.2 Membrane penetrations. The following exception has been added to this section. Exception. 8. Ceiling membrane penetrations by listed luminaires (light fixtures) or by luminaires protected with listed materials, which have been tested for use in fire resistance-rated assemblies and are installed in accordance with the instructions included in the listing. 707A.3 Exterior walls. Heavy timber is now, “sawn lumber” 708A.2.22 Operable Skylights. Operable skylights shall be protected a non- combustible mesh screen where the dimensions of the openings in the screen shall not exceed 1/8 inch. 708A.4 Garage door perimeter gap weather stripping. Exterior garage doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the bottom, sides and tops of doors, from exceeding 1/8 inch. Gaps between doors and door openings shall be controlled by one of the methods listed in this section. 803.11 Laminated products factory produced with a wood substrate. Laminated products factory produced with a wood substrate shall comply with one of the two criteria listed in this section. 803.12 Facing or wood veneers intended to be applied on site over a wood substrate. Facing or veneers intended to be applied on site over a wood substrate shall comply with one of the two criteria listed in this section. 806.3 Occupancy-based requirements. Occupancy-based requirements for combustible decorative materials, other than decorative vegetation, not complying with section 806.4 shall comply with section 807.5.1 through 807.5.6 of the California Fire Code. 902.1.1 Access. Automatic sprinkler system risers, fire pumps and controllers shall be provided with ready access. Where located in a fire pump room or automatic sprinkler system riser rom, the door shall be permitted to be locked provided that the key is available at all times. 902.1.2 Marking on access doors. Access doors for automatic sprinkler system riser rooms and fire pump rooms shall be labeled with an approved sign. The lettering shall be in contrasting color to the background. Letters shall have a minimum height of 2 inches. 11/05/19 236 of 347 902.1.3 Environment. Automatic sprinkler system riser rooms and fire pump rooms shall be maintained at a temperature of no less than 40 degrees Fahrenheit. Heating units shall be permanently installed. 902.1.4 Lighting. Permanently installed artificial illumination shall be provided in the automatic sprinkler system riser rooms and fire pump rooms. 902.1.5.1 Spaces under grandstands or bleachers. Enclosed spaces under grandstands or bleachers shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 where one of the two criteria listed applies. 903.2.3 Group E. Number 3 has been added to this section. 3. The Group E fire area has an occupant load of 300 or more. 903.3.1.2.3 Attics. Attic protection shall be provided as follows: 1. Attics that are used or intended for living purposes or storage shall be protected by automatic sprinklers. 2. Where fuel-fired equipment is installed in an un sprinklered attic, not fewer than one quick response intermediate temperature sprinkler shall be installed above the equipment. 3. In Type III, IV, and V when the roof is over 55 feet above the lowest level of required fire department vehicle access provide one of the criteria listed in 3.1 through 3.4 4. Group R-4, condition 2 occupancy attics not required by Item 1 to have sprinklers shall comply with one of the criteria listed in 4.1 through 4.5 905.11 Locking standpipe outlet caps. The fire code official is authorized to require locking caps on the outlets on dry standpipes where the responding fire department carries key wrenches for the removal that are compatible with locking FDC connection caps. 909.5.3.1 Group I-2, I-2.1, R-2.1, and ambulatory care facilities. The following has been added to this section. In Group I-2, where swinging doors are installed across a corridor, such doors shall be opposite swinging pairs. 917.1 College and university campuses. Prior to construction of a new building requiring a fire alarm system on a multiple-building college or university campus having a cumulative building occupant load of 1,000 or more, a mass notification risk analysis shall be conducted in accordance with NFPA 72. Where the risk analysis determines a need for mass notification, an approved mass notification system shall be provided in accordance with the findings of the risk analysis. 1004.3 Multiple function occupant load. Where an area under consideration contains multiple functions having different occupant load factors, the design occupant load for such areas shall be based on the floor area of each function calculated independently. Table 1004.1.2 Maximum floor area allowances per occupant. Business areas occupant load factor is now 150 gross, see section 1004.8. 11/05/19 237 of 347 1004.6 Concentrated business use areas. The occupant load factor for concentrated business use shall be applied to telephone call centers, trading floors, electronic data processing centers and similar business use areas with a higher density of occupants than would normally be expected in a typical business occupancy environment. where approved by the code official, the occupant load for concentrated business use shall be the actual occupant load, but not less than one occupant per 50 square foot gross of occupiable floor space. 1006.2.1 Egress based on occupant load and common path of egress travel distance. The following exceptions have been added. 1. The number of exits from foyers, lobbies, vestibules or similar spaces need not be based on cumulative occupant loads for areas discharging through such spaces, but the capacity of the exits from such spaces shall be based on applicable cumulative occupant loads. 2. Room and care suites in Group I-2 and I-2.1 occupancies complying with Section 407.4 1006.3 Egress from stories or occupied roofs. The following has been added to this section for clarification. Where stairways serve more that one story, only the occupant load of each story considered individually shall be used in calculating the required number of exits or access to exits serving that story. 1106.3.1 1006.3.1 Adjacent story. The path of egress travel to an exit shall not pass through more than one adjacent story. Exception: The path of egress travel to an exit shall be permitted to pass through more than one adjacent story in any of the following: 1. In Group R-1, R-2 or R-3… exit access stairways ..connecting four stories or less serving and contained within an individual dwelling unit or sleeping unit or live/work unit. 2. Exit access stairways serving and contained within Group R-3 Group R-4 facility. 3. Exit access stairways …open parking garages that serve only the parking garage. 4. Exit access stairways and ramps serving open-air assembly seating complying with the exit access travel distance requirements of Section 1029.7. 5. Exit access stairways and ramps between the balcony, gallery 1008.2.3 Exit discharge. Illumination shall be provided along the path of travel for the exit discharge from each exit to the public way. The following exception has been added. Exception: Illumination shall not be required where the path of the exit discharge meets both of the following requirements. 1. The path of exit discharge is illuminated from the exit to a safe dispersal area complying with section 1028.5 2. A dispersal area shall be illuminated to a level not less than 1 foot- candle (11 lux) at the walking surface. 1009.3 1009.3.1 1009.3.2 1009.3.3 Stairways. The following sections have been broken up into their own code for clarification. Exit access stairways Stairway width. Area of refuge. 11/05/19 238 of 347 1010.1.4.4 Locking arrangements in educational occupancies. In Group E & B educational occupancies, doors shall be lockable from within to keep intruders out. All the following conditions shall apply: 1. The door shall be unlockable and openable from within. 2. The door shall be operable from outside by the use of a key or other approved means. 3. Modification shall not affect panic hardware, door fire rating, etc. 1010.1.9.8 Delayed egress. The following exception has been changed for clarification. Exception: Delayed egress locking systems shall be permitted to be installed on exit or exit access doors, other than the main exit or exit access door, serving a Group A courtroom in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and approved automatic smoke or heat detection system installed in accordance with Section 907. 1010.1.9.10 Door hardware release of electrically locked egress doors. Door hardware release of electric locking systems shall be permitted on doors in the means of egress in any occupancy except Group H where installed and operated in accordance with items 1-6 listed in this section. 1010.3.2 Security access turnstiles. Security access turnstiles that inhibit travel in the direction of egress utilizing a physical barrier shall be permitted to be considered as a component of the means of egress, provided that all of the criteria listed int his section are met. 1023.3.1 Extension. The following exception has been added 3. Separation between an interior exit stairway and the exit passageway extension shall not be required when the interior exit stair and the exit passageway extension are pressurized in accordance with Section 909.20.5. 1027.6 Exterior exit stairway and ramp protection. The following exception has been added. 4. In Group R-3 occupancies not more than four stories in height, exterior exit stairways and ramps serving individual dwelling units are not required to be separated from the interior of the building where the exterior exit stairway or ramp discharges directly to grade. 11/05/19 239 of 347 1030.1 Emergency escape and rescue. General. This section has been updated and exceptions have been added. Exceptions: 2. Group R-2.1 Occupancies, meeting the requirements for delayed egress in accordance with Section 1010.1.9.8 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position. 6. Within R-2 and R -3, …with NFPA 13, 13R, 13D, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 6.1. One means of egress and one emergency escape and rescue opening 6.2. Two means of egress. 6.3. In R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code. 11B-206.2.19 Pedestrian street crossing. Where walks or sidewalks are provided, a curb ramp, blended transition or a combination of curb ramps and blended transitions complying with Section 11B-406 shall connect the walks or sidewalks at each pedestrian street crossing. The curb ramp (excluding any flared sides) or blended transition shall be contained wholly within the width of the pedestrian street crossing served. Exception: Compliance with section 11B-206.2.19 shall not be required where pedestrian crossing is prohibited by the appropriate administrative authority. 11B-608.5.1 & Figure 11B- 608.5.1 Transfer type shower compartments. In transfer type shower compartments, the controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches minimum and 48 inches maximum above the shower floor and shall be located on the control wall 15 inches maximum from the center line of the seat toward the shower opening. Transfer type shower compartment control location. A figure has been added as well 11B-608.7 Thresholds. The following exception has been added to this section. Exception. A threshold 2 inches high maximum shall be permitted in transfer type shower compartments in existing facilities where provisions of a ½ inch high threshold would disturb the structural reinforcement of the floor slab. 11B-813 Adult changing facilities. This entire section is new to Chapter 11B. This is to provide the technical provisions for adult changing facilities. 11B-813 through 11B813.2.11 1507.1.1 Underlayment. 4 exceptions have been added to this section. Table 1507.1.1(1) (2) & (3) Underlayment Types, Underlayment Application, Underlayment Attachment. All three tables have been added. 11/05/19 240 of 347 1507.18 Building- integrated photovoltaic panels (BIPV) This entire section has been added. 1507.18.1 Deck requirements: solid deck 1507.18.2 Deck slope: 2:12 or greater 1507.18.3 Underlayment 1507.18.5 Material standards: UL 1703 1507.18.6 Attachment: per manuf. installation 1604.3.7 Framing supporting glass. This section has been added to 1604.3. Limits to the deflection of framing which supports glazing has been added to Section 1604.3. •1/175 of the length of span of the framing member < 13’-6” •1/240 of the length of span +1/4” of the framing member > 13’-6” Table 1607.1 Minimum uniformly distributed live loads and minimum concentrated live loads. The table has updated Balconies and Decks uniform LL to be 1.5 times LL for area served, not to exceed 100. 1607.15.2 Fire walls. In order to meet the structural stability requirements of Section 706.2 where the structure on either side of the wall has collapsed, firewalls and their support shall be designed to withstand a minimum horizontal allowable stress load of 5 psf. 1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures where one or more of the following conditions exist. 1. The structure is classified as Risk Category IV. 2. The structure is a high-rise building. 3. Such observation is required by the registered design professional responsible for the structural design. 4. Such observation is specifically required by the building official. 1705.5.2 Metal-plate connected wood trusses. The following language has been added to this section. Five-foot or taller wood trusses requiring permanent bracing now require a periodic special inspection to verify that the required bracing has been installed. 1811 Prestressed Rock and Soil Foundation Anchors [OSHPD 1R, 2, & 5] This entire section has been added. 1812 Earth Retaining Shoring [OSHPD 1R, 2, & 5] This entire section has been added. 1813 Vibro Stone Columns for Ground Improvement. [OSHPD 1R, 2, & 5] This entire section has been added. 2104.2 Grouted masonry [OSHPD 1R, 2 & 5] This entire section has been added. It provides general conditions, and guidelines. 2104.3 Aluminum equipment [OSHPD 1 R, 2 & 5] Grout shall not be handled nor pumped utilizing aluminum equipment unless it can be demonstrated with the materials and equipment to be used that there will be no delirious effect on the strength of the grout. 11/05/19 241 of 347 2105 Quality Assurance. Many sub sections have been added under this section. 2105.2 Compressive strength, f ’m. [OSHPD 1R, 2 & 5] 2105.3 Mortar and grout tests. [OSHPD 1R, 2 & 5] 2105.4 Masonry core testing. [OSHPD 1R, 2 & 5] 2105.5 Masonry prism method testing. [OSHPD 1R, 2 & 5] 2105.6 Unit strength method testing. [OSHPD 1R, 2 & 5] 2211.1.1.2 Seismic Design Categories D through F. In cold formed steel light frame construction assigned to Seismic Design Category D, E, or F, the seismic force-resisting system shall be designed and detailed in accordance with AISI S400. Table 2304.11 Minimum Dimensions of Heavy Timber Structural Members. This table has been updated. 2603.7 Foam plastic insulation in plenums as interior finish or interior trim. Where exposed to the airflow in plenums, foam plastic insulation in plenums used as interior wall or ceiling finish, or interior trim, shall exhibit a flame spread index of 25 (down from 75) or less, and a smoke-developed index of 50 or less (down from 450). 2701.1.2 Fuel-line piping protection. Fuel lines supplying a generator set inside a building shall be separated from areas of the building - By an assembly that has a fire-resistance rating of not less than 2 hours. - By an assembly that has a fire-resistance rating of not less than 1 hours, if protected by NFPA 13. 11/05/19 242 of 347 2019 California Residential Code (CRC) Changes SUMMARY The following checklist includes the relevant changes in the 2019 CRC from the previous 2016 CRC. SIGNIFICANT CHANGES NEW - CHANGE CRC SECTION/TABLE NUMBER COMMENTARY 1.1.3.1 Classification. Note. Live/work units complying with the requirements of CBC section 419 shall be classified as group R-2 occupancy and are permitted to be constructed as one-and two-family dwellings or townhouses. R101.2 Scope. Three exceptions involving care facilities have been added. R106.1.5 Exterior Balconies and Elevated Walking Surfaces. Balconies or other elevated walking surfaces exposed to water from direct or blowing rain, snow or irrigation shall include details for all elements of the impervious moisture barrier system. R109.1.5.3 Weather-Exposed Balcony and Walking Surface Waterproofing. A balcony or elevated walking surface exposed to water from direct or blowing rain, snow or irrigation shall not be concealed until inspected and approved 11/05/19 243 of 347 R202 Definitions added. Access (to). Approved Source. Building-Integrated Photovoltaic Roof Panel (BIPV Roof Panel) Carbon Monoxide Alarm. Change of Occupancy. Collapsible Soils. Compressible Soil. Crawl Space Expansive Soils. Impact Protective System. Live/Work Unit. Ready Access (to). Roof Coating. Solar Energy System. Solar Thermal Collector. Solar Thermal System. Vapor Diffusion Port. R301.2.2.1.1 Alternate Determination of Seismic Design Category. If soil conditions are determined by the building official to be Site Class A, B, or D, the seismic design category and short-period design spectral response accelerations for a site shall be allowed to be determined in accordance with figure R301.2(3) or Section 1613.2 of CBC Table R301.2(1) Climatic and Geographic Design Criteria. Manual J Design Criteria has been added. R301.2.2.4 Masonry Construction. In Seismic Design Categories D0, and D1, shall comply with the requirements of Section R606.12.1. Seismic Design Category D2 shall comply with the requirements of Section R606.12.4 R302.2.1 Double Walls. Each townhouse shall now be separated by two 1-hour fire-resistance- rated wall assemblies. Table 302.1(1) Exterior Walls. The minimum distance has been updated to 0, for fire- resistance rated walls. Table R302.1(2) Exterior walls-Dwelling and ADU’s with Automatic Fire Sprinkler Protection. The walls and Projections minimum fire-resistance rating in the table has been updated. R302.4.2 Membrane Penetrations. Exception 4 has been added for ceiling membrane penetrations. R302.5.1 Opening Protection. For the 20-minute fire rated door it shall be equipped with self-closing or automatic -closing and self -latching device. R302.7 Under-Stair Protection. “Enclosed space under stairs that is accessed by a door or access panel” has been added for clarification for under stair protection. 11/05/19 244 of 347 R308.4.4.1 Structural Glass Baluster Panels. Guards with structural glass baluster panels shall be installed with an attached top rail or handrail. The rail shall be supported by no less than three glass baluster panels or supported to remain in place should one glass baluster panel fail. Exception. Top rail is not required where glass baluster panels are laminated glass with two or more plies of equal thickness R310.1 Emergency Escape and Rescue Opening Required. Exception has been added. Where the dwelling or townhouse is equipped with an automatic sprinkler system, sleeping rooms in basements shall not be required to have emergency escape and rescue openings. R310.3.2R310.3.2.2 Area Wells. Area wells shall have a width of no less than 36 inches. The area well shall be sized to allow the emergency escape and rescue door to be fully opened. R310.7.3 Vertical Rise. A flight of stairs shall not have a vertical rise larger than 151 inches between floor levels or landings. R311.7.8.2 Handrail Projection. Handrails shall not project more than 4 ½ inches on either side of the stairway. Exception. Where nosing of landings, floors r passing flights project into the stairway reducing the clearance at passing handrails, handrails shall project not more than 6 ½ inches into the stairway, provided the stair width and handrail clearance are not reduced to less than required. R311.7.11 Alternating Tread Devices. Exception has been added. Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross square feet or less where such devices do not provide exclusive access to a kitchen or bathroom. R311.7.12 Ships ladders. Exception has been added. Ship ladders are allowed as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross square feet or less that does not provide exclusive access to a kitchen or bathroom. R315.2.2 Alterations, Repairs and Additions. Exceptions have been added. R315.5 Interconnectivity. Physical interconnection of alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. R316.2.1 Labeling of Polystyrene Foam Insulation Without Flame Retardants. In addition of requirements of 2603.2 of the CBC, polystyrene foam insulation boards manufactured with no flame retardants added shall be labeled in accordance with this section. R316.3 Surface Burning Characteristics. Exception added. Polystyrene foam insulation boards with a maximum thickness of 2 inches where installed below a minimum 3.5-inch-thick concrete slab on grade. 11/05/19 245 of 347 R317.1 Location Required. Location number 6 has the following addition. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture permeable floor topping. R317.1.6 Ventilation Required Beneath Balcony or Elevated Walking Surfaces. Enclosed framing in exterior balconies and elevated walking surfaces that are exposed to rain, slow or drainage from irrigation shall be provided with openings that provide a net-free cross-ventilation area not less than 1/150 of the area of each separate space. R322.3.4 Concrete Slabs. Concrete slabs used for parking, floors of enclosures, landings, decks, walkways, patios and similar that are located beneath structures, or slabs that are located such that if undermined or displaced during base flood conditions could cause structural damage to the building foundation, shall be designed and constructed in accordance with this section. R322.3.7 Stairways and Ramps. Criteria for stairway and ramps provided in this section. R322.3.8 Decks and Porches. Attached decks and porches shall meet the elevation requirements and shall either meet the foundation requirements of this section or shall be cantilevered from the knee braced to the building structure. R324.4.1.1 Roof Load. Portions of roof structures not covered with PV panel systems shall be designed for dead loads and roof loads in accordance with Section R301.4 and R301.6. Portions of roof structures covered with pv panel systems shall be designed for the cases listed in this section. R324.4.2 Fire Classification. Rooftop-mounted pv panel systems shall have the same fire classification as roof assembly required in R902. R324.4.3 Roof Penetrations. Roof penetrations shall be flashed and sealed in accordance with Chapter 9. R324.6- R324.6.2.2 Roof Access and Pathways. Location of the panels on the roof has been updated for pathways, setback and emergency escape and rescues. R325.3 Area Limitation. Exceptions have been added. The aggregate area within a dwelling unit equipped with a fire sprinkler system shall not be greater than one-half of the floor area of the room, provided that the mezzanine meets the requirements listed. R325.6 Habitable Attic. A habitable attic shall not be considered a story where complying with the four requirements listed in this section. 