CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
Amendments to Cupertino Municipal Code Title 16, Buildings and Construction, for the purposes of adopting, amending and implementing the 2022 California Code of Regulations and making local exceptions (effective January 1, 2023).
Recommended Action
Conduct the second reading of Ordinance No. 22-10885: “An Ordinance of the City Council of the City of Cupertino amending Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16,24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, and 16.68 of the Cupertino Municipal Code adopting the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building Code, Fire, Existing Building Code, Green Building Standards Codes, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code, with Certain Exceptions, Modifications, Additions, and Amendments” Discussion
The 2022 California Building Standards Code becomes effective January 1, 2023. California state law allows local municipalities to modify the adopted Codes to make them more restrictive provided those modifications are necessary due to local climactic, geographical, or topographical conditions that can affect the health, safety and welfare of the local residence. At the October 18, 2022, Council conducted the first reading of the proposed Ordinance, and adopted a Resolution making the factual findings necessary for the City to make exceptions necessary for the local geographic, typographical, and climactic conditions.
City Council did not make any suggested revisions or edits to the proposed Ordinance and approved the first reading at the October 18, 2022, at the council meeting.
Environmental Review
Exempt, under the provision of the California Environmental Quality Act of 1970, as amended, 14 California Code of Regulations Section 15061(b)(3), and as a regulatory action to protect the environment under 14 California Code of Regulations Section 15038.
Sustainability Impact
The 2022 Green Buildings Standards Code and 2022 Energy Code supports Cupertino’s sustainability strategy by increasing requirements in several key areas. For example, electric heat pumps are now the preferred form of space conditioning statewide in the 2022 Energy Code. Another example is a new requirement that requires installation of electric vehicle infrastructure when an existing parking lot is altered. These statewide changes, in addition to Cupertino’s locally adopted green building provisions, are important tools to implement the Climate Action Plan 2.0.
Fiscal Impact
Include fiscal impact if necessary. If no impact, state, “No fiscal impact.” _____________________________________
Prepared by: Albert Salvador, Assistant Director of CDD Sean Hatch, Deputy Building Official
Reviewed by: Ben Fu, Director of Community Development Department Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Final Ordinance amending Title 16 of the Cupertino Municipal Code – Strikeout B – Final Ordinance amending Title 16 of the Cupertino Municipal Code - Clean C – Final Resolution including Justification and Findings for Local Amendments