11/05/19 246 of 347 R327 R327.2 R327.3 R327.4 R327.5 R327.6 Stationary Storage Battery Systems. Stationary storage battery systems shall comply with the provisions in this section. Equipment Listings. Stationary storage battery systems shall be listed and labeled for residential use in accordance with UL 9540. Installation. Stationary battery systems shall be installed in accordance with the manufacturer’s instructions and their listing. They shall not be installed within habitable space. Electrical Installation. Stationary storage battery systems shall be installed in accordance with the CEC Inverters shall be listed and labeled in accordance with UL 01741 or provided as part of the UL 9540 listing. Ventilation. Indoor installations that produce hydrogen or other flammable gases, shall be provided with ventilation in accordance with CMC Protection from Impact. Systems that are installed in a location subject to vehicle damage shall be protect by approved barriers. R337.8.4 Garage Door Perimeter Gap. Exterior garage doors shall resist the intrusion of embers from entering by preventing gaps between doors and openings at the bottom, sides and tops of doors, from exceeding 1/8 inch. Gaps between doors and door openings shall be controlled by the methods listed in this section. R408.3 Unvented Crawl Space. Number 2.4 has been added. Dehumidification sized to provide 70 pints of moisture removal per day for every 1,000 square feet of crawl space floor area. R505.2.6.2 Web Hole Reinforcing. Part of this code has been reworded for clarification. The settle reinforcing shall not be thinner than the thickness of the receiving member and shall extend not less than 1 inch beyond all edges of the hole. R507 Decks. Sections have been moved and added for clarification in this section. Materials used for decks shall comply with this section. Details are now provided for materials and engineered wood products, Fasteners and Connectors, Flashing, Footings with minimum size and depth, and Deck beams. Table R507.2.3 Fastener and Connectors Specifications for Decks. New table with footnotes. Figure R507.7.1 Deck Beam to Deck Post. This figure has been separated into two figures and updated to show Beam over Post Cap and Beam over Post. Figure R507.5.1(2) Notched Post-to Beam-Connection. This figure was part of Deck Beam to Deck Post. It now provides more examples. Figure R507.6 Typical Deck Joist Spans. This figure has been updated to provide more examples. There are images for Cantilevered Joists with Dropped Beam, Joists with Flush Beam, Joists on Free-Standing Deck with Dropped Beam, and joists on Free-Standing Deck with Flush Beam. 11/05/19 247 of 347 Figure R507.5 Deck Joist Spans for Common Lumber. This table has been updated. R602.11 Structural Insulated Panels. Structural insulated panels shall be manufactured and identified in accordance with ANSI/APA PRS 610.1 Table R602.3(1) Fastening Schedule. This table has been updated. Table 602.3(6) Alternate Wood Bearing Wall Stud Size, Height and Spacing. New Table provided with 11 foot and 12-foot stud heights. Table 602.7 Girder Spans and header Spans for Bearing Walls. The two tables have been updated and now provide images in girders and headers supporting column. Table R602.10.3(1) Bracing Requirements Based on Wind Speed. Foot note, c has been updated. Where three or more parallel braced wall lines are present and the distance between adjacent braced wall lines are different, the average dimension shall be permitted to be used for braced wall line spacing. Table R602.10.3(1) Wind Adjustment Factors to the Required Length of Wall Bracing. Item number 8 has been added for Horizontal Blocking. Foot note, d has also been added. The same adjustment factor shall be applied to all braced wall lines on all floors of the structure, based on the worst - case exposure category. Table R602.10.3(4) Seismic Adjustment Factors to the Required Length of Wall Bracing. Item numbers 8 and 10 have been added for Walls with stone or masonry veneer, detached one- and two-family dwellings in SDC D0- D2df, and Horizontal Blocking. Table R602.10.4 Bracing Methods. This table has been updated. Table R602.10.5 Minimum Length of Braced Wall Panels. Table has been updated. Table R603.3.1.1(1) Gable End wall to Floor Connection Requirements. Table has been updated with new Exposure Category numbers. Table R603.3.1.1(2) Gable End wall Bottom Track to Foundation Connection Requirements. Table has been updated with new Exposure Category numbers. Table R603.3.2 (2)- (16) 24-Foot-Wide Building Supporting Roof and Ceiling only. Table has been updated with new Exposure Category numbers. Table R603.8 Head and Sill Track Span. Table has been updated with new Exposure Category numbers. R603.9.4.1 Ultimate design wind speeds greater than 130mph. Where ultimate design wind speed exceeds 130 miles per hour, Exposure Category C walls shall be provided. 11/05/19 248 of 347 Table R603.9.2(1) Minimum Percentage of Full-Height Structural Sheathing on Exterior Walls. Table has been updated with new Exposure Category numbers. R609.2 Performance. For exterior windows and doors tested in accordance with Sections R609.3 and R609.5, required design wind pressures determined from ASCE 7 using the ultimate strength design (USD) are permitted to be multiplied by 0.6 R609.6.2 Impact protective systems- testing and labeling. Requirements for Impact protective system testing and labeling are provided in this new section. Figure R610.5 (1) Figure R610.5.2 All of the figures have been updated with new details. Figure R610.8 Typical Sip Wall Panel-to Panel connection Details. Figure has been updated. Continuous sealant has been added to detail. Table R702.1(3) Cement Plaster Proportions, Part by Volume. Hydraulic Cement Type GU, HE, MS, HS or MH has been added to materials in table R702.3.1.1 Adhesives. This code has been added under Materials for Gypsum Board and Gypsum panel products. Expandable foam adhesives for the installation of gypsum board and gypsum panel products shall conform to ASTM C6464. Other adhesives for the installation of gypsum board and gypsum panel products shall conform to ASTM C557. Supports and fasteners used to attach gypsum board and gypsum panel products shall comply with Table R702.3.5 or other approved method. R703.3.1 Soffit Installation. Soffits shall comply with Section R703.3.1.1, Section R703.3.1.2 or the manufacturer’s installation instructions. R703.3.1.1 Wood Structural Panel Soffit. The minimum nominal thickness for wood structural panel soffits shall be 3/8 inch and shall be fastened to framing or nailing strips with 2 inch by 0.099-inch nails. Fasteners shall be in spaced not less than 6 inches on center at panel edges and 12 inches on center at intermediate supports., R703.3.1.2 Vinyl Soffit Panels. Soffit panels shall be fastened at fascia and wall needs and to intermediate nailing strips as necessary to ensure that there is no unsupported span greater than 16 inches or as specified by the manufacturer’s instructions. R703.7.1 Lath. The following exception has been added. Lath is not required over masonry, cast -in-place concrete, precast concrete or stone substrates prepared in accordance with ASTM C1063. 11/05/19 249 of 347 R703.7.2 Plaster. The following has been added to this code. Plastering with cement plaster shall be in accordance with ASTM C926. Cement materials shall be accordance with one of the following: 1. Masonry cement conforming to ASTM C91 Type M, S or N 2. Portland cement conforming to ASTM C150 Type I, II, or III 3. Blended hydraulic cement conforming to AASTM C595 Type IP, IS, IL, or IT 4. Hydraulic cement conforming to ASTM C1157 Type GU, HE, MS, HS, or MH 5. Plastic (stucco) cement conforming to ASTM C1328. R703.11.2 Installation Over Foam Plastic Sheathing. Where Vinyl siding or insulated vinyl siding is installed over foam plastic sheathing, the vinyl siding shall comply with R703.11 and shall have a design wind pressure resistance in accordance with Table R703.11.2. Exceptions 2 and 3 have been added to this section. R802.1.5.4 Labeling. In addition to the labels required by Section 802.1.1 for sawn lumber and Section 803.2.1 for wood structural panels, each piece of fire-retardant treated lumber and wood structural panel shall be labeled. R802.1.8 Prefabricated wood I-Joists. The following has been added to Chapter 8. Structural capacities and design provisions for prefabricated wood I- joists shall be established and monitored in accordance with ASTM D5055. R802.4.3 Hips and Valleys. A new section for hip and valleys has been added for clarification. Hip and valley rafters shall be no less than 2 inches nominal in thickness and not less in depth and the cut end of the rafter. Hip and valley rafters shall be supported at the ridge by a brace to a bearing partition or be designed to carry and distribute the specific load at that point. R802.4.4 Rafter Supports. Where roof pitch is less than 3:12 (25 percent slope), structural members that support rafters, such as ridges, hips and valleys, shall be designed as beams, and bearing shall be provided for rafters in accordance with Section R802.6 R802.4.6 Collar Ties. A section for collar ties has been added for clarification. Where collar ties are used to connect opposing rafters, they shall be located in the upper third of the attic space and fastened in accordance with Table R602.3(1). Collar ties shall not be less than 1 inch by 4 inches nominal, spaced not more than 4 feet on center. Ridge straps in accordance with Table R602.3(1) shall be permitted to replace collar ties. R802.5.2.2 Rafter Ties. A section for rafter ties has been added for clarification. Wood rafter ties shall be not less than 2 inches by 4 inches installed in accordance with Table R802.5.2 at each rafter. Other approved rafter tie methods shall be permitted. 11/05/19 250 of 347 R802.2.3 Installation. Wood structural panel roof sheathing in accordance with Table R503.2.1.1(1) shall not cantilever more than 9 inches beyond the gable end wall unless supported by gable overhang framing. Table R804.3.1.1 (1) & (2) Ceiling Joist Spans. Both tables have been updated. Table R804.3.2.1 (1) Roof Rafter Spans. The table has been updated with new allowable spans measured horizontally. Table R804.3.2.1(2) Ultimate Design Wind Speed to Equivalent Snow Load. The wind speed and exposure column has been updated. Table R804.3.7.1 Required Lengths for Ceiling Diaphragms at Gable End walls Gypsum Board Sheathed, Ceiling Height = 8 feet. Ultimate design wind speed has been updated R806.1 Ventilation. Required ventilation openings shall open directly to the outside air and shall be protected to prevent the entry of birds, rodents, snakes and other similar creatures. R806.5 5.2 Unvented attic and unvented enclosed rafter assemblies. A new section has been added at 5.2 for Climate Zones 3-15, air- permeable insulation installed in unvented attics. 5.2.1 – 5.2.10 list the requirements. R905.1.1 Underlayment. One exception has been added. As an alternative, two layers of underlayment complying with ASTM D226 Type II or ASTM D4869 Type III or Type IV shall be permitted to be installed as stated in 3.1-3.4 listed under this exception. Table R905.1.1(1) Underlayment Types. Table has been updated. Photovoltaic shingles has been added. Table R905.1.1(2) Underlayment Application. Table has been updated. Underlayment for photovoltaic shingles has been added. R905.11.2.1 Base Sheet. A base sheet that complies with the requirements of Section 1507.11.2 of the California Building Code, ASTM D1970, or AST MD4601 shall be permitted to be used with a modified bitumen cap sheet. R905.17 Building-integrated Photovoltaic (BIPV) roof panels applied directly to the roof deck. The installation of BIPV roof panels shall comply with the provisions of this section, Section R324 and NFPA 70. R905.17.1 Deck Requirements. BIPV roof panels shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied over spaced sheathing. R905.17.2 Deck slope. BIPV roof panels shall be used only on roof slopes of two units vertical in12 units horizontal (17-percent slope) or greater. 11/05/19 251 of 347 R905.17.3 Underlayment. Underlayment shall comply with Section 905.1.1 R905.17.3.1 Ice Barrier. Where required, an ice barrier shall comply with section R905.12 R905.17.4 Ice Barrier. In areas where there has been a history of ice forming along the eaves causing a backup of water, as designated in Table R301.2(1), an ice barrier that consists of not less than two layers of underlayment cemented together or of a self-adhering polymer- mod ified bitumen sheet shall be used in lieu of normal underlayment and extend from the lowest edges of all roof surfaces to a point not less than 24 inches inside the exterior wall line of the building. Exception: Detached accessory structures that do not contain conditioned floor area. R905.17.5 Material standards. BIPV roof panels shall be listed and labeled in accordance with UL 1703. R905.17.6 Attachment. BIPV roof panels shall be attached in accordance with the manufacturer’s installation instructions. R905.17.7 Wind resistance. BIPV roof panels shall be tested in accordance with UL 1897. BIPV roof panel packaging shall bear a label to indicate compliance with UL 1897. R1005.8 Insulation shield. Where factory-build chimneys pass through insulated assemblies, an insulation shield constructed of steel having a thickness of not less than 0.0187 inch (26 gage) shall be installed to provide clearance between the chimney and the insulation material. The clearance shall be not less than the clearance to the combustibles specified by the chimney manufacturer’s installation instructions. Where chimneys pass through attic space, the shield shall terminate not less than 2 inches above the insulation materials and shall be secured in place to prevent displacement. Insulation shields provided as part of a listed chimney system shall be installed in accordance with the manufacturer’s installation instructions. Appendix Q Tiny Houses. Appendix Q has been added on tiny house requirements. Below are some basic requirements that are listed in this section. AQ101. General. Appendix Q shall be applicable to tiny houses used as single dwelling units. AQ103.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a ceiling height of not less than 6 feet 8 inches. Bathrooms, toilet rooms, and kitchens shall have a ceiling height of not less than 6 feet 4 inches. Obstructions shall not extend below these minimum ceiling heights. 11/05/19 252 of 347 AQ104 Lofts. Minimum loft areas used as sleeping or living space shall be not less than 35 square feet, and not less than 5 feet in any horizontal direction. Appendix R Light Straw-Clay Construction. Figures of walls and tables for mixtures have been added to clarify the requirements of the light straw-clay construction. Appendix S Strawbale Construction. There are many new figures provided that show details on the different components of the wall and connections. Figures provided - Typical strawbale wall systems - Bale orientations - Typical base of plastered strawbale wall on concrete slab and footing - Typical base of plastered strawbale wall over raised floor - Typical top of loadbearing strawbale wall - Typical top of post-and beam wall with plastered strawbale infill Appendix T T103.5 Shading. The solar-ready zone shall be set back from any existing or new, permanently affixed object on the building or site that is located south, east or west of the solar zone a distance not less than two times the object’s height above the nearest point on the roof surface. Such objects include by are not limited to, taller portions of the building itself, parapets, chimneys, antennas, signage, rooftop equipment, trees and roof planting. Appendix T T103.6 Capped roof penetration sleeve. A capped roof penetration sleeve shall be provided adjacent to a solar -0ready zone located on a roof slope of not greater than 1:12, or 8 percent slope. The capped roof penetration sleeve shall be sized to accommodate the future photovoltaic system conduit but shall have an inside diameter of not less than 1 ¼ inches. 11/05/19 253 of 347 2019 California Mechanical Code (CMC) Changes SUMMARY Below show all the significant changes that were made to the 2019 California Mechanical Code. A few requirements have been added. Additionally, several code sections have been reorganized, meaning the previous requirements have been included in other or new sections. A ‘Section Relocation’ Table has been provided on pages xviii-xxi. SIGNIFICANT CHANGES NEW - CHANGE CMC SECTION/TABLE NUMBER COMMENTARY 303.10 Appliances and their vent connectors shall be installed with clearances from combustible material, so their operation does not create a hazard. 303.10.1 Clearance Reduction added the following sections; Type I Hood Exhaust System, Product, Conveying Ducts, Solid Fuel Burning Appliances 303.13 Pit Location. Where excavation is necessary to install an appliance, it shall extend to 6 inches below and 12 inches on all sides of appliance. 404.3.2 Secondary-Recirculation System: For Secondary recirculation systems where the supply air or portion to each vent zone is recirculated air (air that has not been directly mixed with outdoor air) 504.4.2.3 Exhaust Duct Power Ventilators. Dryer exhaust duct power ventilators for single residential dryers shall comply with UL 705 505.3.2 & 505.3.3 Ovens and Furnaces. & Deflagration Higher concentrations shall be permitted for ovens and furnaces designed and protected in accordance with NFPA 68. 11/05/19 254 of 347 505.4 Air-Moving Devices shall be sized to establish the velocity required to capture, control, and convey materials through the exhaust system. 505.5 Generating Flames, Sparks, or Hot Materials. Shall not be manifolded into an exhaust system that air conveys flammable or combustible. 505.6 Fire dampers. Shall be permitted to be installed in exhaust system in accordance with this section. 505.7 505.7.1 505.7.2 Fire Detection and Alarm System Fire detection and alarm systems shall not be interlocked to shut down air-moving devices. Automatic Extinguishing System. Where shutdown is necessary for the effective operation of extinguishing system, it shall interlock systems to shut down air- moving devices. Shut Down Permitted. Where an acceptable risk analysis shows the risk of damage from the fire would be higher with air-moving, it shall be permitted to interlock fire detection and alarm systems. 506.10 Duct clearances has been updated. Sections 506.10 now has sub sections of 506.10.1-506.10.5 for clarifications. 519.6 Makeup air shall be provided in accordance with Section 511.3 601.2 Sizing Requirements. Ducts shall be in accordance with ACCA manual D listed in Table 1701.1 603.13 Air Dispersion System shall be completely in exposed locations in duct systems under positive pressure, and not pass through or penetrate fire- resistant construction. 802.2.8 Incinerators commercial incinerators shall be vented in accordance with NFPA 82. 802.6 Gas vents the installation of gas vents shall meet the requirements listed in this section. 802.6.2.2 Vent offsets. Type B and L vents shall extend in a generally vertical direction with offsets not exceeding 45 degrees except that a vent system having not more than one 60-degree offset shall be permitted. Any angle greater than 45 degrees from the vertical is considered horizontal. 803.2.6 Elbows in Connectors section shows the criteria for elbows in connectors. 902.7 Use of Air or Oxygen Under Pressure. Where air or oxygen under pressure is used in connection with gas supply, effective means such as back pressure regulator and relief valve shall be provided to prevent air or oxygen from passing back through piping. 902.15 Gas appliance pressure regulators. Where the gas supply pressure is higher than that at which the appliance is designed to operate or varies beyond the design pressure limits of the appliance, a gas appliance pressure regulator shall be installed. 918.5 Combustible Material Adjacent to Cooking. Listed and unlisted food service ranges shall be installed to provide clearance to combustible material of not less than 18 inches horizontally for a distance of up to 2 feet above the surface. 11/05/19 255 of 347 1002.5 Dual Purpose Water Heater. Water heaters utilized for combined space- and water heating applications shall be listed or labeled in accordance with the standards referenced in Table 1203.2 1102.2 Ammonia Refrigeration Systems. Refrigeration systems using ammonia as refrigerant shall comply with IIAR 2, IIAR3, IIAR4, and IIAR5 and shall not be required to comply with chapter 11. 1103.1 Classification of Refrigerants. Refrigerants shall be classified in accordance with Table 1102.3 or ASHRAE 34. 1103.1.1 Safety Group. Table 1102.3 classifies refrigerants by toxicity and flammability and assigns safety groups using combinations of toxicity class and flammability class. Each refrigerant is assigned into not more than one group. 1106.2-1106.2.5.2 Refrigeration Machinery Room, General Requirements. 1112.5 Hydrostatic Expansion. Pressure rise resulting from hydrostatic expansion due to temperature rise of liquid refrigerant trapped in or between closed valves. 1202.3 Compatibility. Fluids used in hydronic systems shall be compatible with all components that will contact the fluid. 1205.2 Pressure Testing. Exception has been added. 1209.0 Expansion Tanks. This section has been broken down into General, installation, open-type expansion tanks, closed- type tanks, and sizing. Table 1210.1 Materials for Hydronic System Piping, Tubing and Fittings. This table has been updated with new materials. 1211.3 CPVC/AL/CPVC Plastic Pipe and Joints shall be installed in accordance with one of the methods listed in this section. 1214.6 Air-Removal Device. Exception has been added. Drain back type solar thermal systems shall not require an air-remova l device. 1214.7 Air-Separation Device. To assist with removal of entrained air, an air- separation device shall be installed in hydronic system. 1217.2 Radiant Under-Floor Heating. 85oF in general occupied applications. 90oF in bathrooms, foyers, distribution areas. 88oF in industrial spaces 93oF in radiant panel perimeter areas. 1217.3 Radiant Cooling System. This system shall be designed to minimize the potential for condensation. The water temperature shall not be less than 3oF above the anticipated space dewpoint temperature. 1217.5.3 Joint systems and Subfloors. An airspace of not less than 1 inch and not more than 2 shall be maintained between the top of the insulation and the underside of the floor unless a conductive plate is installed. 1308.5.10 Flange Specification. The following sub sections have been added: steel flanges, non-ferrous flanges, ductile iron flanges, and dissimilar flange connections. 11/05/19 256 of 347 1308.5.11 Flange Gaskets. The following sub sections have been added: flange gasket materials, metallic flange gaskets, non0metallic flange gaskets, full-face flange gasket and separated flanges. 1308.8 Overpressure Protection. The following sections have been added for over pressure protection: pressure limitation requirements, overpressure protection required, overpressure protection devices, detection of failure, and flow capacity 1310.1.3 Protection Against Corrosion. This section has been updated with subsections zinc coating, underground piping criteria, cathodic protection system criteria, sacrificial anodes, system failing tests, documentation, dissimilar metals, and steel risers. 1311.2 Bonding of CSST Gas Piping. The following sub sections have been added: bonding jumper connection, bonding jumper size, bonding jumper length, bonding connections, and devices used for bonding. 1315.6 Variable Gas Pressures. The following has been added for clarification. Where the supply gas pressure exceeds 5 psi for natural gas and 10 psi for undiluted propane or is less than 6 inches of water column… 11/05/19 257 of 347 2019 California Electrical Code (CEC) Changes SUMMARY Below are the significant changes to the 2019 California Electrical Code. A few requirements have been added. The biggest changes in this cycle are in the Photovoltaic systems. Article 690 has changed and 691 has been added. SIGNIFICANT CHANGES NEW- CHANGE CEC SECTION/TABLE NUMBER COMMENTARY 100 Building exception added. 110.3(c) Listing. Product testing, evaluation, and listing requirements. 110.21(A)(2) Reconditioned equipment marking 110.26(A)(6) Limited access above suspended ceilings. 110.26(A)(5) Separation from high-voltage equipment. Where switches, cutouts, or other equipment operating at 1000 volts or less. 110.41 Pre-energization and operating tests & test reports. 210.8(E) GFCI lighting outlet in crawl space. 210.11(C)(4) At least one 120volt, 20-amp garage branch circuits. 210.71 Meeting rooms in hotels less than 1000 square feet, shall have outlets, 15- or 20- amp in accordance with 210.71(B) 250.30(A)(4) Building or structure grounding electrode system 250.52(A)(2) Metal in-ground support structure(s) 250.122(F)(1) Conductor installations in raceways, auxiliary gutters, or cable trays 250.94 Other means for intersystem bonding termination device. 314.27(2)(E) Separable attachment fittings. 11/05/19 258 of 347 358.10(B) & (C) Galvanized steel and stainless steel EMT, elbows, and fittings. Supplementary protection of aluminum EMT, and cinder fill requirements. 406.12 Tamper resistant receptacles location list expanded. 422.5 GFCI protection for appliances list expanded. Article 425 Fixed resistance and electrode industrial process heating equipment. Applies to food processing facilities and factories. 445.13(B) Overcurrent protection provided. 445.18(A),(B)& (C) Disconnecting means, shutdown of prime mover, and generators installed in parallel. 445.20(A) & (B) Unbonded & bonded neutral generators. 511.3(C)& (D) Commercial garages, major and minor repairs. Table 511.3(C) & (D) added. Article 690 Solar photovoltaic (PV) systems has new sections and extensive changes throughout the whole article. Article 691 Large-scale photovoltaic electric power production facility. PV electric power production facilities with a generating capacity of no less than 5000 kW. 700.25 Branch circuit emergency lighting transfer switch. Article 706 Energy storage systems operating over 50 volts ac or 60 volts dc. Article 710 Electric power production sources operating in standalone mode. Article 712 Direct current microgrids. 725.144 Transmission of power and data for class 2 and 3 circuits that transmit power and data. 11/05/19 259 of 347 2019 California Plumbing Code (CPC) Changes SUMMARY Below show all the significant changes that were made to the 2019 California Plumbing Code. A few requirements have been added. Additionally, several code sections have been reorganized, meaning the previous requirements have been included in other or new sections. A ‘Section Relocation’ Table has been provided on pages xix-xxi. SIGNIFICANT CHANGES NEW - CHANGE CPC SECTION/TABLE NUMBER COMMENTARY 1.10.1 & 1.10.5 OSHPD 1R. This is an addition to OSHPD 1. This is for Non- conforming hospital buildings that have been removed from acute care services. OSHPD 5. A second addition is OSHPD 5 for Acute psychiatric hospital buildings. Definitions The following definitions have been updated: Category 1, 2, 3, Combustible Material, Critical Care Area, Medical Air, Patient Care Space for Category 1, 2, 3, and 4, Definitions The following definitions have been added: Joint Press Connect, Minimal Sedation (Anxiolysis), Standard Cubic Feet per Minute (SCFM), and Toilet Facility Table 313.3 Hangers and Supports. Table has been updated. 322.0 Psychiatric Services. Projects associated with provision of psychiatric services, special design considerations with fixtures shall be considered to prevent injury. 11/05/19 260 of 347 402.4 Wall-Hung Fixtures. Floor-affixed supports for off- the floor plumbing fixtures for public use shall comply with ASME A112.6.1M. Framing- affixed supports for off-the floor water closets with concealed tanks shall comply with ASME A112.6.2 404.1 Waste Fittings. Waste fittings shall comply with ASME A112.18.2/CSA B125.2, ASTM F409 or Table 701.2 for aboveground drainage piping and fitting. 407.2.4 Metering faucets. Now require a maximum of 0.2 gallons per metering cycle. 408.2 Water Consumption. Showerheads are required to have a maximum flow rate of no more than 1.8 gpm at 80 psi 408.5 Finished Curb or Threshold. The finished floor of the receptor shall slope uniformly from the sides towards the drain not less than 1/8 inch per foot. 411.2.2 Flushometer maximum flush volume lowered to 1.28. 411.4 Personal Hygiene Devices. Water closets with integral personal hygiene devices shall comply with ASME A112.4.2/CSA B45.16. 416.2 Water Supply. The temperature of hot and cold water for emergency shower or eye wash stations shall be controlled by a temperature actuated mixing valve and comply with ASSE 1071 422.2.1 Single Use Toilet Facilities. Single use toilet facilities and family assigned or use toilet facilities shall be identified with a sign indicating use by either sex. Table 4-2 Minimum Plumbing Facilities. Spaces have been added under minimum plumbing facilities. 507.27 Clearance to Combustible Materials. Appliances and their vent connectors shall be installed with clearances from combustible material, so their operation does not create a hazard. Minimum clearances and vent connectors specified in Section 509.0 509.6 Gas Vents. (2)Type B-W vent shall have a listed capacity of no less than that of the listed vented wall furnace to which it is connected. (3) Gas vents installed within masonry chimneys shall be installed in accordance with manufacturer ’s installation instructions. There shall also be a permanent label with the following language, “This gas vent is for appliances that burn gas. Do not connect to solid or liquid fuel—burning appliances or incinerators.” 11/05/19 261 of 347 601.2.1 Newly constructed multiunit residential structures or residential portion of newly constructed mixed-use residential and commercial structures will be required to provide measurement of the quantity of water supplied to each individual unit by either individual water meters or submeters. 604.5 Flexible Connectors. Flexible water connectors with an excess flow shutoff device shall comply with CSA B125.5/IAPMO Z600. 604.10.1 Tracer Wire. Plastic materials for building supply piping outside underground shall have an electrically continuous corrosion-resistant blue insulated coper tracer wire. The tracer wire size shall not be less than 14 AWG, and the insulation type shall be suitable for direct burial. 605.2.1.1- 605.3.2.1 Push Fit Fittings. Removable and non -removable push fit fittings that employ a quick assembly push fit connector shall comply with ASSE 1061 60512 PVC Plastic Pipe and Joints. PVC piping shall not be exposed to direct sunlight unless the piping does not exceed 24 inches and is wrapped with no less than 0.04 of an inch-thick tape or otherwise protected from UV degradation 609.4 Testing. Exception added. Exception: PEX, PP, or PE-RT tube shall be permitted to be tested with air where permitted by the manufacturer’s instructions. 701.2 Drainage Piping. (2) Tests shall comply with all requirements of the standards to include the sample size, both for width and length. Plastic pipe shall not be tested filled with water (6) Cast-iron and fittings and the stainless-steel couplings used to join these products shall be listed and tested in accordance with table 701.2 Table 701.2 Materials for Drain, Waste, Vent Pipe and Fittings. Table has been updated. PVC (Sewer and Drain), PVC PSM have been added Table 702.1 Drainage Fixture Unit Valves (DFU). Table has been updated. 705.5-705.1.3 Polyethylene (PE) Sewer Pipe. 705.7.1 Mechanical Joints. Mechanical joints between stainless steel pipe and fittings shall be of the compression, grooved coupling, hydraulic press connect fittings, or flanged. 11/05/19 262 of 347 903.1 (2) Applicable Standards. ABS and PVC DWU piping shall now be installed per the firestop protection requirements in the California Building Code. Tests shall comply with all requirements of standards including the sample size, for width and length. Plastic pipe shall not be tested filled with water. 906.1 Roof Termination. ABS and PVC piping exposed to sunlight shall be protected by water based synthetic latex paints. 1007.2 Trap Seal Primers. Potable water supply trap seal primer valves shall comply with ASSE 1018. Drainage and electronic design shall comply with ASSE 1044 Table 1014.2.1 Hydromechanical Grease Interceptor Sizing Using Gravity Flow Rates. Table has been updated. 1106.0 Engineered Storm Drainage System. General. The design and sizing of a storm drainage system shall be permitted to be determined by accepted engineering practices. Siphonic Roof Drainage systems. Shall comply with ASPE 45. Siphonic Roof Drains. Shall comply with ASME A112.6.9. 1201.1 Applicability. Clarification, 5 pounds-force per square inch for natural gas and 10 psi for undiluted propane. 1202.3 Applications. Numbers 17-20 have been added as items the code shall not apply. 1208.6.5 Plastic pipe, Tubing, and Fittings. Polyvinyl chloride (PVC) and chlorinated polyvinyl chloride (PCVC) plastic pipe, tubing, and fitting shall not be used to supply fuel gas. 1208.6.13.11208.13.5 Cast Iron Flanges shall be in accordance with ASME B16.1 Steel Flanges shall be in accordance with ASME B16.5 or ASME B16.47 Non-Ferrous Flanges shall be in accordance with ASME B16.24 Ductile Iron Flanges shall be in accordance with ASME B16.42 Dissimilar Flange Connections. Raised-face flanges shall not be joined to flat-faced cast iron, ductile iron or nonferrous material flanges. 1208.9-1210 Overpressure Protection Devices. An overpressure protection device shall be installed when the serving gas supplier delivers gas at a pressure greater than 2 psi for piping systems serving appliances designed to operate at a pressure of 14 inches water column or less. 1210.3-1210.1.3.9 Protection Against Corrosion. Steel pipe and steel tubing installed underground shall be installed in accordance with Section 1210.1.3.1 through 1210.1.3.9 11/05/19 263 of 347 1210.2.4.3 Piping in Buildings. Gas piping installed on roof surfaces shall be elevated above the roof surface and shall be supported in accordance with Table 1210.2.4.1. 1210.12.1 1210.12.2 1210.12.3 1210.12.4 1210.12.5 1210.12.6 Required Components. A central premix system with flammable mixture in the blower or compressor shall consist of the components listed in this section. Optional Components. Components listed in this section shall also be permitted to be utilized in any type of central premix system. Additional Requirements. Gas-mixing machines shall have non sparking blowers and shall be constructed so that a flashback does not rupture machine casings. Special Requirements for Mixing Blowers. Installation of Gas-Mixing Machines. Gas -mixing machines shall comply with the list provided in this section. Use of Automatic Fire checks, Safety Blowouts or Backfire Preventors. Automatic fire checks, safety blowouts or backfire preventors. 1211.2.3 Bonding Jumper Length. The length shall not exceed 75 feet. 1212.4 Injection (Bunsen)Burners. Burners used in laboratories and educational facilities shall be permitted to be connected to the gas supply by an unlisted hose. Table 1215.2(2) & Table 1215.2(3) Schedule 40 Metallic Pipe. Tables have been updated 1302.2 Patient Care Spaces. Patient Care Rooms has been eliminated. They are now considered Categories. Category 4 spaces has been added. 1304.3 – 1304.4 Category 2 Piped Medical Gas and Medical Vacuum. Requirements listed for Category 2 Category 3 Piped Medical Gas and Medical Vacuum. Requirements listed for Category 3 1308.6 Category 3 Systems. This section lists exceptions for Category 3 systems. 1311 Valves. New or replacement valves shall follow the conditions in section 1311. Security. All valves, except those in zone valve box assemblies shall comply with 1311.1.1 Accessibility. Zone valves shall be installed in valve boxes with removeable covers. 1311.7 Emergency Shutoff Valves. Exceptions have been added to emergency shutoff valves for Category 3. 11/05/19 264 of 347 1312.2 Materials. Two additional requirements listed for materials used in central supply systems. 1314.5.1 (2) Location. At least 25 feet from any door, window, air intake, or other openings in buildings or places of public assembly 1315.2 Pressure Relief Valves. All pressure relief valves shall comply with the requirements in 1315.2 1501.9.1 The following language was added to Commercial, industrial, institutional, and residential restroom. Signs shall contain 1/2 of an inch letters of a highly visible color on a contrasting background. The sign must be visible to all users and approved by the authority having jurisdiction. 1503.4 Potable water can temporarily be connected for testing the untreated graywater system. 1505.8.2 Warning signs for reclaimed (recycled) water valves shall have 3/8” letters on purple background. 1505.9 Hose Bibbs are approved for use in cemeteries supplied with reclaimed water. It must be equipped with a sign marking it as non-potable recycled water. 1505.12.2 A permanent sign shall be installed for tank-type toilets that are flushed with recycled water. 1603.5 Tanks may be installed directly on grade as an exception to location above grade A105.1(5)(6)(7) Chart A. Charts added to Appendix A Appendix L Reverse Osmosis Reject Water. Definition added. Water that does not pass through a membrane of a reverse osmosis system. L408.1.1 Condensate Drainage Recovery. Condensate from air- conditioning, boiler and steam systems shall be in accordance with Section 1506.0 Table 503.3.2 Performance Requirements for Water-Heating Equipment Minimum Efficiency Requirements. Data in the table has been updated and added. Appendix M Peak Water Demand Calculator. Appendix M has been added 11/05/19 265 of 347 2019 CalGreen Building Standards Code (CGBSC) Changes SUMMARY There are minor changes a few new definitions and one new section added to the 2019 California Green Building Standards Code. SIGNIFICANT MANDATORY MEASURE CHANGES NEW - CHANGE CGBSC SECTION/TABLE NUMBER COMMENTARY 202 Definitions. Two definitions have been added. Accessory Dwelling Unit. And Junior Accessory Dwelling Unit. 302.1 Mixed Occupancy Buildings. Accessory structures and live/work units have been added to Exceptions. 4.106.2 Storm water drainage and retention during construction. A note has been added with the following link for projects which disturb one acre or more of soil https://www.waterboards.ca.gov/water_issues/programs/st ormwater/construction.html 4.106.4 Electric vehicle (EV) charging for new construction. ADU’s and JADU’s without additional parking, have been added to the exceptions of EV charging. 4.106.4.2 New multi-family dwellings. Ten percent of the total number of parking spaces on a building site, provided for all types of parking facilities shall be EV spaces. 11/05/19 266 of 347 5.106.12 Shade Trees. A percentage of shade trees and landscape irrigation necessary shall be provided. Surface parking area. Shade trees shall be provided to shade over 50 percent of parking area within 15 years. Landscape areas. Shade tree planting shall be installed to provide shade of 20 percent of landscape within 15 years. Hardscape areas. Shade trees shall be installed to provide shade of 20 percent of hardscape area within 15 years 11/05/19 267 of 347 2019 California Energy Code (CEC) Changes SUMMARY Many sections in the residential requirements have been updated in new and altered homes with minor changes, below lists all the significant changes. Joint Appendix 11 has many changes for the Photovoltaic system requirements. The most changes to the nonresidential requirements are in lighting. There are many minor changes and additions. SIGNIFICANT CHANGES NEW -CHANGE CEC SECTION/TABLE NUMBER COMMENTARY (RESIDENTIAL) 110.5 Natural Gas Central Furnaces, Cooking Equipment, and Pool Spa Heaters, and Fireplaces: Pilot Lights Prohibited. Indoor and outdoor fireplaces have been added to this list. Natural gas is available for new construction if gas service line can be connected to the site without a gas main extension. For additions, natur al gas is available if a gas service line is connected to the existing building 110.10(b) Interconnection Pathways. Drawings must indicate a location for future inverters/ metering equipment/pathway for conduit between solar zones and electrical service. Central water heating system drawings need to indicate a reserved pathway for plumbing between solar zones and water heater. 150.0(c) Wall Insulation. The following has changed. • Wood-framed walls: 2 x 4 = U-factor 0.102 (R-13); 2 x 6 = U- factor 0.071 (R-20) • Non-framed walls: U-factor = 0.102 • Mass (masonry) walls: Above-grade: To meet the Prescriptive requirements of Table 150.1 -A or Table 150.1-B as a Mandatory measure (this does not apply to below-grade mass walls for which there are no Mandatory requirements). 11/05/19 268 of 347 150.0(e) Installation of fireplaces, decorative gas appliances and gas logs. Language has been added referring to section 110.5. and Title 24, Part 11, Section 4.503. exception allowing for continuous pilot lights in any situation removed. 150.0(m)12 Air-Dis tribution and Ventilation System Ducts, Plenums and Fans. Changes were made to the air filtration requirements. Filters are required for heating/cooling and ventilation systems. List provided in section for when an air filter is required. Exception has been added, heat and energy recovery vent system filter location may be down stream of thermal conditioned system if ancillary filtration is located upstream. 150.0(c) Prescriptive Standards/Component Package. • Table 150.1 -B for multifamily buildings has been added. • Exterior framed, mass, and unframed walls must meet criteria found in Table 150.1-A or 150.1-B. • Climate Zones 1-5 and 8 -16 are now 0.048 in single family dwelling units. • Doors must have a NFRC-rated U -factor ≤ 0.20. Except for swinging doors between the garage and house that need to be fire rated. • QII is now a prescriptive requirement for all single-family dwellings in all the climate zones, and multifamily buildings in all climate zones except for CZ7. • There are new requirements for heat pump water heaters in new construction, additions and alterations. • Photovoltaic system (PV) must meet the requirements per JA11. 110.6, NA6 Fenestration Products & Exterior doors. U-factor, SHGC and VT Exception 1 has dropped the maximum square footage for the Reference Nonresidential Appendix NA6 COG formula to 200 square feet. 120.1(b) High -rise residential buildings. New ventilation requirements for high-rise residential dwelling units. Must be balanced system or a continuously operated supply or exhaust system. HERS blower door testing required for continuously operating ventilation systems. 120.1(b)1 High-rise residential buildings. Air Filtration has been added with requirements for mechanical systems, system design and installation, air filter efficiency, air filter pressure drop, and air filter product labeling. There is also a section on Attached Dwelling Units. This must meet the requirements of ASHRAE standard 62.2 with the criteria from this section met. 11/05/19 269 of 347 120.1(c) Non -Residential and hotel/motel buildings. Naturally ventilated spaces must also use mechanical ventilation unless ventilation openings are permanently open or controlled to stay open during times the space is occupied. Mechanical ventilation must comply with Table 120.1A. Exhaust ventilation shall comply with Table 120.1 D. 120.1 Requirements for Ventilation and Indoor Air Quality. Table 120.1 -A has been updated to include minimum ventilation rate for more spaces. Table 120.1B added to list minimum exhaust rate for certain spaces. 120.2(i) Required Controls or Space Conditioning Systems. All cooling systems over 54,000 Btuh with an air economizer shall include a stand-alone or integrated FDD system in accordance with this section. 120.6 Condensers. Section 120.6(a)4c through 120.6(a)4g, have been added to this section. This provides requirements for saturated condensing temperature, all condenser fans, minimum condensing setpoint, condensing temperature reset, and condenser efficiency. New efficacy and system control requirements for adiabatic condensers serving refrigerated warehouses and supermarkets. 130.0(c) Lighting systems and equipment, and electrical power distribution systems. Revised luminaire classification and wattage requirements. Updated sections 130.0(c) numbers 2 through 5. 130.0(c)6, an exception has been added, for power-over-Ethernet lighting systems, power provided to installed non-lighting devices may be subtracted from the total power rating of the power-over - Ethernet system. 130.1 Mandatory indoor lighting controls. Manual area controls, multi- level lighting controls, and automatic daylighting control requirements updated. New occupancy sensor requirements for bathrooms. New requirements about accessibility of sensors. A new section for indoor lighting control interactions. 130.2(c) Controls for outdoor lighting. Controls for outdoor lighting has been updated. Automatic scheduling controls, you must be able to reduce outdoor lighting power 50%90%, turn the lighting off during times it is not occupied and have at least two scheduling options for each luminaire with a 2-hour override function. Motion sensing must be able to reduce outdoor lighting power 50%-90% and turn the lighting off when unoccupied. 140.3(d) & 140.6(a)2L Daylighting Design Power Adjustment Factors (PAFs) New prescriptive requirements and power adjustment factors (PAF) for daylighting devices including horizontal slats, light shelves and clerestory fenestrations. 11/05/19 270 of 347 CITY OF CUPERTINO Legislation Text Subject:Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Title 5, adopting new policies regulating the sale of tobacco, such as requiring a local permit to sell tobacco products, prohibiting the sale of flavored tobacco, prohibiting new businesses from selling tobacco near schools and reducing tobacco retailer density, prohibiting tobacco sales at pharmacies and in vending machines, and limiting storefront signage. 1. Conduct the first reading of Ordinance No. 19-2190: “An ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)”; 2. Authorize the City Manager to negotiate and enter into a Memorandum of Understanding (MOU) with the County of Santa Clara to administer, implement, and enforce Cupertino’s ordinance; and 3. Find that the proposed actions are exempt from CEQA. File #:19-6138,Version:2 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 271 of 347 ATTACHMENT A Tobacco-Free Communities Policies: Santa Clara County Jurisdiction Require a tobacco retailer license1 Restrict sale of flavored tobacco products Limit tobacco sales near schools Limit retailer density or proximity Prohibit tobacco sales in pharmacies County of Santa Clara Yes Yes 2 Yes (1,000 foot limit) Yes (500 foot limit from existing tobacco retailers) Yes Campbell Yes Cupertino Gilroy Yes Yes (1,000 foot limit) Los Altos Los Altos Hills Los Gatos Yes Yes 3 Yes (1,000 foot limit) Yes (500 foot limit from existing tobacco retailers) Yes Milpitas Monte Sereno Morgan Hill Yes Mountain View Palo Alto Yes Yes 4 Yes (1,000 foot limit) Yes (500 foot limit from existing tobacco retailers) Yes San Jose Santa Clara Saratoga Yes Yes (exempts menthol cigarettes) Yes (1,000 foot limit from schools and City parks) Yes (500 foot limit from existing tobacco retailers) Yes Sunnyvale 1 The tobacco retailer licensing laws in Los Gatos and Palo Alto are enforced by the Santa Clara County Department of Environmental Health. These cities adopted a licensing law that mirrors the county’s law and, in return, the county entered into an agreement to implement and enforce the cities’ tobacco retailer licensing laws. 2 The county exempts retailers that primarily sell tobacco products, which specifically requires that the store: generates more than 60% of annual gross revenues from the sale of tobacco products; does not permit anyone under the age of 21 to enter and posts a sign outside the premises indicated the age restrictions/requirements; and does not sell alcohol or food for consumption on the premises. 3 Los Gatos provides the same exemption as Santa Clara County and Palo Alto for retailers that primarily sell tobacco products. See note 2 for more detail. 4 Palo Alto provides the same exemption as Santa Clara County and Los Gatos for retailers that primarily sell tobacco products. See note 2 for more detail. 11/05/19 272 of 347 Healthy Cities Program, 2018 Dashboard Cupertino Active & Safe Communities Total Strategies Achieved 11 of 13 Promote Healthy Recreation & Transportation Vision Zero Plan Complete Streets Endorse NACTO Street Design Guidelines Bike/Ped/Trails Master Plan Parks and Rec Master Plan Achieve Bike and/or Walk Friendly Designation Safe Routes to School Resolution Multi-Disciplinary SRTS Collaborative/Task Force Dedicated SRTS and/or Bike/Ped Coordinator Conduct Annual Assessment of Student Travel Mode Support Healthy Commutes Incentives for Use of Public Transit and Ridesharing Incentives for Walking and/or Biking Transportation Demand Management Policies Healthy Food & Beverage Environments Total Strategies Achieved 3 of 9 Increase Healthy Food & Water Access Procurement Standards for City-Sponsored Meetings and Celebrations Procurement Standards for City-Sponsored Events Procurement Standards for Vending on City Properties Procurement Standards for City-Sponsored Programming Procurement Standards for City-Run Food Establishments Water Access Policy Maintain Community Gardens on City Property/Parks Reduce Exposure to Sugary Drinks Require Warning Labels on Sugary Drink Advertisements Resolution to Decline Funding from the Beverage Industry Tobacco-Free Communities Total Strategies Achieved 4 of 14 Reduce Exposure to Secondhand Smoke Smoke-Free Multi-Unit Housing Smoke-Free Parks, Trails, and Recreation Areas Smoke-Free Outdoor Dining Areas Smoke-Free Entryways Smoke-Free Service Lines and Areas Smoke-Free Public Events Reduce Youth Access to Tobacco Adopt and Implement a Tobacco Retail License Reduce Density of Tobacco Outlets Limit Sales of Tobacco Near Schools Flavored Tobacco Restrictions (Including Menthol Cigarettes) Prohibit Sale of Tobacco in Pharmacies Price-Discounting Restrictions Limit Tobacco Sales to Adult Tobacco Stores Only Conduct Enforcement to Verify Retailers Are Not Selling Tobacco to Minors Cross-Cutting Strategies Total Strategies Achieved 4 of 4 Support Healthy Environments Health Language in General Plan Climate Action Plan Workplace Wellness Policies Achieve Age-Friendly Designation City Spotlight Cupertino is developing a Parks and Recreation Master Plan. Major goals for the plan have been developed based on community input, supported by objectives and specific actions. The plan emphasizes elements that support a healthy community, such as connectivity, nature experience, youth and teen empowerment, and embracing cultural diversity. Adoption is expected in 2019. Legend NA Strategy not applicable to jurisdiction Strategy not achieved Strategy not achieved, model possible Strategy achieved Strategy achieved but model possible Model strategy achieved ATTACHMENT B11/05/19 273 of 347 77 Overall Tobacco Control Grade A: 11-12 B: 8-10 C: 5-7 D: 2-4 F: 0-1 Determined by grades and points from other three categories A: 4 B: 3 C: 2 D: 1 F: 0 Smokefree Outdoor Air Grade A: 18+ B: 13-17 C: 8-12 D: 3-7 F: 0-2 Smokefree Housing Grade A: 10+ B: 7-9 C: 4-6 D: 1-3 F: 0 Reducing Sales of Tobacco Products Grade A: 4 B: 3 C: 2 D: 1 F: 0 STATE OF TOBACCO CONTROL 2019 - CALIFORNIA LOCAL GRADES CampbellMonte SerenoLos AltosSan JoseSunnyvaleMountain ViewLos GatosSaratogaCupertinoMorgan HillLos Altos HillsSanta ClaraGilroyPalo AltoMilpitasSanta Clara County UnincorporatedOverall Tobacco Control Grade B D C D F A D n/a C D A B F A B A TOTAL POINTS 8 2 5 4 0 12 2 7 2 13 8 1 11 8 13 Smokefree Outdoor Air A C D A F A C n/a B C A B F A A A Dining 4 4 2 4 0 4 4 2 4 4 4 0 4 4 4 Entryways 4 4 0 2 0 4 0 4 4 4 2 0 4 4 4 Public Events 4 0 0 4 0 4 0 3 2 4 2 0 2 4 2 Recreation Areas 4 4 2 4 0 4 4 3 2 4 4 0 4 4 4 Service Areas 4 0 0 4 0 4 0 4 0 4 4 0 4 4 4 Sidewalks 0 0 0 1 0 1 0 0 0 1 0 0 0 1 0 Worksites 0 0 0 0 0 1 0 0 0 1 0 0 1 0 1 TOTAL POINTS 20 12 4 19 0 22 8 16 12 22 16 0 19 21 19 Smokefree Housing F F F F F B F n/a F F A C D C A A Nonsmoking Apartments 0 0 0 0 0 4 0 0 0 4 0 0 1 4 4 Nonsmoking Condominiums 0 0 0 0 0 0 0 0 0 4 0 0 0 4 4 Nonsmoking Common Areas 0 0 0 0 0 4 0 0 0 4 4 2 4 4 4 TOTAL POINTS 0 0 0 0 0 8 0 0 0 0 12 4 2 5 12 12 Reducing Sales of Tobacco Products A F A F n/a A F n/a A F A B F A F A Tobacco Retailer Licensing 4 0 4 0 4 0 4 0 4 3 0 4 0 4 TOTAL POINTS 4 0 4 0 4 0 4 0 4 3 0 4 0 4 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 1 1 0 1 0 1 1 1 1 1 0 1 1 1 1 Emerging Products Definition - Licensing 1 0 1 0 0 1 0 1 0 1 0 0 1 0 1 Retailer Location Restrictions 0 0 1 0 0 1 0 0 1 1 0 0 1 0 1 Sale of Tobacco Products in Pharmacies 0 0 0 0 0 1 0 0 0 1 0 0 1 0 1 Flavored Tobacco Products 0 0 0 0 0 1 0 0 0 1 0 0 1 0 1 Minimum Pack Size of Cigars 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL POINTS 2 1 2 1 0 5 1 2 2 5 0 1 5 1 5 Santa Clara County ATTACHMENT C11/05/19 274 of 347 589 W. Fremont Avenue, PO Box F, Sunnyvale, CA 94087 | TEL (408) 522-2200 | FAX (408) 245-5325 | WEB www.fuhsd.org SUPERINTENDENT: Polly M. Bove | BOARD OF TRUSTEES: Rosa Kim, Jeff Moe, Naomi Nakano-Matsumoto, Roy Rocklin, Bill Wilson March 19, 2019 Dear Honorable Cupertino Councilmembers, Thank you so much for all your services, which make Cupertino a great city for our students and families. Recently, we heard that parents are becoming increasingly concerned about the significant rise in e- cigarette usage by teenagers. Our district has hosted workshops at our school sites to inform parents about this issue. At one such workshop, we heard that parents are particularly concerned about retailers located close to our school sites that sell e-cigarettes, which might encourage students to become more interested in using tobacco and other nicotine delivery products. We would like to request that the City of Cupertino consider passing an ordinance to prohibit retailers near schools from selling e-cigarettes. We hope that you take this under consideration, as we feel strongly that it will benefit our students and keep them from developing habits and behavior that may be harmful to their health. As an example of the communications we are having with our families, please see the attached message that Fremont High School sent to all parents regarding the use of e-cigarettes. Thank you in advance for your consideration. Please do not hesitate to contact us sh ould you have any questions. Best regards, Polly Bove Roy Rocklin Superintendent Board President ATTACHMENT D FREMONT UNION HIGH SCHOOL DISTRICT Cupertino High School | Fremont High School | Homestead High School | Lynbrook High School | Monta Vista High School | Adult School 11/05/19 275 of 347 ATTACHMENT E11/05/19 276 of 347 ATTACHMENT E11/05/19 277 of 347 CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. MAY 2019 The tobacco industry has a long history of using flavored tobacco to target youth and communities of color. The majority of youth who start experimenting with tobacco begin with flavored tobacco.1 These products come in a variety of candy-like flavors including bubble gum, grape, menthol and cotton candy and include e-cigarettes, hookah tobacco, cigars, smokeless tobacco, and even flavored accessories such as blunt wraps. Since 2009, the United States Food and Drug Administration (FDA) has banned flavored cigarettes nationwide. However, this ban included an exemption for menthol flavored cigarettes and doesn't extend to non-cigarette tobacco products. There are currently no state laws in California restricting the sale of flavored tobacco products. It is up to local communities to take action to protect their youth from the lure of enticing flavored tobacco. The first community to restrict the sale of flavored tobacco in California was Santa Clara County in 2010. Since then, thirty- five communities have passed similar policies. What products may be included? 1. E-Cigarettes – Restricts the sale of flavored electronic cigarettes. 2. Menthol – Restricts the sale of tobacco products labelled as menthol, including cigarettes, smokeless tobacco, little cigars, etc. 3. Little Cigars – Restricts the sale of flavored little cigars, which are small, usually filtered cigars wrapped in brown paper containing tobacco leaf. Little cigars became a popular alternative following the FDA's ban on flavored cigarettes. 4. Smokeless Tobacco – Restricts the sale of flavored smokeless tobacco such as chewing tobacco, dip, snus and snuff. 5. Components & Accessories – Restricts the sale of flavored accessory products such as blunt wraps and e-juice additives. These products cannot be smoked alone and serve as a delivery system for smoked products. 6. Products Marketed as Flavored – Tobacco companies sometimes try to circumvent flavor restrictions by marketing products as flavored without directly labelling them as such. This policy option allows communities to broaden the definition of flavored tobacco to include these products. What exemptions are allowed? 1. Adult-Only Stores Exempted – Adult-only retailers are limited to customers who are 21 and over. This limits sales of flavored tobacco to stores that youth do not have access to. 2. Grandfathered Retailers Exempted – Allows retailers that were in operation prior to a specifed date to continue selling flavored tobacco products. 3. Limited to Youth-Populated Areas – Retailers are required to be a certain distance away from schools, parks, or other youth-oriented locations. Since many flavored tobacco products target youth, including buffer zones is a way to limit their access to flavored products. Resources The Center has additional resources on tobacco retailer licensing ordinances, plug-in policies, and ordinances restricting menthol tobacco available at: http:// center4tobaccopolicy.org/tobacco-policy/tobacco-retail- environment/ . ChangeLab Solutions has model ordinance language available for ordinances restricting flavored tobacco at: http://changelabsolutions.org. © 2013 California Department of Public Health Matrix of Local Ordinances Restricting the Sale of Flavored Tobacco Products ATTACHMENT F11/05/19 278 of 347 THE AMERICAN LUNG ASSOCIATION IN CALIFORNIA THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 2 of 3 CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. City/County Date Passed Products Included Exemptions E-Cigs Menthol Little Cigars Smokeless Components & Accessories Products marketed as flavored Adult-Only Stores Exempted Grandfathered Retailers Exempted? Limited to Youth- Populated Areas? San Carlos April 2019 X X X X X X Larkspur April 2019 X X X X X X Sacramento April 2019 X X X X X X Albany April 2019 X X X X X X Corte Madera March 2019 X X X X X X Hermosa Beach Jan 2019 X X X X X X X San Pablo Dec 2018 X X X X X X Alameda Nov 2018 X X X X X X Santa Cruz Nov 2018 X X X X X X Marin County Nov 2018 X X X X X X Saratoga Oct 2018 X X X X X Half Moon Bay Oct 2018 X X X X X X Portola Valley Sep 2018 X X X X X X Beverly Hills August 2018 X X X X X X Richmond July 2018 X X X X X X Sausalito July 2018 X X X X X San Mateo County June 2018 X X X X X X San Francisco June 2018 X X X X X X Mono County July 2018 X Windsor March 2018 X X**X X X ATTACHMENT F11/05/19 279 of 347 THE AMERICAN LUNG ASSOCIATION IN CALIFORNIA THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 3 of 3 CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. City/County Date Passed Products Included Exemptions E-Cigs Menthol Little Cigars Smokeless Components & Accessories Products marketed as flavored Adult-Only Stores Exempted Grandfathered Retailers Exempted? Limited to Youth- Populated Areas? Cloverdale Dec 2017 X X X X Fairfax Dec 2017 X X**X X X San Leandro Oct 2017 X X X X X Palo Alto Oct 2017 X X X X X X X Oakland Sep 2017 X X X X X X X Contra Costa County July 2017 X X X X X X X 1000 ft Los Gatos May 2017 X X X X X X X Novato Jan 2017 X X**X X X Santa Clara County Oct 2016 X X X X X X X Yolo County Oct 2016 X X X X X Manhattan Beach Dec 2015 X X X X X X El Cerrito Oct 2015 X X*X X X X Berkeley Sep 2015 X X X X X X X 600 ft Sonoma June 2015 X X**X X X Hayward July 2014 X X*X X X X X X 500 ft 1 Ambrose, B.K., et al., Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014. JAMA,2015: p.1-3. *Does not include menthol cigarettes **Exempts packages of at least 5 or more ***Doesn't apply to pipe tobacco ATTACHMENT F11/05/19 280 of 347 Healthy Stores for a Healthy Community 2016 Data Findings for Santa Clara County Public Opinion Poll Data Findings - Santa Clara County (SCC) i Easy Difficult Don’t know Availability of products 2013 2016 2013 2016 2013 2016 Cigarettes 84.1% 93.1% 6.9% 4.3% 9.1% 2.6% E-cigarettes 44.1% 63.8% 22.9% 21.0% 33.1% 15.1% Cigarillos 57.5% 71.9% 15.3% 13.7% 27.2% 14.4% Chewing tobacco 61.8% 51.3% 15.8% 29.8% 22.4% 18.9% Flavored tobacco 42.5% 54.1% 20.1% 30.0% 37.5% 15.9% Beer 85.9% 94.6% 10.1% 4.3% 4.1% 1.2% Malt liquor 77.0% 71.6% 13.0% 17.3% 10.1% 11.1% Alcopops 61.5% 80.9% 17.2% 11.4% 21.3% 7.8% Novelty alcoholic beverages n/a 38.1% n/a 40.4% n/a 21.5% Water n/a 99.3% n/a 0.7% n/a 0.0% Sugary drinks 98.8% 99.8% 0.7% 0.2% 0.5% 0.0% Sports drinks 97.1% 97.2% 0.7% 2.4% 2.2% 0.5% Energy drinks 96.2% 97.2% 0.7% 1.0% 3.1% 1.9% Non-fat/low-fat milk 94.5% 78.3% 4.8% 20.8% 0.7% 1.0% 100% juice 77.8% 68.8% 18.7% 30.5% 3.6% 0.7% Whole grain products 86.6% 74.9% 10.8% 24.8% 2.6% 0.2% Fresh fruit 89.2% 91.0% 10.3% 9.0% 0.5% 0.0% Fresh vegetables 89.2% 86.3% 10.8% 13.5% 0.0% 0.2% Canned or frozen fruit 90.1% 93.6% 7.5% 4.7% 2.4% 1.7% Canned or frozen vegetables 92.3% 94.3% 6.8% 4.3% 1.0% 1.4% n/a = not asked in 2013 Product Types Always allowed Allowed only on the inside of the store Allowed only on the outside of the store Allowed, but only in places that are hard for children to see Not allowed at all Don’t know 2013 2016 2013 2016 2013 2016 2013 2016 2013 2016 2013 2016 Tobacco 12.5% 5.7% 16.3% 22.7% 1.7% 0.7% 36.9% 34.5% 30.7% 35.9% 1.9% 0.5% Alcohol 13.0% 9.0% 21.8% 28.4% 1.9% 0.5% 41.5% 39.2% 20.4% 22.9% 1.4% 0.0% Sugary drinks 34.3% 29.6% 23.0% 30.5% 2.9% 2.8% 23.5% 20.8% 14.4% 15.6% 1.9% 0.7% Junk food 30.6% 27.7% 24.8% 32.2% 2.9% 2.8% 22.1% 19.9% 18.2% 17.0% 1.5% 0.5% ATTACHMENT G11/05/19 281 of 347 Healthy Stores for a Healthy Community 2016 Data Findings for Santa Clara County Public Opinion Poll Data Findings - Santa Clara Countyi Policy Support Oppose Don’t know 2013 2016 2013 2016 2013 2016 Ban pharmacies from selling tobacco n/a 80.4% n/a 18.2% n/a 1.4% Ban price discounts on tobacco products such as two packages for the price of one 56.7% 67.4% 33.3% 30.5% 10.0% 2.1% Requiring storeowners to buy a local license to sell tobacco products including e-cigarettes. 71.7% 87.7% 17.7% 11.4% 10.7% 1.0% Ban the sale of flavored tobacco products like menthol cigarettes and fruit flavored little cigars. 51.1% 62.0% 33.6% 33.1% 15.3% 5.0% Prevent stores near schools from selling tobacco products including e-cigarettes. 84.7% 87.9% 11.9% 10.2% 3.4% 1.9% Only allow the sale of tobacco products in adult-only tobacco stores. n/a 82.7% n/a 15.6% n/a 1.7% Illegal to sell small amounts of tobacco like single cigarillos or other tobacco products in packs of one. n/a 61.2% n/a 34.8% n/a 4.0% Limits where stores that sell tobacco can be located within a community (ex. within 500 ft. from existing tobacco retailers). 73.0% 74.5% 20.0% 19.9% 7.1% 5.7% Ban marketing of unhealthy products in stores to children 74.3% 75.7% 20.8% 21.0% 4.9% 3.3% Incentivize stores that adopt healthy changes such as reducing the number of unhealthy products and increasing health products. 78.3% 85.3% 11.9% 12.5% 9.7% 2.1% Require a government safety warning label to be placed on beverages with added sugars? n/a 91.7% n/a 7.3% n/a 1.0% n/a = not asked in 2013 If a government safety warning label was included on all sugary drinks would you purchase fewer of those beverages? Definitely yes Probably yes Probably no Definitely no Don’t know 2013 n/a n/a n/a n/a n/a 2016 28.6% 49.2% 18.0% 3.1% 1.2% n/a = not asked in 2013 If stores were rated for instance by giving 5 stars to the healthiest stores and 0 stars to the unhealthiest stores would you be more likely to shop at a store with a high rating? Yes, I would be more likely to shop there No, I would not be more likely to shop there I am not sure if I would pay attention 2013 65.3% 8.1% 26.7% 2016 61.2% 8.8% 30.0% i Only Santa Clara County residents participated in the survey. Surveys were collected in public places throughout Santa Clara County which included shopping plazas, libraries, and parks. ATTACHMENT G11/05/19 282 of 347 Answering Tough Questions on Flavored Tobacco Products @ 2019 California Department of Public Health The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA May 2019 As California communities take the lead on restricting the sale of flavored tobacco products, they are facing significant skepticism and opposition. The tobacco industry, along with the retail industry groups they frequently fund, is actively engaged in local-level opposition to policies, especially when the policies seek to restrict menthol products along with other flavors. Below are some common questions and beliefs, which have arisen during local flavored tobacco campaigns. The suggested answers are meant to help effectively address opponents’ arguments against prohibiting the sale of flavored tobacco products. Coupling these responses with personal stories from community members is the most effective way to counter these arguments. The Center has additional resources on prohibiting flavored tobacco product sales and tobacco retailers licensing ordinances available at www.Center4TobaccoPolicy.org. Prohibiting the sale of flavored tobacco products is not effective and will not keep tobacco out of the hands of minors. •More than 80% of youth who have used a tobacco product started with a flavored tobacco product. 82% of teens report flavors as being the reason they use electronic cigarettes.1 •Flavors, including menthol, reduce or mask the natural harshness and taste of tobacco, making it easier for youth to initiate and sustain tobacco use. 2 •Menthol users in the U.S. that are below 18 years of age have already indicated that 66% of them would stop using these products if a ban was placed.3 •In 2013, New York City adopted a ban on the sale of flavored tobacco products that showed positive results. After the policy went into effect, a study found that teens in the city had lower odds of trying a flavored tobacco product and of using any type of tobacco product.4 Flavors are not just for kids; adults also like flavors in electronic cigarettes and it helps adults quit smoking cigarettes. •E-cigarettes are not approved by the Federal Food and Drug Administration as a smoking cessation device and not a single company that manufactures e-cigarettes has applied to be an approved and effective smoking cessation treatment. 4 •The 2016 Surgeon General Report on e-cigarettes concluded that flavors are among the most commonly cited reasons for using e-cigarettes among youth and young adults.4 •While flavors can appeal to people of all ages, children and adolescents have a higher preference for sweet flavors and use flavored e-cigarettes more than adults.5 •Studies show that candy, fruit, and menthol flavored e-cigarettes appeal to adolescents more than tobacco flavored or alcohol flavored e-cigarettes.6 ATTACHMENT H11/05/19 283 of 347 THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 2 of 4 The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA • 80% of youth in middle and high school who have used flavored tobacco products ended up using tobacco later in life.7 • Allowing harmful flavored tobacco products, which are proven to encourage initiation of youth tobacco use, to stay on the market in the hope that adults will use them to quit smoking cigarettes is not a defensible public health strategy. • Adult e-cigarette users will still have access to non- flavored e-liquids, and those wishing to quit have a range of FDA-approved cessation therapies to choose.7 There are already laws in place that prevent youth from having access to tobacco products, such as the statewide law that increased the minimum sale age to 21 and local laws that prohibited tobacco sales near schools. We do not need to ban more products; we just need to do a better job enforcing existing laws. • Our existing laws are effective; however, public health threats are far-reaching and entrenched, as tobacco prevention requires using multiple approaches to save lives. 8 • While raising the age to purchase tobacco is expected to significantly reduce youth access to tobacco, the reality is that enforcement varies and can be particularly difficult in the low-income urban and rural areas where youth tobacco use is highest. 8 • Enforcement is difficult to measure. It is widely reported that youth purchase surveys underestimate youth access because retailers will sell to youth they personally know, which shows that the minimum sales age is not enough enforcement.8 • Data from the county-level tobacco youth purchase surveys shows that illegal tobacco sales to minors still occurs at high rates. 8 • The restriction of sales in menthol and flavored tobacco in conjunction with other tobacco control policies is the best approach to save lives. Many of these convenience stores only sell snacks to the youth; the adults are mostly the ones buying tobacco products. • The best way for local communities to reduce underage purchases of flavored and e-cigarette products is to specifically include these products in retail licensing ordinances. • 152 cities and counties throughout the state have taken steps to regulate these products through local tobacco retail law. These jurisdictions have seen reductions in youth purchase rates as high as 58%. 12 • For example, many African American and low-income neighborhoods tend to have more tobacco retailers. A 2010 research study even found that there were more tobacco stores near schools, attracting youth to experiment with tobacco. 8 • The 2015 rate of illegal sales to minors across the state was 14.8% at tobacco-only stores. Convenience stores that sell gasoline sold to minors 8.8% of the time and convenience stores without gasoline sold tobacco to minors nearly 10% of the time. These are numbers we can change. 8 • The best way for local communities to reduce underage purchases of flavored tobacco products is to specifically include these products in their local retail licensing ordinances. Youth are more likely to access tobacco products through a “social source” or the internet instead of at local stores. • The tobacco industry has a history of shifting the attention from retailers profiting off sales to youth by framing the issue of youth access as a “social” problem of youth sharing tobacco products, careless parents, and unconcerned bystanders buying cigarettes for minors. 9 • Many of these tobacco products are now being promoted on social media and shared among friends, increasing the use of these e-cigarettes.9 • By restricting the sale of flavored tobacco products, this makes these products less enticing to youth and fewer youth will be interested in purchasing these products. Illegal sales to minors are not the only source minors use to obtain tobacco, but are still the highest— this is a public health issue, and tobacco retailers can be a part of the solution. Flavored tobacco users will simply order products online or visit neighboring communities that have not prohibited the sale of flavored tobacco. • Online sales are only a part of the issue, and we have to start by fixing these issues in our own backyard. • Although many users have accessibility to making ATTACHMENT H11/05/19 284 of 347 THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 3 of 4 The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA e-cigarette purchases online, the 2018 National Youth Tobacco Survey states that, 14.8% of middle and high school e-cigarette users under 18 report obtaining e-cigarettes from a vape shop in the past month and 8.4% from a gas station or convenience store.10 Clerks should not be punished if they sell to minors. • Storeowners claim that mistakes are made because clerks are busy and cannot check everyone’s ID. This is an argument that would be unacceptable for illegal alcohol or gun sales and should be just as unacceptable for illegal tobacco sales. 10 • The fact is that storeowners, not clerks, are responsible for what happens in their stores. Everybody is accountable for selling to underage patrons and storeowners must train clerks to ask for ID and must enforce minimum age requirements, even during busy times. By limiting product access, it limits the opportunity for youth to attain these products. 10 • Clerks must have the proper training to ensure they do not sell to minors. Tobacco products, especially flavored tobacco products, are a key source of income for many convenience stores who risk going out of business if they lose this revenue. • According to the National Association of Convenience Stores, sale from tobacco accounted for the highest percentage of sales, but the products only accounted for a small percentage of actual profits compared to other products. 11 • Foodservice accounted for 33.9% of gross profits, which show that these retailers do not have rely entirely on tobacco. 11 • While tobacco products were 34.1% of instore sales, they only account for 17.1% of gross profit. 11 • Many of these purchases made in-store are for food and drinks, and more than 65% of the food bought is consumed right after purchase. 11 • Tobacco retailers and communities should work together to build partnerships that support healthy retail environments from relying on harmful tobacco products as well as properly enforcing the minimum age for acquiring tobacco products.11 Banning flavors is really a federal or state issue and should be left up to the FDA or the State Legislature. • The federal government cannot regulate the manufacturing of tobacco products, but the states and local governments can govern tobacco retail practices. • Local elected officials can and should take action to reduce sales of these deadly products. • In 2009, the FDA banned flavored cigarettes, excluding menthol, which still left a large number of flavored products on the market, such as cigarillos and e-cigarettes. Now, nine years later, the FDA announced intentions to take further steps in reducing the death and disease caused by flavored tobacco use in our nation. Many cities and counties in California have already taken initiative in adopting flavor bans due to a strong need and other places should follow to ensure safety for minors and others.12 • It took the legislature 20 years and dozens of attempts before it was able to move any significant tobacco control legislation prior to 2016. We cannot wait, as more youth get addicted to tobacco, for the legislature to act. 12 People have the right to use these products regardless of their health impacts, and it should not be up to the government to tell people what to do. If someone wants to kill themselves by using these products, that is their right. • According to the 2014 Surgeon General Report, over 90% of smokers started smoking before the age of 21.4 We are not talking about adults; we are talking about youth who may not fully recognize the consequences of their actions. • The industry uses deceptive marketing to lure new users, especially youth, to use these products. It should be left up to parents, not stores and storeowners, to ensure that kids are not accessing these products. Where are parents in all of this? • In 2016, the tobacco industry spent $9.5 billion dollars marketing their products.13 Parents are doing the best they can, but they cannot single handedly push back against a billion dollar industry that seeks to hook their kids. ATTACHMENT H11/05/19 285 of 347 THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 4 of 4 The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2019. California Department of Public Health. Funded under contract #14-10213. CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA If the sale of flavored tobacco products is prohibited, local black markets will emerge to fulfill demand via illegal sales of flavored tobacco. • There is no evidence of black markets forming in communities that have adopted these policies. • The argument that black markets will form is one that is consistently used against tobacco control policies, but is often very overstated. History shows us that this just doesn’t pan out. 14 • Evidence shows that smuggling and other tax evasion only reduces the total amount of net new additional revenues the state receives from cigarette tax increases—they do not come close to eliminating revenue gains or making tax increases unproductive. 14 • The National Research Council and Institute of Medicine’s (NRC-IOM) 2015 report found that the vast majority of states with lower actual or proposed cigarette tax rates have little to worry with smuggling infrastructures or tax evasions patterns.14 Citations 1. Ambrose, B.K., et al., Flavored tobacco product use among US youth aged 12- 17 years, 2013-2014. Journal of the American Medical Association, 2015. 314(17): p. 1871-1873. 2. Farley, S.M. and M. Johns, New York City flavored tobacco product sales ban evaluation. Tobacco control, 2016: p. tobaccocontrol-2015-052418. 3. King, B.A., S.R. Dube, and M.A. Tynan, Flavored cigar smoking among US adults: findings from the 2009–2010 National Adult Tobacco Survey. Nicotine & Tobacco Research, 2012. 15(2): p. 608-614. 4. Youth, E.-C.U.A., U.D.o. Health, and H. Services, A Report of the Surgeon General—Executive Summary. Atlanta, GA: US Department of Health and Hu- man Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 5. Hoffman, A.C., et al., Flavour preferences in youth versus adults: a review. Tobacco Control, 2016. 25(Suppl 2): p. ii32-ii39. 6. Villanti, A.C., et al., Flavored tobacco product use among US young adults. American Journal of Preventive Medicine, 2013. 44(4): p. 388-391. 7. Delnevo, C.D. and M. Hrywna, “A whole’nother smoke” or a cigarette in disguise: how RJ Reynolds reframed the image of little cigars. American Journal of Public Health, 2007. 97(8): p. 1368-1375. 8. California Department of Public Health. https://www.cdph.ca.gov/Pro- grams/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/Re- searchandEvaluation/FactsandFigures/2018YATPSChartsADA.pdf African American tobacco users overwhelmingly prefer menthol. Prohibiting these products unfairly singles out African American tobacco users. • The tobacco industry has been using menthol to target the African American community for decades. They sponsor events, lower tobacco prices, and increase point of sale advertising in communities with larger African American populations.15 • Many African American smokers are addicted to menthol products, which have been associated with increased health risks and a greater difficulty quitting.15 • Support for prohibition of menthol products is strongest among the populations who used menthol the most.16 • Tobacco companies have also used these tactics to target other communities such as the Lesbian, Gay, Bisexual, Transgender and Queer Hispanic/Latino, and Asian Pacific Islander communities. 16 9. Jidong Huang, Zongshuan Duan, Julian Kwok, Steven Binns, Lisa E Vera, Yoonsang Kim, Glen Szczypka, Sherry L Emery, “Vaping versus JUULing: how the extraordinary growth and marketing of JUUL transformed the US retail e- cigarette market”. Tobacco Control, 2018. 10. FDA, “Modifications to Compliance Policy for Certain Deemed Prod- ucts: Guidance for Industry, Draft Guidance,” March 13, 2019 11.Inside the Store. www.convenience.org/Research/FactSheets/Inside- theStore. 12. American Lung Assocation, the Center. Matrix of Local Ordinances Restric- itng Flavored Tobacco 2018. https://center4tobaccopolicy.org/wp-content/ uploads/2018/11/Matrix-of-Local-Ordinances-Restricting-Flavored-Tobac- co-2018-11-14.pdf 13. Federal Trade Commission. Federal Trade Commission Cigarette Report for 2016 Cdc-pdf[PDF–589 KB]External. Washington: Federal Trade Com- mission, 2018 14. Tobacco Free Kids, “Reponses to Tobacco Company Arguemnts Against State Cigarette Tax Increases” 2018. 15. Yerger VB, Malone RE. African American leadership groups: smoking with the enemy. Tobacco Control 2002;11:336-345. 16. American Lung Association, the Center. Countering Arguments in Opposi- tion to Flavored Tobacco Restrictions 2017. https://center4tobaccopolicy. org/wp-content/uploads/2017/08/Countering-Arguments-in-Opposition- to-Flavored-Tobacco-Restrictions-2017-08.pdf ATTACHMENT H11/05/19 286 of 347 CITY COUNCIL STAFF REPORT Meeting: August 6, 2019 Subject Study session regarding policy options to prevent youth access to tobacco products, including flavored tobacco products, and to reduce the density of tobacco retailers. Recommended Action Provide direction on policy options to prevent youth access to tobacco products, including flavored tobacco products, and to reduce the density of tobacco retailers. Background Tobacco use remains the number one preventable cause of death and disease in California, causing nearly 40,000 deaths in California every year. In Santa Clara County, one in eight deaths annually is attributed to smoking-related illness or diseases, such as cancer, heart disease, and respiratory diseases. More than one in ten youth in the County currently use tobacco products, including electronic smoking devices. The Santa Clara County’s Healthy Cities Program seeks to address these tobacco-related health concerns by promoting policies and practices to provide tobacco-free and smoke-free communities. Currently, Cupertino has adopted four out of 14 recommended tobacco prevention strategies in the Healthy Cities Program (Attachment B). Although the City prohibits smoking in many outdoor areas, it does not require a local tobacco retailer license, prohibit the sale of flavored tobacco products, or place limits on where tobacco retailers may locate. The American Lung Association provides an evaluation of local tobacco control policies through a State of Tobacco Control Report (Attachment C). Cupertino currently has an overall “D” grade on this report, including an “F” grade in the category of reducing sales of tobacco products. The Santa Clara County Public Health Department (PHD) has provided funding to cities to support tobacco prevention strategies known to have the highest impact on reducing tobacco - related disparities and inequities. As part of this funding, the City of Cupertino received a $48,608 grant from the PHD to: 1.Explore restricting the sale of flavored tobacco products, including menthol cigarettes. 2.Decrease youth access to tobacco products, such as by prohibiting new businesses from selling tobacco near schools. ATTACHMENT J11/05/19 287 of 347 2 3. Explore policies to reduce the density of tobacco retailers. These tobacco prevention policies have been shown to reduce youth access and exposure to tobacco products. As part of the current grant, the PHD is also providing technical assistance to help Cupertino explore and implement these policies. The grant from the PHD will enable Cupertino to potentially prevent youth access and exposure to flavored tobacco products and reduce the number of tobacco retailers, while improving the City’s tobacco control “grade”. Exploring these tobacco control policies is also part of the current City Work Program. Support from Local Schools In March, the Fremont Union High School District sent a letter to the City Council requesting that the City pass an ordinance to prohibit retailers near schools from selling e -cigarettes (Attachment D). In May, the Fremont Union High School District (FUHSD) Board of Trustees passed a resolution indicating that they support and encourage local cities to restrict the sale of tobacco products in order to prevent youth access and use (Attachment E). The resolution specifically encourages prohibiting the sale of flavored tobacco products and reducing the concentration and density of tobacco retailers, particularly near schools and other youth-sensitive areas. Discussion To reduce youth access to tobacco products, staff is exploring the following best practices: 1. Prohibiting the sale of flavored tobacco products, including menthol cigarettes, throughout the City 2. Reducing the availability of tobacco by:  Prohibiting new tobacco retailers from locating within a certain distance from schools or other youth-sensitive areas (e.g. 1,000 feet).  Prohibiting new tobacco retailers from locating within a certain distance from existing tobacco retailers (e.g. 500 feet).  Capping the total number of tobacco retailers by population.  Prohibiting the sale of tobacco products at pharmacies. These options are discussed in more detail below with information regarding health impacts, existing laws in other jurisdictions, potential arguments from opposing viewpoints, and options for implementation and enforcement. It is worth noting that some jurisdictions have recently passed more comprehensive restrictions on the sale of tobacco products. In June 2019, Beverly Hills voted to prohibit the sale of all tobacco products (with an exception for hotels and high-end cigar clubs/lounges). In San Francisco and Livermore, the sale of all e-cigarettes will be prohibited in 2020, not just flavored products. While these more restrictive options are available, the focus of this report will be on the options outlined above which are more common and are endorsed by the PHD’s Healthy Cities campaign. ATTACHMENT J11/05/19 288 of 347 3 1. Prohibiting the Sale of Flavored Tobacco Products The most comprehensive approach to addressing the availability of flavored tobacco and nicotine products is to prohibit the sale of such products in the City. Such a prohibition would apply to flavored e-cigarettes, e-liquids, flavored cigars, little cigars, flavored hookah, and menthol cigarettes. E-liquids are nicotine solutions that are used with e-cigarettes. These liquid solutions are available in dozens of flavors that are attractive to youth, such as gummy bear and cotton candy. As of May 2019, 35 communities in California have passed laws to restrict the sale of flavored tobacco products (Attachment F). Most of the recently-adopted laws include a complete prohibition on the sale of flavored tobacco products, including menthol cigarettes. In Santa Clara County, Los Gatos, Palo Alto, Saratoga, and the unincorporated County prohibit the sale of flavored tobacco products. Morgan Hill and Sunnyvale have received funding from the Santa Clara County Department of Public Health to consider flavored tobacco bans during the next two years. However, some local governments have adopted less comprehensive laws, making concessions that limit the impact of the laws (Attachment F). These exceptions include:  Exempting menthol cigarettes.  Exempting tobacco stores that do not allow minors.  Grandfathering existing retailers.  Limiting the restriction on flavored tobacco products to areas around yout h-oriented locations, such as schools are parks. In Santa Clara County, Los Gatos, Palo Alto, and the unincorporated County exempt tobacco stores that do not allow minors. In Saratoga, menthol cigarettes are exempted. From a public health perspective, none of these less comprehensive options are recommended for various reasons. In particular:  Menthol cigarettes are widely used by youth and young adults and are considered a “starter” product for minors.  Exempting tobacco stores that do not allow minors creates an uneven playing field for retailers. Data indicates that tobacco sales to minors still occur at unacceptably high rates.  Grandfathering existing tobacco retailers undermines the effectiveness of the policy since it would not address the current availability of flavored tobacco products in the City.  Limiting flavored tobacco restrictions to stores around schools also creates an uneven playing field for retailers and does not account for the reality that minors live and spend time throughout the community, not just near schools. As mentioned above, recent laws passed by California communities typically include a complete prohibition on the sale of flavored tobacco products in the jurisdiction. ATTACHMENT J11/05/19 289 of 347 4 Flavored tobacco products are considered “starter” products for youth who begin to use tobacco, establishing tobacco habits that can lead to long-term addiction. Nearly 81% of youth ages 12 to 17 who use tobacco products report that the first product they used was flavored. Although federal law prohibits the sale of candy- and fruit-flavored cigarettes, this law does not prohibit the sale of menthol cigarettes or flavored, non-cigarette tobacco products, such as cigars, little cigars, smokeless tobacco, hookah tobacco, electronic smoking devices, and the e-liquid used in these devices. In Santa Clara County, 93% of tobacco retailers sell menthol cigarettes and nearly 80% of tobacco retailers (including those near schools) sell flavored, non-cigarette tobacco products. In a 2016 survey, 62% of Santa Clara residents surveyed would support banning the sale of flavored tobacco products such as menthol cigarettes and fruit-flavored little cigars (Attachment G). 2. Reducing the Availability of Tobacco Products Many communities are looking for strategies to reduce the availability of tobacco products in order to reduce youth access to such products. These restrictions can also help target enforcement of tobacco control laws and reduce perceptions that tobacco use is normal. The City could apply one or more strategies to gradually reduce the number of licensed tobacco retailers. A. Limiting Tobacco Retailer Density One of the strategies is to limit tobacco retailer density. This can be done by prohibiting new tobacco retailers within a certain distance of schools or other youth-oriented facilities. For example, a potential regulation could be that tobacco retailers may not locate within 1,000 feet of schools or playgrounds. Another option is to prohibit new tobacco retailers within a certain distance of existing tobacco retailers. A limit could be placed on the total number of tobacco retailers either as a citywide cap or according to population size. For example, a potential regulation could be that no more than one tobacco retailer per 2,500 people is allowed. As of September 2016, 51 local governments in California restrict the location of tobacco retailers within a certain distance of schools. The most common buffer zone in such laws is 1,000 feet. However, some communities have customized the policy by choosing a different buffer zone and/or adding additional youth-oriented locations, such as childcare facilities, youth centers, libraries, playgrounds, parks, and recreational facilities. In Santa Clara County, Gilroy, Los Gatos, Palo Alto, Saratoga, and the unincorporated County restrict the location of new tobacco retailers. All of these jurisdictions require that tobacco retailers have a 1,000-foot buffer from schools. Saratoga extends the 1,000-foot buffer to City-owned parks as well. With the exception of Gilroy, these jurisdictions also require that new tobacco retailers must be at least 500 feet away from other tobacco retailers. ATTACHMENT J11/05/19 290 of 347 5 Research has shown that the density of tobacco retailers is associated with increased youth smoking rates, particularly in neighborhoods around schools. Tobacco retailers near schools with high smoking rates have also been shown to have lower cigarette prices and more in-store promotions. A high density of tobacco retailers has been associated with increased smoking rates, particularly among youth. A study of California neighborhoods found that the density and proximity of tobacco retailers influenced smoking behaviors, including number of cigarettes smoked per day. Excessive tobacco retailer density may exacerbate disparities in tobacco use and tobacco-related harm. Research also shows that the presence of tobacco in retail settings normalizes the use of tobacco products and triggers smoking urges among former smokers and those attempting to quit. A 2016 survey of Santa Clara County residents found that nearly 88% of respondents would support a policy to prevent stores near schools from selling tobacco products, including e-cigarettes, and that 75% would support a limit on where tobacco retailers can be located (e.g., at least 500 feet from existing tobacco retailers) (Attachment G). B. Prohibiting Tobacco Sales in Pharmacies Another strategy to reduce the availability of tobacco products is to prohibit the sale of tobacco products by a certain type of retailer, such as pharmacies. Twenty-three communities across the state prohibit the sale of tobacco in pharmacies. In Santa Clara County, Los Gatos, Palo Alto, Saratoga, and the unincorporated County prohibit the sale of tobacco products in pharmacies. Notably, CVS discontinued the sale of tobacco in pharmacies in 2014. Research has shown that cigarette purchases declined nationally after CVS implemented its policy change and that smokers who had previously purchased their cigarettes exclusively at CVS were more likely to stop buying cigarettes entirely. Sales of tobacco products in pharmacies may present an inherent conflict of interest and send mixed messages about the health risks posed by tobacco. By selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey implied approval of tobacco use, and may send a message that it is safe to smoke. The Tobacco Education and Research Oversight Committee for California, the American Pharmacists Association, the California Pharmacists Association, and the California Medical Association have called for the adoption of state and local prohibitions of tobacco sales in drug stores and pharmacies. Research has shown that more than 95% of consumers have said they would continue shopping at drugstores that became tobacco-free much or more often. A 2016 survey found that 80% of Santa Clara residents would support a ban on the sale of tobacco products in pharmacies (Attachment G). Communities that have adopted policies prohibiting tobacco sales in pharmacies have experienced up to three times greater reduction in tobacco retailer density compared with communities without such policies, even after controlling for the presence of policies restricting tobacco density and location. ATTACHMENT J11/05/19 291 of 347 6 Legal Authority California local governments have the legal authority to prohibit the sale of flavored tobacco products, restrict the location of tobacco retailers, and prohibit the sale of tobacco products in pharmacies. Three communities outside of California were sued after adopting laws to prohibit the sale of flavored tobacco products: Providence, Rhode Island; New York, New York; and Chicago, Illinois. Courts in all three of these cases upheld local laws, finding that the laws were not preempted by the Family Smoking Prevention and Tobacco Control Act. No communities in California have been sued over a flavored tobacco product restriction. After the City and County of San Francisco adopted a prohibition on the sale of flavored tobacco products, the tobacco industry sponsored a ballot initiative requiring voters to ratify and uphold the law. This initiative was approved by voters in June 2018 and San Francisco’s law is currently in effect. In California, there has been one challenge to a law prohibiting the sale of tobacco products in pharmacies. In 2009, the City and County of San Francisco was sued by both Philip Morris and Walgreens after adopting a tobacco pharmacy law that contained an exemption for grocery stores and big box stores. The Philip Morris lawsuit, which claimed that a prohibition on tobacco sales in pharmacies violated their freedom of speech, was dismissed. In the Walgreens lawsuit, the court agreed that the law’s exemptions violated the Equal Protection clause of the U.S. Constitution. After the court’s decision, San Francisco amended its law to include grocery and big box stores in the pharmacy ban. There have been no subsequent legal challenges to local bans on tobacco sales in pharmacies. Similarly, there have been no legal challenges to local laws restricting the location of tobacco retailers. Potential Opposition Arguments The tobacco control policies being considered by Cupertino are part of a comprehensive tobacco control strategy recommended by the PHD and adopted by dozens of other cities and counties across California. Although some communities have received opposition to proposed policies, elected officials ultimately adopted the laws in order to protect public health and , in particular, to protect youth from the trends of vaping and e-cigarettes. Three of the most common opposition arguments to these policies are listed below, along with potential responses. 1. Argument: Additional government regulation is not needed in this area. Response: Despite existing state and federal laws, there is an epidemic of youth e-cigarette use. Schools are seeing the effects of e-cigarette use by teenagers and calling on the City to take action. 2. Argument: E-cigarettes are an important tool to help adults quit smoking. Response: ATTACHMENT J11/05/19 292 of 347 7  The proposed policies are limited to the sale of flavored tobacco products. While flavors can appeal to people of all ages, children and adolescents have a higher preference for sweet flavors and use flavored e-cigarettes more than adults.  E-cigarettes are not approved by the Food and Drug Administration (FDA) as a smoking cessation device and no manufacturer of e-cigarettes has applied to be an approved and effective smoking cessation treatment.  Adult e-cigarette users will still have access to non-flavored e- liquids, and those wishing to quit have a range of FDA-approved cessation therapies to choose from. 3. Argument: The proposed policies would hurt local businesses Response:  Retailers in permissible areas will still be able to sell tobacco products, just not the flavored tobacco products that have been proven to appeal to youth.  Existing retailers located within the restricted buffer zones around schools, etc., would be allowed to continue to operate (although such stores would no longer be able to sell flavored tobacco products, as mentioned above). For additional information on these and other topics, see Tough Questions on Flavored Tobacco Products from the Center for Tobacco Policy and Organizing (Attachment H). Proposed Outreach The City will solicit input from local school districts, residents, and businesses on the proposed tobacco control policy options. All of the outreach will be funded by the grant from the PHD. The following methods of outreach are recommended to inform the public and to solicit feedback on the proposed policy options: 1. Teen Commission and Public Safety Commission  Staff will present the various policy options to the Teen Commission and the Public Safety Commission to receive input. Once proposed regulations are developed, staff will return to these Commissions for a recommendation to Council. 2. Online Survey  A survey about potential policy options will be created and posted using Open City Hall. The survey will ask about support for the proposed tobacco control policy options as well as whether respondents believe that flavored tobacco products are easy for youth to obtain.  The survey will be open for 30-60 days. ATTACHMENT J11/05/19 293 of 347 8  The survey will be advertised through the City’s website, Next Door, the City’s social media accounts, and a mailer to all City residents and businesses (including tobacco retailers). The City will work with local school districts to distribute the survey to their students and parent communities as well. 3. Community Forums  Two or more community forums will be held to solicit input from residents, visitors, employees, and business owners on the proposed tobacco control policy options.  The City will work with local school districts to conduct some of these forums at school sites to better engage students and parents.  These forums will be advertised through methods similar to the online survey (see above). 4. Mailers: The City will send two Citywide mailers to all residents and businesses:  The first mailer will notify residents and businesses of the potential policies under consideration and will provide information on the online survey, the dates of the community outreach meetings (as available), and information on how to sign up to receive updates on the topic.  If the Council adopts new tobacco control policies, a second mailer will be sent informing residents and businesses of the new law. Implementation and Enforcement Typically, communities adopt a restriction on the sale of flavored tobacco products and on the location and type of tobacco retailers as a condition of a local tobacco retailer license (TRL). Although the State of California requires a license to sell tobacco products, more than 150 cities and counties also require a local TRL. A local TRL is generally adopted to:  Create more comprehensive restrictions than State law on the sale or marketing of tobacco products in the retail environment;  Allow for meaningful penalties for violation of tobacco control laws, such as license suspension; and  Help fund local enforcement of tobacco control laws through the local licensing fee. Cupertino does not currently require a TRL. Although it is possible to adopt a prohibition on the sale of flavored tobacco products without a local TRL, the City would not have a dedicated source of funding to monitor compliance with the flavored tobacco restrictions. Currently, all but two of the 35 California communities that restrict the sale of flavored tobacco products also require a tobacco retailer license. Restrictions on the location or type of tobacco retailers may be adopted as a component of a local tobacco retailer license or as independent requirements, such as amendments to the zoning code. ATTACHMENT J11/05/19 294 of 347 9 New retailers within prohibited areas (e.g. 1,000 feet of schools) or of prohibited types (e.g. pharmacies) would be ineligible for a tobacco retailer license. Attrition would be required to reduce the number of existing tobacco retailers based on location or density. As existing businesses close or change the nature of their business, new businesses in those locations would not be eligible for a license. A prohibition on the sale of tobacco products in pharmacies could also be included as a condition of a local tobacco retailer license or as a stand-alone requirement. Existing pharmacies would be given a grace period to discontinue the sale of tobacco products. Most communities that have adopted a restriction on the sale of flavored tobacco products delay the effective date of the ordinance by approximately six months. This grace period gives the cities an opportunity to educate retailers and to allow retailers to sell their existing inventory of flavored tobacco products. As of the ordinance’s effective date, retailers would no longer be able to sell flavored tobacco products. A violation of the law would also constitute a violation of the retailer’s tobacco license, if a local license is required. Santa Clara County is willing to partner with the City of Cupertino to administer, implement, and monitor its tobacco retailer licensing law if the City adopts a TRL that mirrors the County’s requirements below. To cover the costs of the program, the County typically collects a $425 license fee paid by tobacco retailers. The cost of the license in Cupertino would be calculated to reflect the costs to administer and enforce the program. To participate, Cupertino’s TRL ordinance must include the following: 1. Require retailers to obtain and annually renew a tobacco retailer license. 2. Post a notice saying that the sale of tobacco products to anyone under 21 years of age is illegal and subject to penalties. 3. Check the identification for any purchaser who appears to be under 30 years of age 4. Prohibit the sale of tobacco products from a vending machine. 5. Prohibit retailers from covering more than 15% of windows and clear doors with any type of ads or signs. 6. Prohibit the sale of flavored tobacco products, including menthol cigarettes 7. Prohibit new tobacco retailers from locating within 1,000 feet of a school (existing retailers within this radius may continue to sell tobacco products assuming they are operating lawfully, renew their TRL on time, and do not transfer ownership). 8. Prohibit new tobacco retailers from locating within 500 feet of another tobacco retailer (existing retailers in these locations may continue to sell tobacco products assuming they are operating lawfully, renew their TRL on time, and do not transfer ownership). 9. Prohibit the sale of tobacco products from pharmacies. 10. Prohibit mobile tobacco retailing or tobacco retailing at a temporary event. ATTACHMENT J11/05/19 295 of 347 10 Conclusion The City has the opportunity to help prevent youth from using tobacco by prohibiting the sale of flavored tobacco products and reducing the availability of tobacco in the City. These policies would demonstrate the City’s commitment to protecting the health of its residents , and would improve the City’s performance on the County’s Healthy Cities Initiative and the American Lung Association’s State of Tobacco Control grades. Sustainability Impact No impact. Fiscal Impact The City has been awarded $48,608 to cover the costs of developing the proposed regulations and conducting the associated outreach. No additional funding is requested at this time. There may be additional funding requirements for implementation and enforcement depending which policy options the Council chooses. Additional allocation of resources will be proposed based on Council’s preference for a specific program, if needed. If the City adopts the County’s regulations, the County will implement and enforce the City’s program at no cost to the City. The County would recover costs through charging a fee of approximately $425 for the Tobacco Retailer License. Prepared by: Leslie Zellers, JD, Consultant, Santa Clara County Department of Public Health Katy Nomura, Assistant to the City Manager Approved for Submission by: Deborah Feng, City Manager Attachments: A – Tobacco Free Communities Policies in Santa Clara County B – Healthy Cities Program 2018 Cupertino Dashboard C – American Lung Association Report Cad D – Letter to Cupertino City Council from FUHSD E – FUHSD Resolution 1819-21 F – Matrix of 35 Local Ordinances Restricting Flavored Tobacco G – Healthy Stores for a Healthy Community 2016 Survey H – Tough Questions on Flavored Tobacco Products ATTACHMENT J11/05/19 296 of 347 Summary Of Responses As of October 14, 2019, 11:48 AM, this forum had: Topic Start Topic End Attendees:1032 September 6, 2019, 2:32 PM October 14, 2019, 10:23 AM Responses:639 Hours of Public Comment:32.0 QUESTION 1 Do you think it is easy or difficult for youth under the age of 21 to buy flavored tobacco products in Cupertino? (Flavored tobacco products include menthol cigarettes, little cigars, and electronic cigarettes in flavors such as fruit, candy, and liquor.) % Count Easy 53.8% 344 Difficult 3.9% 25 Not sure 42.3% 270 QUESTION 2 Do you think flavored tobacco products are more appealing to youth than unflavored tobacco products? % Count Yes 90.3% 577 No 1.1%7 Not sure 8.6% 55 QUESTION 3 Would you support or oppose a law prohibiting the sale of flavored tobacco products, like menthol cigarettes and fruit-flavored electronic cigarettes, in Cupertino? 2 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 297 of 347 % Count Support 89.5% 572 Oppose 8.3% 53 Not sure 2.2% 14 QUESTION 4 Would you support or oppose a law to prevent stores near schools from selling tobacco products (e.g., no new tobacco retailers within 1,000 feet of schools)? % Count Support 94.8% 606 Oppose 4.2% 27 Not sure 0.9%6 QUESTION 5 Would you support or oppose a law that limits where stores that sell tobacco can be located within a community (e.g., no new tobacco retailers within 500 feet from existing tobacco retailers)? % Count Support 88.3% 564 Oppose 6.3% 40 Not sure 5.5% 35 QUESTION 6 Would you support or oppose a law that caps the number of tobacco retailers that can be located in Cupertino (e.g., no more than one tobacco retailer per 2,500 residents)? 3 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 298 of 347 % Count Support 87.8% 561 Oppose 5.8% 37 Not sure 6.4% 41 QUESTION 7 Would you support or oppose a law that bans pharmacies from selling tobacco products? % Count Support 85.1% 544 Oppose 6.6% 42 Not sure 8.3% 53 QUESTION 8 Would you support or oppose a law requiring store owners to purchase a local license to sell tobacco? The license fees would cover the cost of checking whether stores follow tobacco laws. % Count Support 92.5% 591 Oppose 4.1% 26 Not sure 3.4% 22 QUESTION 9 Have you used a tobacco product such as cigarettes, e-cigarettes, vape pens, chewing tobacco, in the last 30 days? 4 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 299 of 347 % Count Yes 3.0% 19 No 94.8% 606 Decline to state 2.2% 14 QUESTION 10 Have you used a flavored tobacco product in the last 30 days? (Check all that apply) % Count Yes: menthol cigarettes 0.5%3 Yes: flavored little cigars/cigarillos 0.5%3 Yes: flavored e-cigarettes/vape solution 0.8%5 Yes: flavored smokeless tobacco (chew/snuff)0.2%1 Yes: flavored hookah tobacco (shisha)0.6%4 Yes: other flavored tobacco 0.2%1 No: I don’t use flavored tobacco products of any kind 98.6% 630 QUESTION 11 What category best describes your age: % Count 17 or under 2.7%17 18-24 0.5%3 25-34 3.8% 24 5 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 300 of 347 % Count 35-44 26.9% 172 45-64 53.5% 342 65+7.7% 49 Decline to state 5.0% 32 QUESTION 12 Which category best describes your race/ethnicity? (please check all that apply) % Count American Indian or Alaska Native 0.5%3 Asian 56.5% 361 Native Hawaiian or Other Pacific Islander 0.2%1 White/Caucasian 18.2% 116 Mixed race 1.1%7 Another race 2.7%17 Decline to state 22.1% 141 QUESTION 13 Which category best describes your gender? % Count Female 64.6% 413 Male 25.4% 162 6 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 301 of 347 % Count Gender queer/non-binary 0.2%1 Decline to state 9.9% 63 QUESTION 14 Tell us about yourself (check all that apply). % Count I live in Cupertino 72.6% 464 I work in Cupertino 14.6% 93 I attend school in Cupertino 20.7% 132 I own a business in Cupertino 3.9% 25 None of the above 6.9% 44 QUESTION 15 Would you attend a school-sponsored community meeting regarding the proposed tobacco policies? % Count Yes 49.0% 313 No 13.5% 86 Not sure 37.6% 240 QUESTION 16 What is your zip code? 7 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 302 of 347 Answered 639 Skipped 0 QUESTION 17 Provide additional comments. Answered 114 Skipped 525 8 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 303 of 347 Survey Questions QUESTION 1 Do you think it is easy or difficult for youth under the age of 21 to buy flavored tobacco products in Cupertino? (Flavored tobacco products include menthol cigarettes, little cigars, and electronic cigarettes in flavors such as fruit, candy, and liquor.) • Easy • Difficult • Not sure QUESTION 2 Do you think flavored tobacco products are more appealing to youth than unflavored tobacco products? • Yes • No • Not sure QUESTION 3 Would you support or oppose a law prohibiting the sale of flavored tobacco products, like menthol cigarettes and fruit-flavored electronic cigarettes, in Cupertino? • Support • Oppose • Not sure QUESTION 4 Would you support or oppose a law to prevent stores near schools from selling tobacco products (e.g., no new tobacco retailers within 1,000 feet of schools)? • Support • Oppose • Not sure QUESTION 5 Would you support or oppose a law that limits where stores that sell tobacco can be located within a community (e.g., no new tobacco retailers within 500 feet from existing tobacco retailers)? • Support • Oppose • Not sure QUESTION 6 Would you support or oppose a law that caps the number of tobacco retailers that can be located in Cupertino (e.g., no more than one tobacco retailer per 2,500 residents)? • Support • Oppose • Not sure QUESTION 7 Would you support or oppose a law that bans pharmacies from selling tobacco products? • Support • Oppose • Not sure QUESTION 8 Would you support or oppose a law requiring store owners to purchase a local license to sell tobacco? The license fees would cover the cost of checking whether stores follow tobacco laws. • Support • Oppose • Not sure QUESTION 9 Have you used a tobacco product such as cigarettes, e-cigarettes, vape pens, chewing tobacco, in the last 30 days? • Yes • No • Decline to state QUESTION 10 Have you used a flavored tobacco product in the last 30 days? (Check all that apply) 9 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 304 of 347 • Yes: menthol cigarettes • Yes: flavored little cigars/cigarillos • Yes: flavored e-cigarettes/vape solution • Yes: flavored smokeless tobacco (chew/snuff) • Yes: flavored hookah tobacco (shisha) • Yes: other flavored tobacco • No: I don’t use flavored tobacco products of any kind QUESTION 11 What category best describes your age: • 17 or under • 18-24 • 25-34 • 35-44 • 45-64 • 65+ • Decline to state QUESTION 12 Which category best describes your race/ethnicity? (please check all that apply) • American Indian or Alaska Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White/Caucasian • Mixed race • Another race • Decline to state QUESTION 13 Which category best describes your gender? • Female • Male • Trans • Gender queer/non-binary • Decline to state QUESTION 14 Tell us about yourself (check all that apply). • I live in Cupertino • I work in Cupertino • I attend school in Cupertino • I own a business in Cupertino • None of the above QUESTION 15 Would you attend a school-sponsored community meeting regarding the proposed tobacco policies? • Yes • No • Not sure QUESTION 16 What is your zip code? QUESTION 17 Provide additional comments. 10 | www.opentownhall.com/7851 Created with OpenGov | October 14, 2019, 11:48 AM Healthy Cities Initiative: Tobacco Policies Survey The City of Cupertino is considering tobacco policies and seeking public input on this initiative. ATTACHMENT K11/05/19 305 of 347 Provide additional comments My mother was a life-long smoker. Could not get her to stop smoking. So addiction to tobacco is entrenched problem. I believe that e- cigarettes are addictive, especially for youth. I expect health problems from e-cigarettes similar to the ones that are created by regular cigarettes. Favor all measures that restrict access to tobacco products. Ban smoking all forms of smoking everywhere in Cupertino. Would mean smokers could only smoke inside their own homes, not their yards or doorsteps. It is illegal for anyone under 21 to buy tobacco products. No additional city laws are needed. The state should enforce existing laws.. I oppose the sale of vaping products. don't be stupid and over burden retailers. This will not stop youth from getting tobacco. Coordinate such policies with neighboring cities so that kids just walk to next town and easily get tobacco or tobacco substitute but harmful products like ecigerrates. My son in Cupertino High School told me that he sees older kids using vape pens outside school. That makes me concerned that even he is not using it, he might still get second-hand smoke from it. I support anti tobacco policies Teens are naturally curious about many things, it's not a surprise that they would try smoking,vaping, etc. I don’t think the location of tobacco store will make much of a difference. The kids aren't trying to buy them in stores. They are buying off the black market from “friends” Discouraging young people from smoking or vaping or using flavored tobacco is a parental responsibility and not the business of local governments. I have friends who have died from tobacco related diseases. Please save your citizens lives. We should follow the County guidelines, and not create additional requirements on retailers. ATTACHMENT K11/05/19 306 of 347 I think it's stupid to have a city by city law on tobacco. We should just stick with country regulations. Say no to tobacco. I support banning the sale of all tobacco products in Cupertino. The right thing may not be an easy thing to do in the short term, but the long term benefit of doing the right thing is well worth the extra work and rewarding. Keep Cupertino Clean with NO cigarettes or Vapor None please have a law for no more new business allowed to sell any tabacco I don't support infringing on an adult's rights to use flavored tobacco nor on a business' ability to sell it. I support legislature banning the sale of tobacco products in Cupertino or anywhere else whose marketing is intended to entice anyone under the age of 21 and/or whose packaging resembles candy in any way. I also support tobacco product taxes or business license fees to sell tobacco products whose proceeds will pay to enforce that legislation. Would like for children not to be able to legally purchase any vaping products. Tobacco should be banned in Cupertino! same as tobacco, weed products should apply to the new law It is an acute health hazard among teenagers Please we need to do this to help our children have a clean environment at school and community. Thanks for sending this survey Sad that the city needs to address this issue. Where's the FDA? Vaping is a huge problem at our high school, so anything that can be done to make it harder for kids to get access would be great I dislike these products and think we need more study about their health effects, but I believe adults should be able to buy them in Cupertino. I favor a complete ban on tobacco and e-cigerettes in Cupertino. Knowing about the recent fatalities, I think city of Cupertino should totally ban the sale of any flavored tobacco products throughout the city. ATTACHMENT K11/05/19 307 of 347 Outlaw All vaping products in Cupertino without a prescription from medical doctor. Time to full stop Tobacco 2.0, which is ruining health of so many teens. Thank you for considering tightening access to tobacco products in Cupertino. I want adults 21 and over to be able get these products, but I want it do be difficult and well enforced that people under 21 cannot get these products I hope Cupertino will become the first tabacco-free city in the USA that bans smoking in all public grounds. Tabacco smokers are only allowed to smoke in designated areas where the air will be strictly filtered. Ban all tobacco products including Cigarettes. Just banning e-cigs is going to push vapers towards traditional cigarettes. Either ban everything, or ban nothing. Ban all tobacco products including Cigarettes. Just banning e-cigs is going to push vapers towards traditional cigarettes. Either ban everything, or ban nothing. You should restrict the mailings to areas actually in Cupertino. As a part-time resident of San Jose, I don’t have a a vote here. The community should stand up against the use of tobacco and I will be part of it PSA in schools showing a healthy lung side-by-side with vaping and smoking lung In cases where tobacco products would still be permitted to be sold, I would support an additional sales tax on tobacco and vaping paraphernalia to the maximum amount permitted by law. Education is what is required and will be effective, not regulations trying to restrict supply. If young people want to smoke, they will find a supplier. Illegal drugs is a perfect example of this. Our community borders Santa Clara, Sunnyvale and Cupertino, so cooperation on a new tobacco policy would be extremely beneficial, making these products even harder to access. If there is a proposed law prohibiting any vape products from being sold, there should be a like ban on tobacco cigarettes or cigars. Ban any kind of smoking in all of California. ATTACHMENT K11/05/19 308 of 347 You are doing a great thing, please ban all flavored tobacco products. Cupertino High School has a rest room called Juul Labs. Sam Lawson kids are getting hooked as well. Stats show equal % of vaping adults use flavors. Limits on # of "tobacco" shops prevent vape shops from competing with deadly cigarette shops. My kids attend school in Cupertino one of the flavored tobacco companies had on their website that pretty much has a teen telling her mom " Mom that's just a USB stick". they are blatantly selling to kids. We have to make changes now to the tobacco policies to keep our youth & future safe & healthy. Currently lot of sellers don’t ID kids and hence teens are able to get hold of the vaping / smoking products easily. Illegal selling is going on in our schools is what I have heard too. Must have vape detetectors Don’t get our kids addicted to more harm. No thanks My kids went to CUSD elementary and middle schools. P Teen are easy to be attracted by cigarettes. We should limiting tobacco sale as well as educating kids not to take cigarettes in school. Tabasco kills people and destroys youths! Not any tabaco products near school We need to protect our kids and help them stay away from tobaccos!!! Tobacco needs to be regulated and licensed for selling, and should not be sold near a public area like school or library where has many children. Our address is in CUSD, kids are in high school now. We support local policy to fully ban e-cigarettes, vaping products and or any kind of cigarettes. i suggest no marijuana retail and use in cupertino We live on the border of West San Jose and Cupertino. So I care a lot about Cupertino. I treat myself as a Cupertino citizen. ATTACHMENT K11/05/19 309 of 347 Being an ex-smoker I understand the unhealthy tobacco side effects. I support measures to discourage tobacco use. I’m concerned that these restrictions could discourage grocery stores, gas stations and pharmacies from locating in Cupertino. We NEED these kinds of stores! I support banning the products I wish Cupertino had an ordinance that banned smoking in multi-unit residences similar to Santa Clara County (Ordinance No. NS-625.6) and surrounding communities such as Sunnyvale's 'Smokefree Sunnyvale Law' Tobacco usage should be banned in public places There's enough state and federal laws in regards to tobacco sales. Proper enforcement of existing laws is adequate for preventing minor tobacco consumption. Proposed laws are draconian and place current and future businesses at a disadvantage solely by their location and time of establishment. This is crony capitalism at its worst. I appreciate that the City of Cupertino is considering such policies and has initiated a surveh. As a resident, however, I wish the survey did not pre-decide and impose numbers such as "no new tobacco retailers withn 500 feet of existing tobacco retaliers", "1000 feet from schools" and "no more than 1 tobacco retailer per 2500 residents". The city should provide residents with options for deciding these limits as well, for this to be considered a fair survey. One might oppose these limits because they end up being too relaxed where instead they need to be tightened up. Please reconsider. Our high schools are telling us this is already a huge problem and growing. We need to take action now. I am very concerned about this issue specially the fact that our kids can easily access e-cigarettes Tobacco should not be allowed that’s it Tobacco use should be gradually phased out with education and social pressure. Tobacco use harms everyone, physically and financially. I am more worried about illegal distribution channels that get established within the school and neighborhood. Like the city of Santa Clara, we also need to ban smoking inside apartment buildings and public places. Neighbors who smoke on their balconies are a nuisance. ATTACHMENT K11/05/19 310 of 347 Why only Flavored Tobacco ? Ban tobacco in totality , Learn from Bhutan Please make strict rules that do no get into vaping Nicotine is brain poison. Why are we allowing our kids to be poisoned? Tobacco use is harmful for kids of any age. Please stop sale of tobacco for kids. Stop sale of tobacco to kids or around schools. My children attend Cupertino MS and Homestead HS, I am very concerned with the ease of purchasing e-cigarettes and the prevalence of these devices in the education system. We must object to this new wave of tobacco addicting devices. It's important to ensure children and high schoolers are kept away from harmful substances like tobacco Let’s protect kids in Cupertino! Schools need to be held responsible and accountable in making sure that kids are not exposed to any kind of vaping or drugs. Just as they have taken up upon themselves to reduce bullying in school they need to set strict rules of expelling students or suspending them if found vaping or bringing any drugs to school. Parents send their children to school with the hope that they are well secured/safe and gaining quality education. Schools should do everything possible to educate the students about the adverse effects of vaping, how it can effect their lives, their bodies and their wellbeing. Just like schools educate students these days about the dangers of unprotected sexual misconducts. Schools need to have more stringent rules, sting operations to catch those who are not following the rules and have them expelled for good. Any kind of substance that is known to affect health must be banned from school, including vaping I have children in Cupertino schools. my kids attend school in cupertino. neither they nor their classmates should be exposed to tobacco products of any kind. Tobacco sellers are already licensed by the CDTFA at significant cost to the business, and have routine compliance checks by sting operations. I would support heavier fines and punishments for businesses violating the law by selling to minors, but an additional licensing fee only serves as an added "tax" on business owners (even those in compliance with the law). ATTACHMENT K11/05/19 311 of 347 Laws that support random backpack checks for the sudents The schools management should always be in a lookout for kids who sound suspicious because half of their time is sent in school campus Tobacco is bad, period. I support any law that eliminates the use of tobacco products. There should be no tobacco products sold in the city of Cupertino. It should go on the ballot so the residents can vote for it. The idea of license is not going to make any difference other than provide the city with a source of income. The city should not monetize tobacco sales with a license. Tobacco products should not be sold anywhere near to a school. The 1000 ft for new stores and the 500 ft within existing retailers should not be not be on the survey. City has to curb tobacco sales and make it harder for the kids to be able to find it. Businesses should be able to sell anything anywhere to anyone over 18. There can not be restrictions on what businesses can legally sell. This impedes on free market principles and reduces competition, which ultimately hurts our economy. We should not make regulations that hurt businesses, only ones that truly reduce vaping and tobacco use without harming locals. Please ban tobacco in our city As per some kids in Cupertino School, if you know'right people', it is easy to get tobacco. I oppose this proposal. The restrictions to sell tobacco are already very strict and you have to be 21 to buy tobacco. I agree that flavored tobacco is more attractive to youth (specifically flavored e-cigarettes). I dont beleive that teens are buying flavored e- cigarettes from retail outlets. I beleive they get products from friends and family. I also dont think teens are smoking cigars/chewing tobacco/smoking menthol, they are more interested in vaping. I think that if you need to remember that if you restrict all flavored tobacco - it includes e-cigarettes as well as chew/cigars/cigarettes. These are products that your adult constituents use and should have the right to choose. Restricting e-cigs at retail will not solve the problem, it only restricts adult choice. I think targeting small businesses for more regulation will hurt small business in Cupertino, while teens will continue to get vape products online (through pre paid visa cards) or through adult friends/family that will buy in other towns. I hear there's a black market on the Monta Vista campus for vaping supplies. The school needs to crack down on this activity and suspend students from school if ATTACHMENT K11/05/19 312 of 347 caught with this stuff. Sequoia High School in Redwood City will suspend students for 2 days. Check out their policy. This issue feels manufactured. There are loud and poorly researched alarm bells and the issue requires no action. Stores should be severely penalized if they are found violating the law about sales of narcotixs. e.g. enough bad activities go on behind 7 -11 on Bubb road, but it is thriving. It is a common knowledge among kids. Can we make this in Sunnyvale as well? May be better provide other with option where we have choice to enter our inputs. It is restricted that I have to choose support or oppose or not sure. Uncontrolled tobacco selling will downgrade Cupertino City. N/a This is a school problem. The schools know that students are bringing contraband onto campus, but they refuse to do anything about it, such as regularly bringing K9 on campus to do sweeps, or installing vape detectors. Instead, they want the city council to kick the defenseless businesses around, because abusing businesses is fashionable and acceptable these days. What about THEIR rights? Blank out. This is totally unfair. It is those students who bring contraband onto campus who are violating the existing laws. They are the ones who should be disciplined (suspended) and held accountable. The school board and school principals want to stick their heads in the sand and not admit that this is their problem. They don't want to use readily available and effective policing actions and methods to find the contraband and clearly send a message to the students that contraband won't be tolerated on campus. Instead they want the city to use force against innocent pharmacies and shops to do their dirty work. It's ok to violate business people's rights, but god forbid we hold those students and administrators accountable for their wrong-doings. That's unjust and immoral. When making the law, be sure to include new types of products being introduced in the US such as IQOS : https://www.cnbc.com/2019/04/30/fda-clears-iqos-philip- morris-heated-tobacco-device.html As a nurse, I have seen the adverse effects that come from years of smoking. I have seen the acute distress of patients in hospitals who are in need of a cigarette. I don’t think our young people can see where a smoking addiction will take them. I also think young people need to know other ways to cope with stress. ATTACHMENT K11/05/19 313 of 347 Vaping, with and without THC, is now a teen epidemic that is killing kids. Please start a campaign to ban vaping at the federal level. I'd sign a change.org petition, and I'd like to see it submitted to our congressional reps.Smoking anything in 2019 is barbaric and abusive of children, women and men. These companies just want another gateway drug to hook kids. Let us make it as difficult as possible to for kids to get these products; even if it means completely banning them. Is it a possibility for City to limit the number of print advertising on tobacco / e- cigarette products near schools? I always thought that inhaling a liquid (even if small particles) is not a good idea. Liquid in lungs = pneumonia ATTACHMENT K11/05/19 314 of 347 CITY OF CUPERTINO Legislation Text Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment application to allow 29 units where four (4) units are currently allowed on an 86-acre hillside property, on the west side of the City adjacent to Linda Vista Park, with an average slope of ~48% which would require General Plan Amendments to change the existing General Plan Land Use Designation. (Application No.(s): GPAAuth-2019-01; Applicant: Lixin Chen; Location: APN(s): 356-27 -026, 356-05-007, 356-05-008. Determine if the proposed project described in General Plan Amendment Authorization application (GPAAuth-2019-01) is authorized to proceed to apply for the requested General Plan Amendments. If authorized, adopt Resolution No. 19-134 authorizing a perspective development proposal described in the Canyon View Project General Plan Amendment Authorization application, No: GPAAuth-2019- 01, to proceed with a General Plan Amendment application. File #:19-6397,Version:1 CITY OF CUPERTINO Printed on 10/30/2019Page 1 of 1 powered by Legistar™ 11/05/19 315 of 347 RESOLUTION NO. 15-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS WHEREAS, on December 4, 2014, the City Council adopted an amended General Plan titled Community Vision 2040, which reflects community input, regulatory changes, best practices, and the desire to achieve community-building, sustainability, economic, and fiscal objectives; and WHEREAS, the City has been evaluating various programs to manage development to address development issues in light of concerns about rapid growth and the impacts of such growth overwhelming the City's ability to accommodate it, as well as the substantial impacts of development on quality of life in the community; and WHEREAS, as part of its evaluation process, the City has considered Community Business Incentive Zoning (CBIZ) and Growth Management programs; and WHEREAS, while CBIZ and Growth Management programs can be effective in metering growth and providing for community benefits, they can be difficult to administer, are limited by legal requirements and do not provide the flexibility for managing growth and its substantial impacts on the community; and WHEREAS, California Government Code Section 65358( a) provides that: "If it deems it to be in the public interest, the legislative body may amend all or part of an adopted general plan. An amendment to the general plan shall be initiated in the manner specified by the legislative body ... . ";and WHEREAS, each mandatory element of the City's General Plan may be amended no more than four times during any calendar year and, subject to that limitation, "an amendment may be made at any time, as determined by the legislative body" (Cal. Gov. Code 65358(b)); and WHEREAS, the City's Municipal Code does not address the timing or initiation of general plan amendments; and WHEREAS, rather than pursue a CBIZ or Growth Management program, the City desires to set forth an orderly process, in accordance with its legislative discretion, to consider General Plan amendments and ensure that proposals are fairly considered in light of the City's goals and concerns about growth; and WHEREAS, the City has prepared General Plan Amendment Procedures to provide a process for preliminary review of proposed amendments; and WHEREAS, the City Council conducted a public hearing on the proposed procedures on May 19, 2015, and the Council directed staff to provide more information and options at a future meeting; and WHEREAS, the City held an Open House on the General Plan Amendment Process on June 30, 2015, and the City Council held a Study Session after the Open House; and 11/05/19 316 of 347 Resolution No. 15-078 Page2 WHEREAS, at the Study Session, the Council directed staff to look at options that allowed for applications twice a year and that provided a reevaluation process; and WHEREAS, the procedures include, among other things: (1) notice provisions to ensure the public has an opportunity to comment; (2) evaluation criteria to ensure general plan amendments that move through the application process are in the public interest and meet the City's goals for development, including provision of community amenities; and (3) requirements for requesting preliminary review of a proposed General Plan amendment; and . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby adopts the General Plan Amendment Procedures attached hereto, subject to minor revisions as may be made by the City Manager in consultation with the City Attorney. The City Council hereby authorizes City staff to process proposed General Plan amendments in accordance with the General Plan Amendment Procedures and to take any and all other actions necessary to implement the procedures. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, the 1st day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Sinks, Chang, Vaidhyanathan Paul, Wong None None Grace Schmidt, City Clerk APPROVED: Rod Sinks, Mayor, City of Cupertino 11/05/19 317 of 347 Resolution No. 15-078 Page3 PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS 1. Background/Goals Like many communities throughout the State, Cupertino is concerned about balancing the benefits of economic development with the effects of rapid growth. The impacts of such growth can overwhelm the City's ability to accommodate it and affect the quality of life in the community. The goal is to create a procedure for the consideration of future General Plan amendments that will encourage orderly development of the City and ensure that facility/service and quality of life standards can be met for the community. These procedures only address amendments requested by private parties. The City may initiate General Plan amendments when it deems necessary, such as, to conform to State law or to ensure consistency within the General Plan. 2. Procedure a. The Council will consider the timing and processing of General Plan amendments twice a year, approximately every six months. b. In order to be considered for processing, applicants will be required to apply for authorization to process a General Plan amendment by a designated date. c. In the quarter following the due date (generally), the Council will hold a publicly noticed meeting to preliminarily review the list of proposed General Plan amendments. d. Noticing-City-wide postcard and public meeting requirements. e. Each application will be preliminarily evaluated for the following: (i) General Plan goals achieved by the project including, but not limited to, the following: (1) Site and Architectural design and neighborhood compatibility (2) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other revenue provided by the project) including a diverse economic base (3) The provision of affordable housing ( 4) Environmental Sustainability (ii) General Plan amendments (and any other zoning amendments or variances) requested. (iii) Proposed voluntary community amenities, as defined in Section 3, if any. (iv) Staff time and resources required to process the project. f. Based on the above evaluation the Council will consider which projects, if any, will be authorized to proceed with a General Plan amendment application. The decision does not in any way presume approval of the amendment or project. It only authorizes staff to process the application, but the City retains its discretion to consider the application in accordance with all applicable laws, including the California Environmental Quality Act 11/05/19 318 of 347 Resolution No. 15-078 Page4 (" CEQA") and the City's zoning laws and ordinances. Consideration of the application will be in accordance with the City's Municipal Code and regulations. g. Staff will begin processing the General Plan amendment applications per Council direction. A project that applies for processing should be in substantial compliance with the project authorized by Council. h. Proposals not authorized by the Council at the first meeting (per 2.c. above) may be resubmitted with minor amendments within 30 days. Such projects will be considered by the Council at a future public meeting, noticed per the Cupertino Municipal Code, after staff review. 3. Voluntary Community Amenities a. For purposes of this policy, voluntary community amenities are defined as facilities, land and/or funding contributions to ensure that any development with a General Plan amendment application enhances the quality of life in the City, including enhancements of the following: (i) School resources (ii) Public open space, such as parks and trails (iii) Public facilities and utilities, such as library, community center or utility systems (iv) Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations 4. Preliminary Review Requirements a. Preliminary documents that would be typically required for the type of application that is requested, such as site plans, preliminary landscape plans, elevations, cross sections, preliminary grading plans and proposed materials. b. A description, including graphics, of the General Plan amendment(s) and land use approvals required, if any. The description should include diagrammatic information as necessary to clearly explain the request. c. An explanation of how the proposed project meets the overall goals of the General Plan and the benefits/impacts of the project to the community and its quality of life. d. A brief summary of net fiscal impacts. e. In order to provide the public with early notice and opportunity to provide input, to the extent the proposed project includes voluntary community amenities, as defined in Section 3 above, of a type typically memorialized in a development agreement, the applicant should include a Term Sheet explaining the proposed terms. The Term Sheet will be memorialized in a Development Agreement as part of the project, if approved. 11/05/19 319 of 347 OPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREALOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 13LOT 14LOT 16LOT 15LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25OPEN AREAWATERCOURSEWATERCOURSEPROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577T1 PROPOSED SITE PLAN + SITE DATA1"=150'---VICINITY MAPNOTES3001507501501" = 150'GRAPHIC SCALE( IN FEET )GENERAL INFORMATIONCUPERTINOPROPERTYADDRESS:APN:ZONE:RHSCURRENT SITE DATALOT AREA:3682207 sqft.ZONE:PROPOSED SITE DATAPROPOSEDSUBDEVISION:25 LOTS / 25 UNITSAPN:ROAD AREA:85348 sqft.LOT AREA:3682207 sqft.= 84.531 ACREDENSITY:1 TO 5 / ACREPROJECTDENSITY:25 UNITS / 84.531 ACRE=0.295 UNIT PER ACRELEGENDPROPOSED SITE PLAN + SITE DATAT-1SHEET INDEXPROPERTY LINESUBDIVISION LINEPROPOSED ROADDEVELOPMENTAREA:455572 sqft. = 10.458 ACREPROPOSED TRAILA-1PROMINENT RIDGELINE LEGENDWATERCOURSEDEVELOPMENT PLANSLOPE ANALYSISA-2A-3DEVELOPMENT PLAN + PROPOSED BUILDINGSDEVELOPMENT PLAN + SATELLITE MAPA-4PROMINENT RIDGE LINES + SATELLITE MAPT-211/05/19 320 of 347 LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 13LOT 14LOT 16LOT 15LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25OPEN AREAPROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577T2PROMINENT RIDGE LINES/ SATELLITE MAP1"=150'---3001507501501" = 150'GRAPHIC SCALE( IN FEET )PROMINENT RIDGELINE LEGEND11/05/19 321 of 347 OPEN AREAOPEN AREAOPEN AREAOPEN AREAOPEN AREA112642 SF(0.290 AC)SLOPE 30.77%211630 SF(0.267 AC)SLOPE 24.03%310175 SF(0.233 AC)SLOPE 17.24%410371 SF(0.238 AC)SLOPE 30.61%511565 SF(0.265 AC)SLOPE 29.01%651862 SF(1.191 AC)SLOPE 20.24%1223206 SF(0.533 AC)SLOPE 26.05%1124890 SF(0.571 AC)SLOPE 23.71%1014617 SF(0.336 AC)SLOPE 29.76%927462 SF(0.630 AC)SLOPE 29.28%833218 SF(0.762 AC)SLOPE 26.46%733533 SF(0.770 AC)SLOPE 27.91%1311244 SF(0.258 AC)SLOPE 30.84%1412243 SF(0.281 AC)SLOPE 29.36%1620219 SF(0.464 AC)SLOPE 27.31%1515705 SF(0.361 AC)SLOPE 29.77%1713141 SF(0.301 AC)SLOPE 13.52%1814864 SF(0.341 AC)SLOPE 25.14%1913077 SF(0.300 AC)SLOPE 32.25%2024593 SF(0.565 AC)SLOPE 29.09%2111671 SF(0.268 AC)SLOPE 30.90%2210108 SF(0.232 AC)SLOPE 20.28%2312006 SF(0.275 AC)SLOPE 29.85%2418935 SF(0.435 AC)SLOPE 28.89%2512574 SF(0.288 AC)SLOPE 30.04%OPEN AREAPROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577A1 DEVELOPMENT PLAN1"=50'---10050250501" = 50'GRAPHIC SCALE( IN FEET )11/05/19 322 of 347 112642 SF(0.290 AC)SLOPE 30.77%211630 SF(0.267 AC)SLOPE 24.03%310175 SF(0.233 AC)SLOPE 17.24%410371 SF(0.238 AC)SLOPE 30.61%511565 SF(0.265 AC)SLOPE 29.01%651862 SF(1.191 AC)SLOPE 20.24%1223206 SF(0.533 AC)SLOPE 26.05%1124890 SF(0.571 AC)SLOPE 23.71%1014617 SF(0.336 AC)SLOPE 29.76%927934 SF(0.641 AC)SLOPE 29.28%833218 SF(0.762 AC)SLOPE 26.46%733533 SF(0.770 AC)SLOPE 27.91%1311244 SF(0.258 AC)SLOPE 30.84%1412243 SF(0.281 AC)SLOPE 29.36%1620219 SF(0.464 AC)SLOPE 27.31%1515705 SF(0.361 AC)SLOPE 29.77%1713141 SF(0.301 AC)SLOPE 13.52%1814864 SF(0.341 AC)SLOPE 25.14%1913077 SF(0.300 AC)SLOPE 32.25%2024593 SF(0.565 AC)SLOPE 29.09%2111671 SF(0.268 AC)SLOPE 30.90%2210108 SF(0.232 AC)SLOPE 20.28%2312006 SF(0.275 AC)SLOPE 29.85%2418935 SF(0.435 AC)SLOPE 28.89%2512574 SF(0.288 AC)SLOPE 30.04%100005400200064007400840094003000400050006000700080009000200010000110001200013000140001500016000170001800019000200002100022000230002000240002500026000270002800029000300003100032000330003400035000ELEVATION (INCH)ROAD LENGTH (INCH)ROAD SLOPE CROSS-SECTION (INCH)AVERAGE ROAD SLOPE 12.57%PROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577A2 SLOPE ANALYSIS1"=50'---10050250501" = 50'GRAPHIC SCALE( IN FEET )SLOPE ANALYSISSLOPE LEGEND (%)11/05/19 323 of 347 PROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577A3 DEVELOPMENT PLAN / PROPOSED BUILDINGS1"=50'---10050250501" = 50'GRAPHIC SCALE( IN FEET )11/05/19 324 of 347 PROJ ENGR:DRAWN BY:SCALE:SURVEYED BY:CHECK BY:DATE:SHEET NO. JOB NO.LINDA VISTA DRIVECUPERTINO, CA 95014APN 356-27-026, 356-05-007, 356-05-008, 356-05-005CANYON VIEWPROJECT17-203OF 6 SHEETS4-24-17REVISIONS3BY21654DATESC DESIGN GROUP20370 town center ln suit 139cupertino ca 95014408-865-0577A4DEVELOPMENT PLAN/ SATELLITE MAP1"=50'---10050250501" = 50'GRAPHIC SCALE( IN FEET )11/05/19 325 of 347 CANYON VIEW PROJECT GENERAL PLAN AMENDMENT AUTHORIZATION Comprehensive Project Description 2 Project Plans 3 Overview 3 General Plan Land Use Designation 4 Proposed Program 5 Site Area 5 Environmental Assessment 5 Road Access 6 Trail Linkage 6 Residential Hillside (RHS) Zones 7 Watercourse 8 Hillside Subdivisions 8 Landscaping 8 Protected Trees 9 Parking 10 Subdivision Improvements 10 Summary of Net Fiscal Impacts 10 Voluntary Community Amenities 11 1 11/05/19 326 of 347 Comprehensive Project Description The objective of this project is to create a top-quality and low-density planned development of 25 residential lots (total 29 units) in an 86-acre property next to Linda Vista Park. The property consists of 3 parcels currently zoned as RHS-218 Very Low Density that require a minimum lot size of five (5) acres with the required lot size increasing as the average slope increases. Based on the current density designation and average slope, the total property yields 4 residential lots. In order to better utilize the land, instead of building four mansions for the rich, we seek to apply and obtain a General Plan Amendment Authorization and General Plan Amendment to change the zoning to RHS-10 Low Density (a gradual density increase that’s consistent with the low-density areas surrounding the site) with minimum lot size 10,000 square feet, and build 29 units for working families. Specifically: Requested Amendment Current Proposed ●RHS-218 very low density ●4 residential lots ●RHS-10 low density ●25 residential lots total 29 units ○23 SFR lots ○2 lots with up to 6 affordable housing units 2 11/05/19 327 of 347 The proposed project meets the overall goals of the General Plan and benefits the community in the following ways: 1.Provide much-needed high quality single family homes for working families; 2.Start construction as soon as the entitlement is obtained; 3.Develop a park-like low-density community that preserves and improves hillside environment; 4.Provide affordable housing units (6 units instead of the 4.35 units required); and 5.Provide trail linkage from Linda Vista Park to Stevens Creek County Park. Project Plans Overview The current plan is more of a conceptual design, not a final design. While we tried to address the comments / feedback from all relevant departments and stakeholders, the plan doesn’t go into the required details for a formal approval of the final GPA, but demonstrates the high level feasibility that should provide enough information for the GPA Authorization process. Once the GPA Authorization is approved by the City Council, a much more detailed study and design will be conducted to satisfy the requirements from all relevant departments and stakeholders including but not limited to Planning Department, Public Works, Santa Clara County Fire Department, and Cupertino Sanitary District. 3 11/05/19 328 of 347 General Plan Land Use Designation The property consists of 3 parcels. The total site area is 86 acres currently zoned as RHS-218 Very Low Density, with Residential Land Use Designation Very Low Density (5-20 Acre Slope Density Formula), and yields 4 SFR homes: Parcel Size in Acres Average Slope Lot Yields 356-05-007 50.26 > 30% 2.5 356-05-008 2.19 > 30% 0.1 356-27-026 33.66 > 30% 1.7 Total 86.11 4.3 We propose to change the Residential Land Use Designation to Low Density (1-5 DU/Ac.), and develop 25 residential lots with slope density calculation listed below: Lot # Slope % Lot Size in SQFT FAR in SQFT 1 30.77 12,642 3,260 2 24.03 11,630 3,630 3 17.24 10,175 4,021 4 30.61 10,371 3,165 5 29.01 11,565 3,283 6 20.24 51,862 5,920 7 27.91 33,533 4,317 8 26.46 33,218 4,431 9 29.28 27,462 3,938 10 29.76 14,617 3,360 11 23.71 24,890 4,279 12 26.05 23,206 4,014 13 30.85 11,244 3,202 14 29.36 12,243 3,288 15 29.77 15,705 3,405 16 27.31 20,219 3,782 17 13.52 13,141 4,440 18 25.14 14,864 3,702 4 11/05/19 329 of 347 19 32.25 13,077 3,278 20 29.09 24,593 3,832 21 30.90 11,671 3,220 22 20.28 10,108 3,812 23 29.85 12,006 3,244 24 28.89 18,935 3,606 25 30.04 12,574 3,257 Proposed Program We propose to carry out a high-quality and low-density planned development of 25 residential lots, each with a minimum size of 10,000 sq. ft., specifically: Type # of Lots # of Units 2nd Dwelling Unit Size of Unit Market-Rate SFR 23 23 Possible 3,000 to 5,000 sq. f.t Below-Market-Rate Townhouse 2 6 Not applicable 1,000 to 1,100 sq. ft. To be consistent, the Below-Market-Rate Townhouses (Lot # 4 and # 5) will be designed in a way that they appear indistinguishable from the street from the rest of the top-quality SFR homes. Site Area The 25 lots sum up to 10.46 acres of development area, which accounts for 12% of total land: Site Area Acres Square Feet Percentage Development 10.46 455,5721 12% Roads 1.96 85,348 2% Open Space 79.69 3,210,032 86% Total 86.11 3,750,952 100% Environmental Assessment ASTM Phase I Environmental Site Assessment was conducted by Haley & Aldrich, Inc. in April 2018, and the full report has been sent to and reviewed by the City planner. In summary, no “recognized environmental conditions” (REC), historical RECs (HREC), and controlled RECs (CREC) were identified in the study. The ASTM E 1527-13 Standard defines a REC in part as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.” 5 11/05/19 330 of 347 Although no environmental conditions were identified in the initial Environmental Assessment, due to the difficulty to access and complexity of the old quarry site, we propose to only develop the non quarry area close to Linda Vista Drive, and leave the quarry site undisturbed. A more comprehensive Environmental Impact Review (EIR) will be conducted if required. Road Access The site will be accessed from the Linda Vista Park entrance on Linda Vista Drive and will allow full access for fire trucks, as enabled by the turnarounds at the hillside cul de sac. The roadways will be privately maintained. Trail Linkage In Chapter 9: Recreation, Parks and Community Services Element of the General Plan, a trail linkage to the public open space is proposed. Furthermore, in 2014, a comprehensive feasibility analysis was conducted by Parkside Trails Feasibility Study, the portion of the trail linkage in our property is marked as the black curved line in the figure below: We will build the trail alongside the access road, and provide required easement for the rest of the portion - a major benefit we desire to contribute to the community. 6 11/05/19 331 of 347 Residential Hillside (RHS) Zones The development is located in residential hillside, so it will follow the ordinance in Cupertino Municipal Code Chapter 19.40: Residential Hillside (RHS) Zones, to preserve the natural setting in our hillsides: 1.The minimum lot size will be 10,000 square feet, as required for a hillside subdivision, which reinforces the predominantly low-intensity setting of the community; 2.The development will maintain a balance between residential development and preservation of the natural hillside setting; and 3.There are 15 lots on or close to the prominent ridgelines, as you can see in the figure below which shows the location of the prominent ridgeline in relation to the proposed parcels and building pads. We will follow the guidelines adopted by the City Council in 1993 which require a design for added structures that will not disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor. 7 11/05/19 332 of 347 Watercourse The figure in the “Trail Linkage” Section illustrates the natural watercourses within or close to the property, and shows that proposed development will not interfere with the natural watercourses: Hillside Subdivisions Since this is a Planned Development, not a pure Hillside Subdivision, the ordinance in Cupertino Municipal Code Chapter 18.52: Hillside Subdivisions might not completely apply. However, in the interest of creating a top-quality community, we will comply with all the applicable requirements: 1.All the development lots are clustered and number of lot clusters is minimal as shown in the site plan below: 2.86% of the land will be reserved as private open space to protect the unique characteristics of the hillsides from adverse environmental impacts, and open space area is contiguous to the greatest extent possible. The private open space will be privately maintained; 3.The development is labeled “urban fringe development” since the average size per lot is less than 2.5 acres, therefore, we will comply with the street and utility improvements ordinance for urban fringe development. Landscaping The development will follow Cupertino Municipal Code Chapter 14.15: Landscaping Ordinance to reduce water waste in landscaping: 1.Our design principles will preserve the natural hillside environment and minimize any form of landscaping -- the best way to reduce landscape irrigation needs; 2.We will incorporate low-water use plants as much as possible in landscaping; and 8 11/05/19 333 of 347 3.Overall, we will design irrigation systems that meet or exceed average landscape irrigation efficiency. Protected Trees Trees populate this property and are considered valuable assets and are highlights of this project. Ourdevelopment will follow Cupertino Municipal Code Chapter 14.18: Protected Trees to preserve trees, especially protected trees, in the following ways: 1.Roads and homes will be designed and constructed thoughtfully to protect trees. Land without mature trees will be used as much as possible, to minimize tree removals. The chart below shows the proposed roads and building pad as overlayed with Google Maps: 2.If protected trees must be removed, we will follow the proper procedure to apply and obtain Tree Removal Permits, and replace them as required; 3.Furthermore, we plan to add trees along the road, turning the neighborhood into a beautiful park. 9 11/05/19 334 of 347 Parking The development will follow Cupertino Municipal Code Chapter 19.124: Parking Regulations and each dwelling unit will provide the required garage and front-yard parking which will be situated on the natural grade of each lot. Subdivision Improvements The development will follow Cupertino Municipal Code Chapter 18.32 : Subdivision Improvements to provide adequate storm drainage, sanitary sewers, water, and utilities: 1.We will design a storm drain system to protect abutting and offsite properties that would be adversely affected by an increase in runoff attributed to the development; 2.Sanitary sewer systems for each unit of the development will be connected to the public sewer system at Linda Vista Drive, therefore, no septic tank is needed to best preserve the hillside setting. Cupertino Sanitary District has reviewed the plans and have determined that there is sanitary sewer service available for the 25 lot subdivisions 3.The development will be served by San Jose Water and no well is needed to minimize any adverse disruption to the natural environment; 4.Each unit in the development will be served by gas, electric, telephone and cablevision facilities. All utilities will be connected to Linda Vista Drive, and kept underground whenever possible to provide the best natural view of the hillside. Summary of Net Fiscal Impacts To be prepared by City consultant. 10 11/05/19 335 of 347 Voluntary Community Amenities We plan to contribute the following voluntary community amenities, and are open to other ideas from the City and the community: 1.Build and/or provide required easement for a trail linkage from Linda Vista Park to the public open space, as proposed in the Parkside Trails Feasibility Study; 2.Provide more affordable housing units (6 units instead of the 4.35 units required) SC Design Group 20370 Town Center Ln. Suit 139 Cupertino, CA 95014 408-865-0577 11 11/05/19 336 of 347 M E M O R A N D U M To: Erick Serrano, City of Cupertino From: Economic & Planning Systems, Inc. Subject: Fiscal Analysis of the Canyon View GPA Application; EPS #191050 Date: October 16, 2019 The City of Cupertino retained Economic & Planning Systems, Inc. (EPS) to prepare this fiscal impact analysis of an application for a General Plan Amendment (GPA). The applicant is proposing a low-density residential development on an 86-acre site composed of three parcels. The proposed development envisions 25 residential lots, including 23 single- family residences (SFR) and two lots planned for up to 6 below-market- rate (BMR) townhomes, yielding a total of 29 dwelling units. The EPS analysis assesses the effect of the proposed development on the City of Cupertino’s General Fund. The objective of the analysis is to quantify whether the proposed GPA will generate adequate revenues to cover the costs of providing ongoing services to new residents. The analysis does not consider the impact of the proposal on potential capital facilities cost requirements or other one-time costs. This fiscal analysis is intended as a planning-level document to inform land use policy. EPS does not employ specific assumptions about the real estate product formats or the composition of the households that will occupy the proposed housing. The analysis does reflect typical housing development in the Cupertino hills and household characteristics that reflect the anticipated real estate price points. The analysis is based on the City’s 2018-19 Actual General Fund Revenues and Expenses and presents findings in constant 2019 dollars. A summary of fiscal impact estimates attributable to proposed GPA is provided below. Actual fiscal impacts will depend on a number of factors that cannot be predicted with certainty, including the market performance of the project, future changes in City or State budgeting practices, and the efficiency of various City departments in providing services. Key analytical inputs and assumptions used in this analysis are from the GPA application, City documents, information from City staff, and EPS industry knowledge. EPS has not performed detailed market research as part of this study effort. 11/05/19 337 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 2 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Summary of Findings 1. The proposed Canyon View project will result in an annual net fiscal benefit to the City of Cupertino General Fund. This analysis estimates that the net annual fiscal impact of the GPA proposal on the City’s General Fund is approximately $71,000. Table 1 presents the estimated fiscal impact, assuming market rate home prices averaging $4 million per unit and for-sale BMR home prices of $840,000 per unit. The market rate home price reflects recent home sale transactions, and the BMR home price is calculated based on income limits set by the California’s Department of Housing and Community Development. Table 1 Annual Fiscal Impact Summary (2019$) 2. At project buildout, property tax will account for the largest revenue source to the City. The City of Cupertino will receive 7.0 percent out of the 1.0 percent base property tax levied on property in the City. At $4 million per market rate unit and $840,000 per BMR unit, the total assessed value of the development is $97 million. Subtracting out the assessed value of the existing vacant land results in a net addition of $93.5 million to the City’s assessment roll. The total amount of property tax collected is estimated at $935,000, and the City’s General Fund receives $65,500. The property tax calculation relies on the home price assumptions for market rate and BMR homes. For market rate homes, there are several factors that could affect how the home price is set. As an example, the size and specific characteristics of the proposed home development, including choice of finishes and construction materials influences the resulting home price. For instance, the developer may choose to use materials of a higher cost, which would likely raise the market price for the home. Given this potential variation in market rate home prices, EPS evaluated two additional scenarios to illustrate the range of the General Fund fiscal impact that the development could have. If the market rate home price is set at $3 million instead of $4 million, the net impact of the GPA on the General Fund would be about $25,000 lower. On the other hand, if the market rate home price is set higher at $5 million, the net impact of the project on the General Fund would increase by roughly Revenue / Expense Category Fiscal Impact at Project Buildout General Fund Revenues $114,000 General Fund Expenditures $43,000 Net Impact on General Fund $71,000 11/05/19 338 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 3 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx $25,000.1 This sensitivity test suggests that the annual net fiscal impact of the project on the City’s General Fund could range from about $46,000 to $96,000 based on the specified spectrum of potential home pricing. Fiscal Impact on the General Fund This section describes the methodology and key assumptions used to estimate the fiscal impacts of the proposed GPA. The analysis is based on information from three key sources: (1) the GPA application material submitted (2) interviews with City planning and finance staff (3) existing EPS industry knowledge EPS has not conducted an independent audit of the City’s budget, performed in-depth interviews with service-providing City departments, or conducted detailed market analysis. Proposed General Plan Amendment The applicant is proposing a residential project to be developed on an 86-acre site located next to Linda Vista Park. The proposed development envisions 23 single-family residences on 23 lots and 6 BMR townhomes. The market rate homes range from 3,000 to 5,000 square feet, and the BMR townhomes range from 1,000 to 1,200 square feet. Table 2 below presents the proposed GPA program identified by the applicant. The table also presents EPS assumptions concerning the population that would be supported by the project at buildout. A variety of revenues and costs included in this fiscal analysis are based on the anticipated “service population” shown in Table 2. Table 2 Development Program and Service Population 1 This sensitivity analysis reflects potential variation in the market performance of the proposed housing. The City has limited ability to influence market positioning after project entitlement. Item Population Service Population Residential For-Sale Market-Rate 23 DU 2.97 Residents / HH 68.3 68.3 Below-Market-Rate 6 DU 2.97 Residents / HH 17.8 17.8 Total 29 DU 86.1 86.1 Resident Density Assumptions (1) Development Program (1) Household resident densities vary based on product type. EPS assumptions reflect citywide average (State of California Department of Finance). Assumes persons per household will be the city average of 2.97. 11/05/19 339 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 4 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx General Fund Revenues New General Fund tax proceeds attributable to the proposed GPA will include sales tax, property tax, property tax in lieu of vehicle license fee (VLF), property transfer tax, TOT, utility user tax, and franchise fees. Table 3 provides a summary of the Cupertino 2018-19 Actual General Fund Revenues and a description of the forecasting method relied upon for each relevant revenue source. Table 3 FY2018 - 19 Revenue Budget Summary and Fiscal Impact Estimating Factors FY2018-2019 Total Sales Tax $23,933,459 Business to Business Sales Tax - not applicable Other Sales Tax 1.0% of estimated taxable sales Property Tax Property Tax in Lieu of VLF $8,219,090 0.4% of Citywide Assessed Value Other Property Tax $25,229,390 7.0% of base property tax rate (1%) Transient Occupancy Tax $8,066,178 - not applicable Utility Tax $2,814,223 2.4% of utility bills Franchise Fees $3,093,283 $38.75 per service population Business License $876,455 Apartments n/a - not applicable Hotel n/a - not applicable Other Commercial n/a - not applicable Other Taxes $2,038,087 Construction Tax - not estimated Property Transfer Tax $481,722 $0.55 per $1,000 in value Licenses & Permits $4,097,723 - not estimated Fines & Forfeitures $1,642,227 - not estimated Use of Money & Property $473,942 - not estimated Intergovernmental $10,651,160 - not estimated Charges for Services $450,675 - not estimated Miscellaneous $1,104,017 - not estimated Total Revenues $92,689,909 Estimate Project RevenueItem Factors Applied to 11/05/19 340 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 5 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Retail Sales Tax Revenue The proposed GPA is expected to generate retail sales tax revenue accruing to the City from project residents’ household spending on retail in the City (Table 4). This fiscal analysis relies on data from the U.S. Bureau of Labor Statistic Consumer Expenditure Survey to establish the retail spending pattern of households. The spending patterns reflect household consumer behavior observed nationally for households with specified levels of annual income. This analysis uses anticipated residential price points to estimate household income. Then, to identify taxable retail expenditures made by project households, the analysis identifies and isolates taxable retail spending from total household spending. The analysis estimates that for market-rate units, households spend approximately 18 percent of gross household income on taxable retail purchases. For the below-market-rate housing units, this analysis estimates that 26 percent of gross household income is spent on taxable retail purchases. The analysis assumes that about 25 percent of the taxable retail spending of new residents will be captured within the City. Local taxable spending in Cupertino is multiplied by project households to determine average annual taxable sales. Table 4 Sales Tax Estimate Item Factor/ Estimate Project Households Retail Purchases in Cupertino Estimated Annual Household Income (1) Market Rate 35%of income is Housing Costs $487,509 Below Market Rate 35%of income is Housing Costs $130,100 Household Taxable Retail Spending (2) Market Rate 17.6%percent of income $85,822 Below Market Rate 26.2%percent of income $34,096 Weighted Average Household Spending $75,120 Household Retail Spending in Cupertino (3)25%of retail expenditures $18,780 Project Households 29 Net New Taxable Retail Sales Captured in Cupertino $544,623 Total Sales Tax Revenue 1.0%of taxable sales $5,446 (2) Based on Bureau of Labor Statistics Consumer Expenditure Survey for respective income groups. Sources: State Board of Equalization, ICSC Research Survey, U.S. Bureau of Labor Statistics Assumptions (3) Assumes 25 percent of taxable retail spending by Cupertino residents is captured by the retailers within the City based on discussions with the City's Economic Development Manager. (1) Income estimate relies on typical mortgage financing and the assumption that housing costs represent 35 percent of gross household income. 11/05/19 341 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 6 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Property Tax Revenue Property tax revenue estimates are based on the estimated assessed value of the proposed project. Relying on the applicant’s proposed development program, EPS estimates the project’s assessed value at about $97 million at buildout, as shown in Table 5. The City levies a one percent property tax rate, with approximately 7.0 percent allocated to the General Fund.2 Table 5 Property Tax Revenue 2 Property tax rate anticipated at project delivery; City of Cupertino 2016-17 Adopted Budget, page 80. Land Use Total at Buildout Assessed Value Estimate Market Rate (For-Sale)$4,000,000 per Unit $92,000,000 Below Market Rate (For-Sale)$840,000 per Unit $5,040,000 Total Assessed Value $97,040,000 (Less) Existing Raw Land AV (1)-$3,500,000 Property Tax 1.0%Base Property Tax Rate $935,400 Cupertino General Fund Revenue (2)7.0%Allocation to Cupertino General Fund $65,478 Property Tax In Lieu of VLF Existing Citywide Property Tax in Lieu of VLF $8,219,090 Citywide Assessed Value (3)$23,402,123,229 Project Net Assessed Value Increase (4)0.41% Property Tax In Lieu of VLF Revenue (5)$34,082 (1) Santa Clara County Office of the Assessor (Property Information as of 6/30/2019) (2) Legislation requires Counties to provide "no/low tax" cities with a Tax Equity Allocation equal to 7 percent of property tax share. (3) FY2018-2019 value based on secured assessed value from Santa Clara County's Annual Assessor's Report. (5) Calculated by multiplying existing property tax in lieu of VLF by project net assessed value increase. Assumption / Factor (4) Calculated by dividing the new assessed value by citywide assessed value. 11/05/19 342 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 7 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Property Tax In Lieu of VLF In 2004, the State of California adjusted the method for sharing VLF with local jurisdictions. Recent State budget changes replaced VLF with property tax, which grows proportionately with increases in assessed value of the City. The proposed project will add about 0.41 percent to the current assessed value in Cupertino (assuming no other assessed value growth for simplification purposes) and will generate the same increased percentage in in-lieu VLF revenues, as shown in Table 5. Property Transfer Tax The project will generate real estate transfer tax revenue associated with future turnover in ownership. This analysis assumes that ownership of market rate homes is likely to turnover approximately every 16 years, an annual turnover rate of 6.0 percent. The ownership of BMR homes is estimated to turnover every 25 years, an annual turnover rate of 4.0 percent. The property transfer tax rate accruing to the City General Fund is $0.55 per $1,000 of the property value, as shown in Table 6. Table 6 Property Transfer Tax Revenue Land Use Annual Total at Buildout Property Value Market Rate (For-Sale)1 $4,000,000 per Unit $92,000,000 Below Market Rate (For-Sale)2 $840,000 per Unit $5,040,000 Total $97,040,000 Average Annual Turnover Market Rate (For-Sale)6.0% per Unit $5,520,000 Below Market Rate (For-Sale)4.0% per Unit $201,600 Total $5,721,600 Property Transfer Tax Revenue $0.55 per $1,000 in value $3,147 (1) EPS assumption based on comparable sales in neighborhood. In-depth market study not prepared. (2) EPS assumption based on City of Cupertino and HUD income limits for affordable housing. Assumption / Factor 11/05/19 343 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 8 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Utility Tax The City of Cupertino collects tax revenue on utility charges for services provided in the City. New residents will expand the use of utilities in the City. This analysis estimates an average monthly utility expense of $95 per resident. The City of Cupertino collects 2.4 percent of utility charges. Table 7 presents utility user tax revenue attributable to the proposed project at buildout. Table 7 Utility User Tax Revenue Revenues from Other Taxes and Fees In addition to the key revenues described above, other taxes and fees are estimated to be generated by the project. Specifically, franchise fee revenue, which reflects an average derived from City budget documents (see Table 4), is calculated for the residential development. Table 8 presents forecasting assumptions and the revenue estimate. Table 8 Revenue from Other Taxes and Fees General Fund Expenditures This fiscal analysis estimates the costs attributable to population growth by characterizing how expenses will change for each City department. For some departments, population growth in the City will not dramatically alter operations. For example, administrative functions in the City are not likely to scale up significantly to accommodate new projects. Alternatively, departments that Item Annual Total at Buildout Total Residential Population 86 Residents Monthly Utility Cost $95 per resident per month Annual Total $98,188 Utility User Tax Revenue 2.4% of utility bill $2,357 Assumption Item Annual Total at Buildout Franchise Fees (1)$38.75 per service population 86 service pop.$3,338 Subtotal $3,338 Allocation Factor Project Characteristic (1) Franchise Fees based on existing general fund revenue per capita. 11/05/19 344 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 9 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx provide services directly to residents and businesses likely will increase their operations and costs to accommodate new populations. It is important to note that a range of external factors may influence responses to growth and cost effects in the future. Examples of factors that are beyond the control of the City and its departments that may act to magnify or reduce department costs over time include: • Regional growth; • Technology; • State and federal policies; and • Environmental factors. This study does not speculate regarding the potential effects of such exogenous influences on the general fund expense budget. It focuses only on those factors attributable directly to the population growth, employment growth, and land use changes generated by the proposed GPA. The fiscal analysis model relies on categorization of the likely budgetary response to population and employment growth for each department. The anticipated response to growth is expressed for fiscal modeling purposes in terms of “fixed expenses” and “variable expenses” within the department budget. The fixed expenses are the portion of a City department’s budget which is not affected by population and employment growth. Even a department which is anticipated to grow largely in step with the City’s service population likely would have some fixed cost. For example, in most cases each department has only one director position, which is a fixed expense for the department. While the department may increase staffing to accommodate growth, the department will not add another director. The variable expenses of a department are those that do increase with growth. As the City grows, increased demand for services requires some departments to scale up operations to meet new demand. The portion of a department’s budget that scales up is identified as the variable share of the budget. EPS uses a per-capita cost approach to estimate department costs attributable to new residents and workers. The variable portion of each department budget is used to determine the per-capita cost, as shown in Table 9. Then, to determine the new General Fund expenditures generated by the proposed project, the per-capita factors are multiplied by the projected increase in service population or population, as appropriate. Innovation and Technology and Non-Departmental expenditures are not estimated because the project is not expected to generate new ongoing costs in to these service providers. 11/05/19 345 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 10 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Table 9 FY2018-2019 Expenditure Budget Summary and Fiscal Impact Estimating Factors Item City General Fund Expenses (FY2018-2019) Percent Variable (1) Annual Variable Expenses Per Capita General Fund Expense Project Population/ Service Population Annual Total at Buildout General Government (2)$10,480,557 10%$1,048,056 79,822 Service Pop.$13.13 86 $1,131 Police (3)$13,108,731 90%$11,797,858 79,822 Service Pop.$147.80 86 $12,730 Innovation and Technology (4)$3,026,189 N/A N/A N/A N/A N/A N/A N/A Recreation & Community Services $8,998,222 75%$6,748,667 59,897 Population $112.67 86 $9,704 Planning & Community Development $9,024,628 50%$4,512,314 79,822 Service Pop.$56.53 86 $4,869 Public Works (5)$18,339,121 75%$13,754,341 79,822 Service Pop.$172.31 86 $14,841 Non-Departmental $19,376,096 N/A N/A N/A N/A N/A N/A N/A Total Expenditures $82,353,544 $43,276 (1) Percentage of costs that are population-dependent, as opposed to fixed costs or costs recovered through fees or charges. (2) Includes Administration, Administrative Services, and Council and Commissions. (4) Formerly known as Public Affairs and includes services such as videography, applications, IT and GIS. Sources: City of Cupertino FY2018/19 Actuals Estimating Factors (3) Reflects the contract portion of the police department's budget. To the extent the cumulative effect of new growth triggers the contract terms exceeding the cap agreed upon in 2014, the cost impact may be above that estimated based on the average cost approach. (5) Includes administration, environmental programs, development services,service center, grounds, streets, trees and right of way, facilities and fleet, transportation, and other programs. 11/05/19 346 of 347 Memorandum October 16, 2019 Cupertino Canyon View Fiscal Impact Review Page 11 Z:\Shared\Projects\Oakland\191000s\191050_CupertinoCanyonViewGPA\Deliverable\191050_CanyonViewFiscal_10.16.19.docx Net Fiscal Impact of Proposed Project Table 10 summarizes the fiscal impact of the residential development proposal on the City of Cupertino’s General Fund, with forecasted revenues and expenditure estimates based on the methodology described above. The annual fiscal impact of the proposed GPA is estimated at about $71,000. Table 10 Summary of Fiscal Impact Analysis – Residential Homes at Buildout (2019$) Item Annual Fiscal Impact General Fund Revenues Sales Tax (excl. business-to-business sales)$5,000 Property Tax $65,000 Property Tax in Lieu of VLF $34,000 Property Transfer Tax $3,000 Utility Tax $2,000 Franchise Fees $3,000 Total Revenues $114,000 General Fund Expenditures General Government $1,000 Police $13,000 Recreation & Community Services $10,000 Planning & Community Development $5,000 Public Works $15,000 Total Expenditures $43,000 Net Impact on General Fund $71,000 11/05/19 347 of 347